Olvera Sr. v. City of Manteca et al

Filing 36

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 4/19/2018 GRANTING the parties' 35 Stipulation; Expert witness discovery is STAYED and all pending deadlines in the instant matter are VACATED. The Court hereby REFERS this matter to Magistrate Judge Allison Claire for a settlement conference. (Fabillaran, J)

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JOHN L. BURRIS ESQ., SBN 69888
BEN NISENBAUM ESQ., SBN 222173
JAMES COOK ESQ., SBN 300212
THE LAW OFFICES OF JOHN L. BURRIS
Airport Corporate Centre
7677 Oakport Street, Suite 1120
Oakland, California 94621
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

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CASE NO.: 2:15-cv-00897-TLN-DAD

ROBERT OLVERA SR., an individual,

STIPULATION AND ORDER STAYING
EXPERT WITNESS DISCLOSURES
AND DISCOVERY PENDING
RESOLUTION OF SETTLEMENT
NEGOTIATIONS; REFERALL TO
MAGISTRATE JUDGE CLAIRE FOR
SETTLEMENT CONFERENCE.

Plaintiff,
vs.
CITY OF MANTECA, a municipal corporation;
BEN CROMWELL, individually and in his
capacity as an officer for the MANTECA Police
Department; and DOES 1-25, inclusive,
individually, jointly and severally,
Defendants.

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STIPULATION

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WHEREAS, the parties have completed fact discovery in the instant action.
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WHEREAS, the parties have initiated settlement discussions. In order to avoid the potentially

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settlement-prohibitive cost of conducting expert witness discovery, the parties hereby stipulate and

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respectfully request that the Court vacate all pending dates in the instant matter and refer this matter

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to Magistrate Judge Allison Claire for a settlement conference at Judge Claire’s earliest convenience.

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Should the matter not be resolved at settlement conference, the parties request the court set new
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dates, including opening expert witness designations and reports due 30 days from the date the
settlement conference takes place, and closing expert witness discovery 6 weeks after it opens.
IT IS SO STIPULATED.

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Respectfully submitted,
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THE LAW OFFICES OF JOHN L. BURRIS

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/s/ Benjamin Nisenbaum

Dated: April 16, 2018

Benjamin Nisenbaum
Attorney for Plaintiff
ROBERT OLVERA

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ALLEN, GLAESSNER, HAZELWOOD &
WERTH, LLP

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/s/ Dale L. Allen, Jr.

Dated: April 16, 2018

DALE L. ALLEN, JR.
KEVIN ALLEN
Attorney for Defendants
CITY OF MANTECA and BEN CROMWELL

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ORDER

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GOOD CAUSE APPEARING, to facilitate the settlement of the instant action, the Court

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hereby grants the parties’ stipulation to stay expert witness discovery and vacates all pending

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deadlines in the instant matter.

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The Court hereby refers this matter to Magistrate Judge Allison Claire for a settlement

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conference at Judge Claire’s earliest convenience. The parties are instructed Judge Claire’s chambers

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to obtain a date for a settlement conference.

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In the event the settlement conference does not resolve the instant action, expert discovery

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shall commence and expert reports shall be exchanged within 30 days from the date of the settlement

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conference. Expert discovery shall close 6 weeks after it opens.

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The court shall set pre-trial and trial dates should the matter not be resolved at the settlement
conference.
IT IS SO ORDERED.

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Dated: April 19, 2018
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Troy L. Nunley
United States District Judge

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