Bonilla-Chirinos, et al. v. City of West Sacramento, et al.

Filing 25

STIPULATION and ORDER Modifying the Pretrial Scheduling Order signed by Senior Judge William B. Shubb on 11/16/16. Designation of Expert Witnesses due by 2/23/2017, Rebuttal Expert Disclosure due 3/23/2017, Discovery due by 4/21/2017, Motions to be filed by 6/13/2017. Final Pretrial Conference set for 9/25/2017 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Joint Pretrial Statements to be filed by 9/18/2017. Trial set for 11/14/2017 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kastilahn, A)

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AMIE McTAVISH (SB No. 242371)
Email: [e-mail]
SEAN D. O’DOWD (SB No. 296320)
Email: [e-mail]
ANGELO, KILDAY & KILDUFF, LLP
Attorneys at Law
601 University Avenue, Suite 150
Sacramento, CA 95825
Telephone: [phone]

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Telecopier: [phone]

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Attorneys for Defendants CITY OF WEST SACRAMENTO and KENNETH FELLOWS

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GUILLERMO BONILLA-CHIRINOS,
SANDRA HERNANDEZ, INDIVIDUALLY
AND AS GUARDIANS AD LITEM OF J B,
A MINOR

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Plaintiffs,
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vs.
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CITY OF WEST SACRAMENTO,
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KENNETH FELLOWS (BADGE #151) AND )
DOES 1 THROUGH 99,
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Defendants.
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______________________________________ )

Case No.: 2:15-cv-02564-WBS-EFB

STIPULATION AND [PROPOSED]
ORDER MODIFYING THE PRETRIAL
SCHEDULING ORDER

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COMES NOW THE PARTIES by and through their respective counsel and subject to the

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approval of this Court, hereby stipulate and respectfully request the following modifications to

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this Court’s Pretrial Scheduling Order of April 12, 2016 (Court’s Docket No. 11), regarding the

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scheduling of this case:

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

moved to February 23, 2017;

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That the expert witness disclosure cut-off date currently set for November 23, 2016 be

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That the rebuttal expert witness disclosure currently set for December 23, 2016 be moved
to March 23, 2017;
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STIPULATION AND [PROPOSED] ORDER MODIFYING THE PRETRIAL SCHEDULING
ORDER



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That the discovery deadline currently set for January 23, 2017 be moved to April 21,
2017;

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That the deadline to file Motions currently set for March 13, 2017 be moved to June 13,
2017;

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The trial currently set for July 25, 2017 be moved to a date convenient for the Court in or
after October 25, 2017;



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That the Final Pretrial Conference currently set for May 22, 2017 be moved to a date

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convenient for the Court in accordance with the new trial date, preferably after September

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15, 2017.

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The parties stipulate to and request this modification of the pretrial order as to the expert

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witness disclosures, the discovery cutoff, and the motion deadline because there has been a three-

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month delay from the time Plaintiffs terminated prior counsel and the time new counsel filed his

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substitution. There is good cause for this modification because the parties did not anticipate that

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Plaintiffs would change counsel, and because neither party could conduct discovery during the

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three month period while Plaintiffs were effectively unrepresented. The parties are confident

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that the new dates for expert witness disclosures, discovery cutoff, and motion deadline will

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provide all parties with adequate time to complete discovery and dispositive motions.

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The parties also stipulate to and request this modification of the pretrial order as to the

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dates for the final pretrial conference and trial because defense counsel, Sean O’Dowd, cannot

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attend the pretrial conference and trial as currently scheduled, as he will be on military leave

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starting in May 2015. The parties submitted their availability for trial to this Court on March 28,

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2016. Court’s Docket No. 8, p. 6. At that time, defense counsel was unaware of the dates that he

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would be on military leave. His inability to attend the pretrial conference and trial was not

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caused by a lack of diligence in complying with the Court’s Scheduling Order. Mr. O’Dowd

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expects to return to work in mid-September 2017.

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-2STIPULATION AND [PROPOSED] ORDER MODIFYING THE PRETRIAL SCHEDULING
ORDER

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Defense counsel also wishes to notify the Court that it currently has trials scheduled to

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begin on December 4, 2017 (Smith v. Lodi, et al, Eastern District Case 2:14-cv-01318-TLN-AC)

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and on January 22, 2018 (Coryell v. Oroville, et al, Eastern District Case No. 2:15-cv-00476-

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TLN-AC).

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Dated: November 16, 2016

ANGELO, KILDAY & KILDUFF, LLP
/s/ Sean D. O’Dowd
By:_________________________________
AMIE McTAVISH
SEAN D. O’DOWD
Attorneys for Defendants

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Dated: November 10, 2016

CYRUS ZAL, A PROFESSIONAL
CORPORATION
/s/ Cyrus Zal (as authorized on 11/14/16)
By:_________________________________
CYRUS ZAL
Attorney for Plaintiffs

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-3STIPULATION AND [PROPOSED] ORDER MODIFYING THE PRETRIAL SCHEDULING
ORDER

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ORDER
THEREFORE it is so ordered that:
1. The expert witness disclosure cut-off date currently set for November 23, 2016 is
continued to February 23, 2017;
2. The rebuttal expert witness disclosure currently set for December 23, 2016 is continued
to March 23, 2017;
3. The the discovery deadline currently set for January 23, 2017 is continued to April 21,
2017;
4. The deadline to file Motions currently set for March 13, 2017 is continued to June 13,
2017;

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5. The Final Pretrial Conference currently set for May 22, 2017 is continued to September

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25, 2017 at 1:30 p.m. Joint Pretrial Statements shall be filed by September 18, 2017.

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6. The trial currently set for July 25, 2017 is continued to November 14, 2017 at 9:00 a.m.

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IT IS SO ORDERED.
Dated: November 16, 2016

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-4STIPULATION AND [PROPOSED] ORDER MODIFYING THE PRETRIAL SCHEDULING
ORDER