Cook, et al. v. City of Fairfield, et al.

Filing 43

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 09/26/17 ORDERING that the Discovery deadline is EXTENDED to 04/13/17. (Benson, A.)

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Gregory M. Fox, State Bar No. 070876
BERTRAND, FOX, ELLIOT, OSMAN & WENZEL
The Waterfront Building
2749 Hyde Street
San Francisco, California 94109
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant
CITY OF FAIRFIELD, WALT TIBBET, REBECCA
BELK, AARON BERTSCH, FRANK PIRO,
KELLY ROMBACH, ADAM BRUNIE,
CHRISTOPHER GRIMM and KEITH PULSIPHER

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BILLY ROBERT COOK, MICHAEL JOHN
MAROULAS, AND BECKY SMISEK-GAGE,

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Plaintiffs,

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Case No. 2:15-cv-02339- KJM-KJN
STIPULATION AND ORDER TO EXTEND TIME
FOR FACT AND EXPERT DISCOVERY
HONORABLE KIMBERLY J. MUELLER

v.
CITY OF FAIRFIELD, a municipal
corporation; FORMER CITY OF FAIRFIELD
POLICE CHIEF WALT TIBBET, in his
individual and official capacities; REBECCA
BELK and AARON BERTSCH, individually
and in their official capacities as police
sergeants for the City of Fairfield, FRANK
PIRO, KELLY ROMBACH, MARK APLEY,
ADAM BRUNIE, CHRISTOPHER GRIMM,
KEITH PULSIPHER, and DOES 1-50,
individually and in their capacities as peace
officers,
Defendants.

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STIPULATION AND ORDER TO EXTEND TIME FOR DISCOVERY
Cook, et al. v City of Fairfield, et al. Case No.: 2:15-cv-02339-KJM-KJN

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Plaintiffs Billy Robert Cook, Michael John Maroulas, and Becky Smisek-Gage (“Plaintiffs”),

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acting by and through their attorney of record, and defendants City of Fairfield, Walt Tibbet, Rebecca

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Belk, Aaron Bertsch, Frank Piro, Kelly Rombach, Mark Apley, Adam Brunie, Christopher Grimm, and

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Keith Pulsipher (“Defendants”), acting by and through their attorney of record, hereby represent to the

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Court as follows:

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On October 14, 2016 this Court issued a Pretrial Scheduling Order (Docket 35) setting, among
other deadlines, a cutoff for all discovery of November 10. 2017.

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At the time that the Pretrial Scheduling Order was issued, Defendants’ July 15, 2016 Motion to

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Dismiss the Third Amended Complaint (Docket 27) was still pending, having been heard on October 7,

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2016.
As of the date of this stipulation, no Order has been issued on the Motion to Dismiss, which
remains pending.

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The parties have conducted some discovery, including the exchange of written discovery, but are

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limited in their ability to complete further fact discovery, given the uncertainty of the pleadings in the

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absence of an Order on the pending Motion to Dismiss.

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A five month extension of time for fact and expert discovery will allow the parties to conduct full

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and complete discovery in this case. Therefore, the parties request that the cutoff for all discovery now

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set for November 10, 2016 be continued by five months to April 13, 2018.

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IT IS SO STIPULATED

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Dated: September 26, 2017

BERTRAND, FOX, ELLIOT, OSMAN & WENZEL

By: /s/ Parry Black
Parry Black
Attorney for Defendant
CITY OF FAIRFIELD, WALT TIBBET,
REBECCA BELK, AARON BERTSCH, FRANK
PIRO, KELLY ROMBACH, ADAM BRUNIE,
CHRISTOPHER GRIMM and KEITH
PULSIPHER

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STIPULATION AND ORDER TO EXTEND TIME FOR DISCOVERY
Cook, et al. v City of Fairfield, et al. Case No.: 2:15-cv-02339-KJM-KJN

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Dated: September 26, 2017

LAW OFFICES OF JUSTIN KIRK TABAYOYON

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By: /s/ Justin Kirk Tabayoyon (as authorized on
9/19/17)
Justin Kirk Tabayoyon
Attorney for Plaintiffs

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____________________________________________________________________________________

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ORDER

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Good cause appearing, the Stipulation is SO ORDERED.
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Dated: September 26, 2017.

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UNITED STATES DISTRICT JUDGE

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STIPULATION AND ORDER TO EXTEND TIME FOR DISCOVERY
Cook, et al. v City of Fairfield, et al. Case No.: 2:15-cv-02339-KJM-KJN