Smith v. City of Lodi

Filing 23

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 7/6/15 ORDERING that the enlargement of time for discovery to be conducted to allow the deposition of Wally Sandlin to take place on 8/13/2015 is GRANTED. (Kastilahn, A)

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AMIE McTAVISH, ESQ., SB No. 242372
Email: [e-mail]
KEVIN J. DEHOFF, ESQ., SB No. 252106
Email: [e-mail]
ANGELO, KILDAY & KILDUFF, LLP
Attorneys at Law
601 University Avenue, Suite 150
Sacramento, CA 95825
Telephone: [phone]
Telecopier: [phone]

JANICE D. MAGDICH, ESQ., SB No. 188278
Email: [e-mail]
City Attorney, City of Lodi
P.O. Box 3006
Lodi, CA 95241
Telephone: [phone]

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Fax: [phone]

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Attorneys for Defendant CITY OF LODI

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RAYMOND G. BALLISTER, JR. ESQ., SBN 111282
PHYL GRACE, ESQ., SBN 171771
CENTER FOR DISABILITY ACCESS
P.O. Box 262490
San Diego, CA 92196-2490
9845 Erma Road, Suite 300
San Diego, CA 92131
[e-mail]
Attorney for Plaintiff JAMES SMITH

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES SMITH,

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Plaintiff,

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vs.
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CITY OF LODI, et al.,
Defendants.

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Case No.: 2:14-cv-01318-TLN-AC
JOINT REQUEST TO ENLARGE TIME;
DECLARATION OF AMIE MCTAVISH
IN SUPPORT THEREOF ; ORDER

-1JOINT REQUEST TO ENLARGE TIME; ORDER

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WHEREAS the deadline for non-expert discovery to be completed in this matter is July
6, 2015;

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WHEREAS Plaintiff James Smith has noticed the deposition for the City of Lodi to

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produce a person with knowledge as to eleven categories concerning the facility that is the

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subject of this litigation;

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WHEREAS the person best suited for this deposition, Wally Sandelin, the Public Works

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Director for the City of Lodi, cannot be deposed until August 13, 2015 due to scheduling

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conflicts;

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IT IS HEREBY JOINTLY REQUESTED by Plaintiff, JAMES SMITH, and Defendant,
CITY OF LODI, by and through their undersigned Counsel, as follows:
Enlarge time for discovery to be conducted to allow the deposition of Wally Sandlin to

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take place on August 13, 2015.

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All other dates in the scheduling order to remain unchanged.

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Dated: July 6, 2015

ANGELO, KILDAY & KILDUFF, LLP
/s/ Amie McTavish
By:_________________________________
AMIE McTAVISH
KEVIN J. DEHOFF
Attorneys for Defendant
CITY OF LODI

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Dated: July 6, 2015

CENTER FOR DISABILITY ACCESS
/s/ Amanda Lockhart (as authorized
on 6/24/15)
By:_________________________________
AMANDA LOCKHART
Attorney for Plaintiff JAMES SMITH

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-2JOINT REQUEST TO ENLARGE TIME; ORDER

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DECLARATION OF AMIE MCTAVISH
I, Amie McTavish, do hereby declare as follows:
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I am an attorney at law duly licensed to practice before the Courts of the State of

California and the United States District Court for the Eastern District of California.
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I am an associate with the law firm of Angelo, Kilday & Kilduff. I am familiar

with the pleadings and discovery in this case.
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On May 4, 2015 my office received a deposition notice for “The City of Lodi” to

commence on May 27, 2015.
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The notice sought a deponent knowledgeable in eleven subjects in connection

with the property that is the subject of this litigation.
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Wally Sandelin, the Public Works Director for the City of Lodi, is the person best

qualified for this deposition.
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Due to vacations and scheduling conflicts, the May 27th date was not feasible for

this deposition to take place.

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7.

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August 13, 2015.

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8.

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The next date Mr. Sandelin and all counsel will be available for deposition is

I believe these circumstances establish Good Cause for a minimal modification of

the existing scheduling order.

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9.

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I declare under penalty of perjury under the laws of the United States, that the forgoing is

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true and correct, that I have personal knowledge of the facts stated above, and that, if sworn as a

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witness, I would be competent to testify thereto.

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No other modification of the scheduling order is being sought.

Executed this 23rd day of June 2015, at Sacramento, California.
/s/ Amie McTavish
________________________________________
AMIE McTAVISH

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-3JOINT REQUEST TO ENLARGE TIME; ORDER

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ORDER
IT IS HEREBY ORDERED that the enlargement of time for discovery as reflected
heretofore is granted.

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Dated: July 6, 2015

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Troy L. Nunley
United States District Judge

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-4JOINT REQUEST TO ENLARGE TIME; ORDER