Bonilla et al. v. California Highway Patrol, et al.

Filing 60

STIPULATION and ORDER signed by District Judge Leslie E. Kobayashi on 07/10/18 ORDERING that a telephonic conference be held with counsel for the Parties to discuss modification of the current Scheduling Order.The Court Assistant shall arrange the conference call. (Benson, A.)

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CYRUS ZAL, SBN: 102415
CYRUS ZAL, A PROFESSIONAL CORPORATION
102 Mainsail Court
Folsom, CA 95630
[phone]
[phone] (FAX)
Attorney for Plaintiffs GUILLERMO BONILLA and
SANDRA AMAYA BONILLA

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GUILLERMO BONILLA, SANDRA
AMAYA BONILLA,
Plaintiff,

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CASE NO. 2:16-cv-01742-LEK

STIPULATION OF THE PARTIES
REQUESTING MODIFICATION OF
THE SCHEDULING ORDER;
DECLARATION OF CYRUS ZAL IN
SUPPORT THEREOF; REQUEST OF
THE PARTIES FOR A TELEPHONIC
CALIFORNIA HIGHWAY PATROL
CONFERENCE WITH THE COURT RE
AN AGENCY OF THE STATE OF
CALIFORNIA; OFFICER MCKENZIE THEIR REQUEST FOR
MODIFICATION OF THE
AND SGT. PETERSON and DOES 1
TO 50,
SCHEDULING ORDER; AND
PROPOSED ORDER THEREON
Defendants.
v.

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Plaintiffs GUILLERMO BONILLA and SANDRA AMAYA BONILLA,

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through their undersigned counsel, and Defendants CALIFORNIA HIGHWAY

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PATROL and OFFICER McKENZIE, through their undersigned counsel, respectfully

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submit the following Stipulation for consideration by the Court:

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1.

The Parties request and stipulate that the current Scheduling Order be

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modified. The Parties further request and stipulate that said modification to the current
Scheduling Order be discussed in a telephonic conference with the Court and the

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Parties. The requested modification includes establishing a new discovery deadline, new

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motion deadlines, a new trial date and the modification of any other dates as

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appropriate.
2.

The basis and the reasons for the Parties’ request to modify the current

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Scheduling Order are set forth in the Declaration of Cyrus Zal, counsel for Plaintiffs,
which is submitted below.
IT IS SO STIPULATED.

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Cyrus Zal, A Professional Corporation
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Dated: July 10, 2018
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By:

/s/ Cyrus Zal
Cyrus Zal, Attorney for Plaintiffs Guillermo
Bonilla and Sandra Amaya Bonilla

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Dated: July 10, 2018

XAVIER BECERRA
Attorney General of California
ALBERTO L. GONZALEZ
Supervising Deputy Attorney General

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By:

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/s/ Catherine Woodbridge

CATHERINE WOODBRIDGE
Deputy Attorney General
Attorneys for Defendant California
Highway Patrol

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DECLARATION OF CYRUS ZAL IN SUPPORT OF STIPULATATION

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I, Cyrus Zal, declare as follows:

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1.

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I am the attorney of record for Plaintiffs GUILLERMO BONILLA and

SANDRA AMAYA BONILLA in the above-referenced action.

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2.

I make this declaration in support of the Stipulation set forth above.

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3.

On June 27, 2018 I was diagnosed with needing full hip replacement

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surgery on both of my hips, as both of my hip joints had completely stopped

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functioning, causing me great pain and lack of mobility. This was a condition that had

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been developing for quite some time, but X-rays were not taken until June 25, 2018 and

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the diagnosis was made two days later on June 27, 2018.

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4.

On July 9, 2018 the first hip replacement surgery was scheduled to take

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place on August 13, 2018. My recovery time is expected to be 8 to 10 weeks from this

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first surgery. After I recover from my first surgery, I need to undergo hip replacement

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surgery on my other hip.

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5.

At the present time, I am unable to participate in any depositions due to

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my physical condition, as my mobility and ability to travel even short distances is

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extremely limited by the great pain and discomfort I am experiencing. Plaintiffs’

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depositions had been scheduled for July 18, 2018, but they were taken off calendar due

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to my inability to participate in the depositions.

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6.

I anticipate being able to work again after my second hip replacement

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surgery, which I hope to schedule in October or November of this year. The second

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surgery will also require 8 to 10 weeks of recovery time. I estimate I will be able to

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return to work in February of 2019.

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7.

Due to the foregoing circumstances, the Parties are requesting a

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modification of the current Scheduling Order and are further requesting that the Court

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hold a telephonic conference call with both counsel to discuss modification of the

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current Scheduling Order.
8.

If called as a witness, I could and would competently testify to the

foregoing, as the facts stated therein are within my personal knowledge.
I declare under penalty of perjury under the laws of the United States that the
foregoing is true and correct.
Executed this 10th day of July, 2018 at Folsom California.

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__/s/ Cyrus Zal________________________
Cyrus Zal

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ORDER

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Based on the foregoing Stipulation and Declaration of Cyrus Zal, the Court

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hereby orders that a telephonic conference be held with counsel for the Parties to

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discuss modification of the current Scheduling Order.

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The Court Assistant shall arrange the conference call.

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IT IS SO ORDERED.

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Dated:

July 10, 2018

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/s/ Leslie E. Kobayashi
Leslie E. Kobayashi
United States District Judge

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