Smith v. City of Stockton et al

Filing 56

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 1/25/17 ORDERING that the Request to Modify the Scheduling is GRANTED and all parties shall comply this its provisions as follows: Expert Disclosure Deadline 3/31/2017. Expert Rebuttal Deadline 4/12/2017. Discovery Cut-off 4/28/17. Last Day to Hear Dispositive Motions 6/16/17. Joint Pretrial Statement Filing Deadline 9/1/17. Final Pretrial Conference 9/22/17. Trial 11/06/17. (Mena-Sanchez, L)

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Lori Rifkin, Esq. [S.B. #244081]
HADSELL STORMER & RENICK LLP
4300 Horton Street, #15
Emeryville, CA 94608
Telephone: [phone]/Facsimile: [phone]
Email: [e-mail]
Dan Stormer, Esq. [S.B. #101967]
Brian Olney, Esq. [S.B. #298089]
HADSELL STORMER & RENICK LLP
128 N. Fair Oaks Ave.
Pasadena, CA 91103
Telephone: [phone]/Facsimile: [phone]
Emails: [e-mail]
[e-mail]

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Attorneys for Plaintiff

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DANA A. SUNTAG, State Bar Number: 125127
JOSHUA STEVENS, State Bar Number: 238105
HERUM\CRABTREE\SUNTAG
A California Professional Corporation
3757 Pacific Avenue, Suite 222
Stockton, California 95207
Telephone: [phone]/Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for All Defendants

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION
Nathaniel Smith,
Case No.: 2:15-cv-00363-KJM-AC
Plaintiff,
v.
City of Stockton; Officer Patrick Mayer,
Officer Robin Harrison, and Officer
Michael Perez, in their individual
capacities; and Chief of Police Eric Jones,
in his official and individual capacities,
Defendants.

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JOINT STIPULATED REQUEST TO MODIFY
SCHEDULING ORDER; ORDER

[Assigned to the Honorable Kimberly J.
Mueller – Courtroom 3]
JOINT STIPULATED REQUEST &
ORDER TO MODIFY SCHEDULING
ORDER
Complaint filed:
Discovery Cut-Off:
Motion Cut-Off:
Trial Date:

February 12, 2015
April 28, 2017
June 16, 2017
November 6, 2017

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Plaintiff NATHANIEL SMITH and Defendants CITY OF STOCKTON,

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OFFICER ROBIN HARRISON, OFFICER PATRICK MAYER, OFFICER MICHAEL

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PEREZ, and CHIEF OF POLICE ERIC JONES (also hereinafter collectively referred to

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as “Defendants”), by and through their undersigned counsel of record, and subject to the

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approval of the court, hereby stipulate as follows:

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Whereas, the parties have agreed to engage in mediation in a good-faith effort to
resolve the case; and
Whereas, in order to focus on trying to resolve the case, the parties have agreed
to jointly request modification of the scheduling order that continues various discovery
deadlines, but does not change dispositive motion and trial dates; and

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Whereas, mediation is scheduled for February 17, 2017; and

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Whereas, the expert disclosure deadline in this case is currently March 3, 2017,

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and the expert rebuttal deadline is currently March 24, 2017; and
Whereas, the parties have agreed to produce outstanding discovery by February

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28, 2017, and to a tentative deposition schedule allowing for completion of outstanding

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depositions between February 22 and March 23, 2017; and

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Whereas, when an act must be done within a specified time, the court may, for

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good cause, extend the time with or without motion or notice of the court acts, or if a

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request is made, before the original time expires. Fed. R. Civ. P. 6(b)(1)(A); see also

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Johnson v. Mammoth Recreations, Inc. 975 F.2d 604, 609 (9th Cir. 1992) (“The district

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court may modify the pretrial schedule ‘if it cannot be reasonably met despite the

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diligence of the party seeking the amendment.’”);

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The parties request that the Court modify the operative scheduling order in this
case as follows:

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Current
3/3/17
3/24/17
4/28/17

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Expert Disclosure Deadline
Expert Rebuttal Deadline
Discovery Cut-off
JOINT STIPULATED REQUEST TO MODIFY
SCHEDULING ORDER; [PROP] ORDER

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Proposed
3/31/17
4/12/17
Unchanged

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Last Day to Hear Dispositive Motions
Joint Pretrial Statement Filing Deadline
Final Pretrial Conference
Trial

6/16/17
09/01/17
09/22/17
11/06/17

Unchanged
Unchanged
Unchanged
Unchanged

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Based on the foregoing, the parties respectfully request that the Court approve
this stipulated modification of the scheduling order.

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Respectfully Submitted,
Dated: January 19, 2017

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HADSELL STORMER & RENICK LLP
By:

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/s/ - Lori Rifkin
Lori Rifkin
Attorney for Plaintiff

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Dated: January 19, 2017

HERUM\CRABTREE\SUNTAG
By:

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/s/ - Joshua Stevens
Joshua Stevens
Attorney for All Defendants

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JOINT STIPULATED REQUEST TO MODIFY
SCHEDULING ORDER; [PROP] ORDER

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ORDER
The Court, having considered the parties’ stipulation, and good cause appearing,

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the Joint Stipulated Request to Modify the Scheduling is GRANTED and all parties

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shall comply with its provisions as follows:

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Expert Disclosure Deadline
Expert Rebuttal Deadline
Discovery Cut-off
Last Day to Hear Dispositive Motions
Joint Pretrial Statement Filing Deadline
Final Pretrial Conference
Trial

Deadline
3/31/17
4/12/17
4/28/17
6/16/17
09/01/17
09/22/17
11/06/17

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IT IS SO ORDERED.
DATED: January 25, 2017

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UNITED STATES DISTRICT JUDGE

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JOINT STIPULATED REQUEST TO MODIFY
SCHEDULING ORDER; [PROP] ORDER

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