Advanced Building & Fabrication, Inc., et al. v. California Highway Patrol, et al.

Filing 46

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr., on 8/22/16 ORDERING that Discovery is due 11/14/2016, Designation of Expert Witnesses due 12/14/2016, Supplemental Expert Disclosures due 1/12/2017, and the last day to hear Dispositive motions is 3/9/2017. (Kastilahn, A)

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KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
PETER A. MESHOT, State Bar No. 117061
Supervising Deputy Attorney General
OLIVER R. LEWIS, State Bar No. 133557
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
John Wilson, and Curtis Ayers

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ADVANCED BUILDING &
FABRICATION, INC., a California
Corporation, ROBERT HONAN, an
individual,

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2:13-cv-02380-MCE-CKD
JOINT STIPULATION REGARDING
MODIFICATION OF PRETRIAL
SCHEDULING ORDER [DOC 42]

Plaintiffs,
v.

Trial Date:

None

Action Filed: September 27, 2013

CALIFORNIA HIGHWAY PATROL, John
Wilson, an individual, Curtis J. Ayers, an
individual, and DOES 1 to 20, inclusive,
Defendants.

This case relates to events beginning in May 2012 (including searches of Plaintiffs Robert
L. Honan and Advanced Building & Fabrication, Inc., on May 30, 2012) and now-dismissed
criminal charges against Mr. Honan.
Over the last few months, the parties have engaged in significant discovery, including
document requests, interrogatories, requests for admissions, third party subpoenas, and multiple
depositions. However, because of the large number of witnesses and depositions to be taken, it is

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Joint Stipulation to Modify the Pretrial Scheduling Order (2:13-cv-02380-MCE-CKD)

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proving impractical to schedule all the remaining witnesses before the September 12, 2016

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discovery cutoff provided by the Court’s Pretrial Scheduling Order [DOC 42].

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On August 11, 2016, counsel for both parties met and conferred by email regarding

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extending some of the dates outlined in the Scheduling Order. Both parties are in the process of

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discussing and noticing dates for witness depositions. Both parties are working cooperatively on

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discovery and hope to avoid discovery disputes. There is currently no assigned trial date.

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Because of the parties’ conflicting schedules and the extensive number of witnesses who

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have to be deposed in this case, as well as the voluminous amount of discovery that still needs to

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be completed, the parties respectfully request that the Court approve the following date

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modifications set forth below. The parties seek to compress the schedule, rather than extending

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all deadlines set by the Court, so that there is no impact to the timeline for disposition of the case,

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including the trial date still to be set:

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Non-expert Discovery Cutoff

September 12, 2016

November 14, 2016

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Initial Expert Disclosures
Supplemental Expert
Disclosures
Last Day to Hear Dispositive
Motions

November 14, 2016

December 14, 2016

December 14, 2016

January 12, 2017

March 9, 2017

No Change

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Joint Stipulation to Modify the Pretrial Scheduling Order (2:13-cv-02380-MCE-CKD)

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FOR GOOD CAUSE SHOWN, the parties hereby stipulate that, with the Court’s

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permission, the Court’s Pretrial Scheduling Order be modified to reflect the three new deadlines

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set forth above.

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Dated: August 12, 2016

Respectfully submitted,

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NOSSAMAN LLP

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“/s/ Brendan Macaulay”
_________________________________
BY: BRENDAN MACAULAY, ESQ.
Attorney for Plaintiffs Advanced Building
&Fabrication, Inc. and Robert Lee Honan

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Dated: August 12, 2016

CALIFORNIA ATTORNEY GENERAL’S
OFFICE

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“/s/ Oliver R. Lewis”
_________________________________
BY: OLIVER R. LEWIS, ESQ.
Attorney for Defendants California Highway
Patrol, John Wilson and Curtis Ayers

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IT IS SO ORDERED.
Dated: August 22, 2016

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Joint Stipulation to Modify the Pretrial Scheduling Order (2:13-cv-02380-MCE-CKD)