Evans v. California Commission on Peace Officers Standards and Training et al

Filing 40

STIPULATION and ORDER TO EXTEND DISCOVERY DATES signed by District Judge Morrison C. England, Jr on 9/29/16 ORDERING that the fact Discovery cutoff is EXTENDED until 2/17/2017; The deadline to designate experts is EXTENDED until 4/19/2017; and The last day to hear Dispositive Motions shall be 8/24/2017. (Mena-Sanchez, L)

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BROWN | POORE LLP
Scott A. Brown (SBN 177099)
David M. Poore (SBN 192541)
1350 Treat Boulevard, Suite 420
Walnut Creek, California 94597
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiff Tamara Evans

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TAMARA EVANS,

2:15-CV-01951-MCE-DB

Plaintiff,
v.

STIPULATION AND ORDER TO
EXTEND DISCOVERY DATES

CALIFORNIA COMMISSION ON PEACE
OFFICERS STANDARDS AND
TRAINING; EDMUND PECINOVSKY;
ANNE BREWER and DOES 1-25,
Defendants.

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Pursuant to Local Rules 143 and 144, Plaintiff Tamara Evans and Defendants California

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Commission on Peace Officers Standards and Training, Anne Brewer, and Edmund Pecinovsky

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hereby stipulate to extend the discovery cutoff dates. Due to the elevation of the original

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magistrate judge assigned to this case, no scheduling conference was held and the parties did not

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participate in the assignation of discovery deadlines.
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There exists good cause to extend the discovery deadlines and modify the pre-trial order

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in accordance with FRCP 16. All parties agree that the current discovery schedule does not

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provide sufficient time. The parties agree to a 120-day extension of currently scheduled deadlines

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as set forth below. No trial date has been assigned in this case which has been reassigned twice.

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The parties believe that each will benefit from the extension and there will be no undue prejudice.

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Although this case was originally filed on June 4, 2014, there was a dormant period where

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Plaintiff substituted counsel. A First Amended Complaint was filed on August 10, 2015.

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Written discovery has been propounded. However, there exists a long standing dispute

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over the production of various documents as well as the contents from Plaintiff’s laptop used

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during her employment. The parties have noticed depositions, but the depositions have been

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postponed due to health issues in plaintiff’s family and the unresolved discovery issues. The

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parties hope that a discovery telephonic conference call with the court on September 28, 2016 at

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2:30 p.m. will be productive.

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No previous request to continue discovery deadlines has been made.

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WHEREAS the court previously set October 17, 2016, as the deadline for fact discovery;

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WHEREAS the court previously set December 19, 2016, as the deadline for expert

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discovery;

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WHEREAS the court previously set April 20, 2017, as the deadline for hearing dispositive
motions.

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The parties do therefore Stipulate and agree as follows:

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1. To extend Fact discovery cutoff until February 17, 2017;

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2. To extend Designation of Experts deadline until April 19, 2017; and

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3. That a Status and Setting Conference be set for a date convenient to the court to

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address remaining case calendar, including deadline for dispositive motions and assignment of

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trial.

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STIPULATION AND ORDER

No. 2:15-CV-01951-MCE-DB

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Dated: September 21, 2016

BROWN POORE LLP

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SCOTT A. BROWN
Attorneys for Plaintiff Tamara Evans

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Dated: September 21, 2016

California Deputy Attorney General

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CONNIE A. BROUSSARD
Attorneys for Defendants

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I hereby attest that concurrence in the filing of the document has been obtained by all of
the signatories.
Dated: September 21, 2016

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BROWN POORE LLP
SCOTT A. BROWN
Attorneys for Plaintiff Tamara Evans

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ORDER

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Pursuant to the parties’ stipulation, it is hereby ordered that the Court’s Pretrial
Scheduling Order (ECF No. 17) is modified as follows:

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1. The fact discovery cutoff is extended until February 17, 2017;

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2. The deadline to designate experts is extended until April 19, 2017; and

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3. The last day to hear dispositive motions shall be August 24, 2017.

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IT IS SO ORDERED.
Dated: September 29, 2016

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STIPULATION AND ORDER

No. 2:15-CV-01951-MCE-DB