Gilliam v. City of West Sacramento et al

Filing 33

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 2/19/15 re: 32 MODIFYING 31 Scheduling Order to Extend Discovery Completion Deadlines. (Meuleman, A)

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JAMES C. ASHWORTH,
THE ASHWORTH LAW OFFICES
1105 Kennedy Place, Suite 8
Davis, CA 95616
530-574-1130; 530-564-4987 (fax)
Attorneys for Plaintiff
BRUCE A. KILDAY
Angelo, Kilday & Kilduff, LLP
601 University Ave., Suite 150
Sacramento, CA 95825
[phone]
Attorneys for Defendant City of West Sacramento and Chief Dan Drummond
LONGYEAR, O’DEA & LAVRA, LLP
John A. Lavra, CSB No.: 114533
Amanda L. McDermott, CSB No.: 253651
3620 American River Drive, Suite 230
Sacramento, CA 95864
Phone: [phone]; Facsimile: 916-974-8510
Attorneys for Defendant Sergio Alvarez

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

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ROCHELLE L. GILLIAM,

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Plaintiff,
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vs.
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CITY OF WEST SACRAMENTO, SERGIO )
ALVAREZ, DAN DRUMMOND, and DOES )
1 through 25,
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Defendants
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Case No.: 2:13-CV-02276-WBS-AC
[PROPOSED] STIPULATION TO
MODIFY SCHEDULING ORDER TO
EXTEND DISCOVERY COMPLETION
DEADLINES

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All parties to this lawsuit, by and through their respective attorneys, stipulate and agree to

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request that this court modify the existing scheduling order issued by this court on January 29,

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2015 to extend the time to complete discovery until April 27, 2015. This joint request is based

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on the following:
PROPOSED] STIPULATION TO MODIFY SCHEDULING ORDER TO
EXTEND DISCOVERY COMPLETION DEADLINES
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1. On January 26, 2015, the parties herein filed a stipulation and proposed order to extend

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pretrial deadlines and requested that the court refer this case to a settlement conference with

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Magistrate Judge Delaney. The reason for the request was to allow the parties to conduct a

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settlement conference with Judge Delaney for a date in March 2015, before the expert disclosure

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deadline, and to allow the parties an additional two weeks to complete discovery if necessary,

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after the parties attended the settlement conference.
2. On January 29, 2015, the court issued an order setting a discovery deadline of March 27,

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2015, expert disclosure May 18, 2015, completion of expert discovery by June 8, 2015, and a last

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day to file dispositive motions on June 29, 2015. The Court also issued an order that the parties

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attend a settlement conference with Magistrate Judge Delaney on March 13, 2015 at 9:30 a.m.
3. The parties at this time have been attempting to schedule various depositions, including

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the deposition of the plaintiff, the deposition of defendant Alvarez, the depositions of defendants

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employed by the West Sacramento Police Department, and some percipient witness depositions.

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However, the parties wish to avoid incurring costs of deposition and other discovery before the

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settlement conference. However, the current scheduling order requires discovery completion by

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March 27, 2015, therefore, if the matter is not resolved at the settlement conference, the parties

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will only have two weeks to complete discovery. The parties believe that by extending the

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discovery cut off another thirty (30) days, there will be adequate time to conduct the discovery if

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the case is not settled, in manner which is mutually convenient to the schedule of the attorneys

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herein, and without effecting any of the other pretrial dates scheduled in the case.
Therefore, all parties request that the scheduling order of January 29, 2015 be amended to set

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the deadline to complete discovery be extended by thirty (30) days to April 27, 2015.

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PROPOSED] STIPULATION TO MODIFY SCHEDULING ORDER TO
EXTEND DISCOVERY COMPLETION DEADLINES
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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Dated: February 18, 2015

THE ASHWORTH LAW OFFICES
/s/ James C. Ashworth
JAMES C. ASHWORTH
Attorneys for Plaintiff

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Dated: February 18, 2015

ANGELO, KILDAY & KILDUFF

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/s/ Bruce Kilday
BRUCE KILDAY
Attorneys for Defendants City of West
Sacramento
and Chief Dan Drummond

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Dated: February 18, 2015

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LONGYEAR, O’DEA & LAVRA, LLP

/S/ John Lavra
JOHN LAVRA
Attorneys for Defendant
Sergio Alvarez

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: February 19, 2015

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PROPOSED] STIPULATION TO MODIFY SCHEDULING ORDER TO
EXTEND DISCOVERY COMPLETION DEADLINES
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