Sears v. County of Butte, et al.,

Filing 33

STIPULATION AND ORDER signed by District Judge Morrison C. England, Jr. on 4/6/2017 ORDERING the parties to disclose expert witnesses within forty-five (45) days after the Court's decision on the pending 17 Motion for Summary Judgment. (Michel, G.)

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DAVID P. MASTAGNI (SBN 57721)
PHILLIP R.A. MASTAGNI (SBN 238254)
GRANT A. WINTER (SBN 266329)
MASTAGNI HOLSTEDT
A Professional Corporation
1912 “I” Street
Sacramento, California 95811
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff MICHAEL SEARS

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PORTER SCOTT
A PROFESSIONAL CORPORATION
Stephen E. Horan, SBN 125241
William E. Camy, SBN 291397
350 University Avenue, Suite 200
Sacramento, California 95825
TEL: [phone] • FAX: [phone]

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Attorneys for Defendants, COUNTY OF BUTTE, BUTTE COUNTY SHERIFF’S OFFICE,
ANDY DUCH and JOHN KUHN

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL SEARS,
Plaintiff,

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COUNTY OF BUTTE;
BUTTE COUNTY SHERIFF’S OFFICE;
ANDY DUCH;
JOHN KUHN; and,
DOES 1 through 100 inclusive,
Defendants.

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STIPULATION AND REQUEST TO
CONTINUE DEADLINE FOR EXPERT
WITNESS DISCLOSURE; ORDER
THEREON

v.

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Case No. 2:15-cv-00589-MCE-CMK

Plaintiff Michael Sears and Defendants the County Of Butte, the Butte County Sheriff’s
Office, Andy Duch, and John Kuhn (hereinafter collectively “Defendants”), hereby stipulate to
the following:
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STIPULATION AND REQUEST TO CONTINUE DEADLINE FOR EXPERT WITNESS DISCLOSURE; ORDER THEREON

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On August 12, 2015, the Court issued a Pretrial Scheduling Order setting forth dates and

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deadlines for litigation events in this case. A deadline of April 12, 2017 was set for Disclosure of

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Expert Witnesses. The Pretrial Scheduling Order also included a trial date of February 12, 2018.

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On or about August 10, 2016, Defendants filed a Motion for Summary Judgment. All

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opposition and reply papers have been submitted by the parties in relation to that motion. The

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last scheduled hearing on that Motion was set for January 12, 2017. On January 11, 2017, the

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Court issued a Minute Order vacating the January 12, 2017 hearing for the Motion for Summary

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Judgment. That Minute Order also vacated the February 12, 2018 trial date. As of the time of

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filing this stipulation, the Court has not issued an order regarding Defendant’s Motion for

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Summary Judgment.

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The parties hereby stipulate that, provided the Court grants its consent, the deadline for

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Disclosure of Expert Witnesses shall be continued until after the Court issues a ruling on

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Defendants’ currently pending Motion for Summary Judgment.

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warranted because, depending on the Court’s ruling, certain issues and/or causes of action may no

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longer be at issue in the case following the ruling. Thus, the parties desire to avoid incurring the

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potentially unnecessary expense of retaining experts and commissioning reports concerning

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issues that may no longer be relevant after the issuance of the ruling.

The parties believe this is

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For these reasons, the parties request that the Court order that the deadline for Disclosure of

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Expert Witnesses be continued until forty-five days after the Court issues its ruling on the

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currently pending Motion for Summary Judgment.

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STIPULATION AND REQUEST TO CONTINUE DEADLINE FOR EXPERT WITNESS DISCLOSURE; ORDER THEREON

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IT IS SO STIPULATED.

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Dated: March 31, 2017

PORTER SCOTT

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By: _/s/ ________________
William E. Camy
Attorneys for Defendants COUNTY OF BUTTE;
BUTTE COUNTY SHERIFF’S OFFICE; ANDY
DUCH; and, JOHN KUHN

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Dated: March 31, 2017

MASTAGNI HOLSTEDT, APC

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By: _/s/ __________________
Grant A. Winter
Attorneys for Plaintiff MICHAEL SEARS

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ORDER

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Having considered the parties’ stipulated joint request to continue the deadline for the
Disclosure of Expert Witnesses, the Court finds good cause for the continuance.
It is ordered that the Disclosure of Expert Witnesses shall take place not later than fortyfive days after the Court rules on Defendants’ currently pending Motion for Summary Judgment.
IT IS SO ORDERED.
Dated: April 6, 2017

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STIPULATION AND REQUEST TO CONTINUE DEADLINE FOR EXPERT WITNESS DISCLOSURE; ORDER THEREON