Kozacenko v. State of California

Filing 75

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr., on 2/11/15 ORDERING that the non-expert discovery cut-off is EXTENDED to 5/8/15. (Kastilahn, A)

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KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
ALBERTO L. GONZÁLEZ, State Bar No. 117605
Supervising Deputy Attorney General
NELI N. PALMA, State Bar No. 203374
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants California Highway Patrol Officer Andrew Murrill and California
Highway Patrol Officer J. Sherman California Highway Patrol Sergeant Kevin Pierce;
California Highway Patrol Lieutenant John Arrabit; California Patrol Assistant Chief
Kenneth Hill; and California Highway Patrol Commander Chief Stephen Lerwill
GALLO LLP
RAY E. GALLO, State Bar #158903
DOMINIC R. VALERIAN, State Bar #240001
1299 Fourth Street, Suite 505
San Rafael, CA 94901
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorney for Plaintiffs

LAW OFFICE OF DAVID W.
WIECHERT
DAVID W. WIECHERT, State Bar #94607
Jessica C. Munk, State Bar #238832
115 Avenida Miramar
San Clemente, CA 92672
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorney for Plaintiffs

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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OLEGS KOZACENKO,

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v.

2:12-CV-2196 MCE DAD
Plaintiff, STIPULATION FOR ORDER
EXTENDING NON-EXPERT
DISCOVERY CUTOFF BY THIRTY
DAYS; AND ORDER

California Highway Patrol Officer
ANDREW P. MURRILL (Badge #19671);
California Highway Patrol Officer J.
SHERMAN (Badge #11614); California
Highway Patrol Sergeant KEVIN PIERCE;
California Highway Patrol Lieutenant
JOHN ARRABIT; California Patrol
Assistant Chief KENNETH HILL; and
California Highway Patrol Commander
Chief STEPHEN LERWILL,
Defendants.
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Stipulation for Order Extending Non-Expert Discovery Cutoff
(2:12-CV-2196 MCE DAD)

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COME NOW THE PARTIES by and through their respective attorneys and subject to the

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approval of this Court, hereby stipulate and respectfully request that the Court extend the non-

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discovery cut-off by thirty (30) days for good cause:

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• Non-expert discovery cut-off is currently set for April 8, 2015. Doc. 62, at 2:1-3.

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• Non-expert discovery cut-off be moved to May 8, 2015

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I. ARGUMENT
A.

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LEGAL STANDARD.
“A schedule may be modified only for good cause and with the judge's consent.” Fed. R.

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Civ. P. 16(b). A formal motion is not necessary. Adv. Comm. Notes to 1983 Amendment to Fed.

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R. Civ. P. 16(b). Good cause requires a showing of due diligence. Johnson v. Mammoth

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Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). A lesser showing of good cause is sufficient

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to modify the initial scheduling order entered early in the action than the showing required for a

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final pretrial conference order. Notes of Advisory Committee on Rule 16, 97 F.R.D. 165, 208.

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B.

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GOOD CAUSE EXISTS TO MODIFY THE SCHEDULING ORDER TO EXTEND THE NONEXPERT DISCOVERY CUT-OFF BY THIRTY DAYS
There is pending in this court two discovery matters, plaintiff’s motion to compel defendant

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Murill to respond to deposition questions (Doc. 65) and defendants’ motion to compel physical

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and mental examination (Doc. 64). Plaintiff is now represented by new counsel, who only

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recently appeared. Docs. 67, 68, 70, 71. The parties have reinitiated meet and confer efforts in

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attempts to resolve much if not all of the issues presented in the discovery motions. The parties

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have sought an order from the Magistrate Judge, by stipulation, to continue the hearing on the

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discovery motions to afford the parties additional time to do so. To allow new counsel and

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defendants’ counsel to then proceed in accordance with the parties’ resolution or the Court’s

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resolution of the discovery motions, the parties request the thirty day extension of the non-expert

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discovery cut-off. This will also serve to allow new counsel to review their file to complete their

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discovery plan and allow defendants to do the same.

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///

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Stipulation for Order Extending Non-Expert Discovery Cutoff
(2:12-CV-2196 MCE DAD)

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IT IS SO STIPULATED.
Dated: February 5, 2015

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/s/ Neli Palma
NELI PALMA
Deputy Attorney General
Attorneys for Defendants California Highway Patrol
Officer Andrew Murrill; California Highway Patrol
Officer J. Sherman; California Highway Patrol
Sergeant Kevin Pierce; California Highway Patrol
Lieutenant John Arrabit; California Patrol Assistant
Chief Kenneth Hill; and California Highway Patrol
Commander Chief Stephen Lerwill

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KAMALA D. HARRIS
Attorney General of California
ALBERTO L. GONZÁLEZ
Supervising Deputy Attorney General

Dated: February 5, 2015

GALLO LLP
By:

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Dated: February 5, 2015

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LAW OFFICES OF DAVID W. WIECHERT
By:

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/s/ David W. Wiechert for
RAY E. GALLO
Attorney for Plaintiffs

/s/ David W. Wiechert
DAVID W. WIECHERT
Attorney for Plaintiffs

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ORDER

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IT IS SO ORDERED.
Dated: February 11, 2015

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Stipulation for Order Extending Non-Expert Discovery Cutoff
(2:12-CV-2196 MCE DAD)