Perales v. City of Lodi et al

Filing 12

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 11/01/2016 ORDERING that the date for disclosure of expert witnesses is CONTINUED from 11/18/2016 to 01/17/2017. All other dates set forth in the Court's 9 Pretrial Scheduling Order remain in full force and effect. (Butolph, J)

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CAROLEE G. KILDUFF, ESQ., SB No. 107232
Email: [e-mail]
SERENA M. WARNER, ESQ., SB No. 264799
Email: [e-mail]
ANGELO, KILDAY & KILDUFF, LLP
Attorneys at Law
601 University Avenue, Suite 150
Sacramento, CA 95825
Telephone: [phone]
Telecopier: [phone]

Attorneys for Defendants CITY OF LODI and ED FITZPATRICK

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ANDREW PERALES, an individual,

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Plaintiff,
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vs.
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CITY OF LODI; ED FITZPATRICK, an
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individual; and DOES 1 through 50, inclusive, )
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Defendants.
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______________________________________ )

Case No.: 2:15-cv-01107-MCE-CKD

STIPULATION AND REQUEST TO
MODIFY PRE-TRIAL SCHEDULING
ORDER PURSUANT TO FRCP 16(b);
ORDER THEREON

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Defendants CITY OF LODI and ED FITZPATRICK, and Plaintiff ANDREW

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PERALES, through their respective attorneys, hereby stipulate, with the Court’s permission, to

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extend the date for expert disclosure by sixty (60) days, from the current date of November 18,

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2016 to January 17, 2017. The parties stipulate to the following facts: Plaintiff and Defendants

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have completed discovery and have agreed this would be a good time to attempt to settle the case

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through a private mediation, before they have incurred the expense of experts. The parties

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believe they will have a better opportunity to settle the case before they have expended the

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necessary funds to facilitate and obtain the expert reports required for expert disclosure, and

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before any expert discovery.

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-1STIPULATION AND REQUEST TO MODIFY PRE-TRIAL SCHEDULING ORDER
PURSUANT TO FRCP 16(b); ORDER THEREON

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Further, the parties have agreed upon a third party neutral, Alan Berkowitz of Judicate

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West, and reserved November 21, 2016 for an all day mediation. The parties request that the date

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for expert disclosure, currently scheduled for November 18, 2016, be moved to allow the

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mediation to occur before they incur the additional expense of experts and submit that this

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scheduled mediation and attempt at settlement is good cause to modify the pre-trial order. The

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parties agree that no further modification of the pre-trial order is requested or necessary at this

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time.
Dated: October 21, 2016

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/s/ Gary R. Basham [10/21/16 approved]
By_________________________________
GARY R. BASHAM
NATHAN T. JACKSON
Attorneys for Plaintiff
ANDREW PERALES

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BASHAM LAW GROUP

Dated: November 1, 2016

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ANGELO, KILDAY & KILDUFF, LLP
/s/ Carolee G. Kilduff
By:____________________________
CAROLEE G. KILDUFF
SERENA M. WARNER
Attorney for Defendants
CITY OF LODI and
ED FITZPATRICK

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ORDER

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Having reviewed the foregoing stipulation and good cause appearing, it is hereby

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ordered that the date for disclosure of expert witnesses is continued from November 18, 2016

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to January 17, 2017. All other dates set forth in the Court’s Pretrial Scheduling Order filed

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October 14, 2015 (ECF No. 9) remain in full force and effect.

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IT IS SO ORDERED.
Dated: November 1, 2016

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-2STIPULATION AND REQUEST TO MODIFY PRE-TRIAL SCHEDULING ORDER
PURSUANT TO FRCP 16(b); ORDER THEREON