Beck v. Peninsula Fire District, et al

Filing 34

STIPULATION and ORDER signed by Judge John A. Mendez on 7/8/15, ORDERING that the pretrial scheduling is amended as follows: designation of expert witnesses due by 10/2/2015, rebuttal expert witness disclosure due by 10/23/2015, discovery to be comp leted by 11/6/2015, dispositive motions to be filed by 12/30/2015, dispositive motion to be heard on 1/27/2016 at 9:30 a.m., joint pretrial statement due 3/9/2016, final pretrial conference SET for 3/16/2016 at 04:00 PM in Courtroom 7 (MCE) before Judge John A. Mendez, jury trial SET for 4/25/2016 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Kastilahn, A)

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James K. Ward, Esq. (SBN 117639)
Daniel P. Jay, Esq. (SBN 215860)
EVANS, WIECKOWSKI, WARD & SCOFFIELD, LLP
745 University Avenue
Sacramento, CA 95825
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
Peninsula Fire District

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,
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vs.
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PENINSULA FIRE DISTRICT, and DOES 1 )
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through 50,
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Defendants.
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TOBIAS BECK,

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Case No. 2:13-CV-01644-JAM-AC
STIPULATION AND DECLARATION;
ORDER RE AMENDED PRETRIAL
SCHEDULING ORDER
Before the Honorable John A. Mendez

IT IS HEREBY STIPULATED by Plaintiff, TOBIAS BECK, by and through his

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attorneys, and Defendant, PENINSULA FIRE DISTRICT, by and through its attorneys, that the
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pre-trial scheduling order be amended as follows:
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Expert witness disclosure deadline: October 2, 2015.

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Rebuttal expert witness disclosure deadline: October 23, 2015.

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Discovery to be completed by: November 6, 2015.

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

Dispositive motion filing deadline: December 30, 2015.

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

Dispositive motion hearing date: January 27, 2016 at 9:30 a.m.

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Stipulation and Order - 1

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

Joint pretrial statement due: March 9, 2016.

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Pretrial conference: March 16, 2016 at 4:00 p.m.

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Trial: April 25, 2016 at 9:00 a.m.

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This stipulation is based upon the following facts which the parties submit show good

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cause to adjust the pretrial scheduling order:

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1.

That on March 3, 2014, the Court established a discovery cutoff date of July 13,

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Since the initiation of this case, the parties have engaged in extensive written

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2015.
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discovery including exchanges of written special interrogatories and requests for production of

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documents. However, despite this diligence, the depositions of Defendant’s Fire Chief and

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Assistant Fire Chief were not able to be scheduled until July 9, 2015 and July 10, 2015

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respectively. Furthermore, due to the Plaintiff’s unavailability to have his deposition taken due
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to medical treatment and a move out of the area, his deposition will not be held until July 8,

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2015. Therefore, it is submitted that despite the parties’ diligence, there remains important

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discovery to be conducted, the results of which will guide the parties in their decision on what

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types of expert witnesses to disclose.
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3.

Since the date of this Court’s March 3, 2014 scheduling order, the parties have

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met and conferred regarding the disclosure of expert witnesses and have come to the conclusion

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that it would save both parties significant amounts of money and effort if experts were disclosed

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at a later date. Such an arrangement would allow normal discovery to be completed and will

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likely narrow the type of experts necessary and also narrow the scope of expert testimony. This
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arrangement will also allow the parties the opportunity to discuss possible settlement

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Stipulation and Order - 2

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negotiations and allow Plaintiff sufficient time to apply for disability retirement and a decision to
be rendered thereon.

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4.

Based on the foregoing, the parties submit that good cause exists to adjust the

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pretrial scheduling order as follows: expert witness disclosure deadline to October 2, 2015;

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rebuttal expert witness disclosure deadline to October 23, 2015; discovery to be completed by

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November 6, 2015; dispositive motion filing deadline to December 30, 2015; dispositive motion

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hearing date to January 27, 2016 at 9:30 a.m.; joint pretrial statement due on March 9, 2016;
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pretrial conference on March 16, 2016 at 4:00 p.m.; and trial on April 25, 2016 at 9:00 a.m.

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Good cause exists because an amendment to the scheduling order will cause no prejudice to

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either party since both parties have agreed to the continuance and the parties have confirmed

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with the Court the availability of these new dates.

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5.

The parties agree that this stipulation is valid under Local Rule 143.

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IT IS SO STIPULATED.
Dated: July 1, 2015

EVANS, WIECKOWSKI, WARD &
SCOFFIELD, LLP

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/s/ Daniel Jay
___________________________________
JAMES K. WARD
DANIEL JAY
Attorneys for Defendant PENINSULA
FIRE DISTRICT, ROBERT PHILLIPS and
GARY PINI

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Dated: July 1, 2015

LAW OFFICES OF LARRY L. BAUMBACH

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/s/ Larry L. Baumbach
_________________________________________
LARRY L. BAUMBACH attorney for Plaintiff
TOBIAS BECK

Stipulation and Order - 3

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DECLARATION OF DANIEL JAY

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I, Daniel Jay, do hereby declare and say the following:

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1.

I am one of the attorneys of record for the Defendant in the above-entitled action.

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I have prepared this Declaration as evidence in support of the parties’ request to adjust the

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pretrial scheduling order in this matter. The facts stated in the stipulation set forth above are true

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and correct and based upon my personal knowledge.

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I declare under the penalty of perjury under the laws of the United States of America that
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the facts stated above in the stipulation of the parties are true and correct. This Declaration was
executed on July 1, 2015 in Sacramento, CA.
/s/ Daniel Jay
_____________________________
Daniel Jay

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DECLARATION OF LARRY L. BAUMBACH
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I, Larry L. Baumbach, do hereby declare and say the following:

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I am the attorney of record for the Plaintiff in the above-entitled action. I have prepared

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this Declaration as evidence in support of the parties’ request to adjust the pretrial scheduling

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order in this matter. The facts stated in the stipulation set forth above are true and correct and

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based upon my personal knowledge.
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I declare under the penalty of perjury under the laws of the United States of America that

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the facts stated above in the stipulation of the parties are true and correct. This Declaration was

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executed on July 1, 2015 in Chico, CA.

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/s/ Larry L. Baumbach
_____________________________
Larry L. Baumbach

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Stipulation and Order - 4

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ORDER

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Based upon the stipulation of the parties and good cause appearing, the Court orders that

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the pretrial scheduling order be amended as follows:
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

Expert witness disclosure deadline: October 2, 2015.

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

Rebuttal expert witness disclosure deadline: October 23, 2015.

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

Discovery to be completed by: November 6, 2015.

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Dispositive motion filing deadline: December 30, 2015.

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Dispositive motion hearing date: January 27, 2016 at 9:30 a.m.

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

Joint pretrial statement due: March 9, 2016.

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Pretrial conference: March 16, 2016 at 4:00 p.m.

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Trial: April 25, 2016 at 9:00 a.m.

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IT IS SO ORDERED.
Dated: 7/8/2015
/s/ John A. Mendez_____________
United States District Court Judge

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Stipulation and Order - 5