Colfescu v. Berger, et al.,

Filing 29

STIPULATION AND ORDER signed by District Judge Vince Chhabria on 7/31/2017 ORDERING that fact discovery be completed by 10/6/2017; ORDERING all parties to disclose experts by 10/6/2017 and to disclose rebuttal experts by 10/20/2017; ORDERING that expert discovery be completed by 11/3/2017; ORDERING that dispositive motions be filed by 11/10/2017. (Michel, G.)

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A PROFESSIONAL CORPORATION
Carl J. Calnero, SBN 117590
Katlyn L. Gregg, SBN 306078
350 University Avenue, Suite 200
Sacramento, California 95825
TEL: [phone]
FAX: [phone]

Attorneys for Defendant,
LAWRENCE BERGER

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UNITED STATES DISTRICT COURT

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IN AND FOR THE EASTERN DISTRICT OF CALIFORNIA
BRANDY COLFESCU,

Case No.: 16-cv-02191-VC

PORTER | SCOTT

350 University Avenue, Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

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Plaintiff,

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v.

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STIPULATED REQUEST FOR ORDER
CHANGING DISCOVERY AND
MOTION DATES SET IN COURT’S
FEBRUARY 7, 2017, ORDER;
[PROPOSED] ORDER AS MODIFIED

LAWRENCE BERGER, Esq., FEDERAL
LAW ENFORCEMENT OFFICERS
ASSOCIATION, INC., a New York
Domestic Not-For-Profit Corporation a.k.a.
FLEOA,

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Complaint Filed: September 14, 2016

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Defendants.
_____________________________________/

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Plaintiff, BRANDY COLFESCU, and Defendants, LAWRENCE BERGER and FEDERAL

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LAW ENFORCEMENT OFFICERS ASSOCIATION, INC., (collectively the “Parties”), by and

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through their attorneys of record, hereby stipulate as follows:

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RECITALS

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A.

The Complaint in this action was filed in September 2016.

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B.

On or around February 2017, the Parties agreed to, and thereafter stipulated to,

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participation in the Eastern District’s Voluntary Dispute Resolution Program (“VDRP”).
C.

On May 18, 2017, this case was referred to VDRP pursuant to this Court’s order.

Bradley Benbrook was chosen by the Parties to act as the mediator for purposes of the VDRP.
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STIPULATED REQUEST FOR ORDER CHANGING DISCOVERY AND MOTION DATES SET IN
COURT’S FEBRUARY 7, 2017, ORDER; [PROPOSED] ORDER

{01705195.DOCX}

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D.

Since that date, the Parties have been working to schedule a date for the VDRP

session to take place. The VDRP session has been scheduled for August 10, 2017.
E.

Because the Parties have agreed to, and will be, participating in the VDRP, the Parties

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have refrained from incurring unnecessary costs on expert witnesses, depositions, and other

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discovery.

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F.

Fact discovery is currently set to be cut off on August 18, 2017. However, the Parties

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wish to continue that date, along with all other discovery and motion dates in order to continue to

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work towards settlement at the VDRP session without incurring unnecessary costs.

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G.

In order to comply with the current deadlines set by the Court, the Parties will

PORTER | SCOTT

potentially be forced to needlessly incur costs in order to ensure that discovery is completed, when

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350 University Avenue, Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

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settlement is possible in just a few weeks.

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H.

As a result of the above, the Parties have agreed to continue all discovery and motion

dates set in the Court’s February 7, 2017, scheduling Order as set forth below.

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STIPULATION

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1.

Fact discovery shall be completed by October 20, 2017.

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2.

The deadline for expert disclosure shall hereby be continued to October 20, 2017.

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3.

The deadline for expert rebuttal shall hereby be continued to November 8, 2017.

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4.

Expert discovery shall be completed by November 29, 2017.

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5.

Dispositive motions shall be filed by December 5, 2017. The Parties must contact

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the Court to obtain a date for a hearing in Sacramento.
IT IS SO STIPULATED.

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Dated: July 27, 2017

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PORTER SCOTT
A PROFESSIONAL CORPORATION

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By: /s/ Katlyn L. Gregg
Carl J. Calnero
Katlyn L. Gregg
Attorneys for Defendant,
LAWRENCE BERGER

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STIPULATED REQUEST FOR ORDER CHANGING DISCOVERY AND MOTION DATES SET IN
COURT’S FEBRUARY 7, 2017, ORDER; [PROPOSED] ORDER

{01705195.DOCX}

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Dated: July 27, 2017

JACOBSON LAW FIRM

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By: /s/ Jeffrey H. Jacobson
Jeffrey H. Jacobson
Attorney for Defendant,
FEDERAL LAW ENFORCEMENT OFFICERS
ASSOCIATION, INC., a New York Domestic Not-ForProfit Corporation a.k.a. FLEOA

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Dated: July 27, 2017

LAW OFFICES OF GARY W. GORSKI

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By: /s/ Gary W. Gorski
Gary W. Gorski
Attorney for Plaintiff

PORTER | SCOTT

350 University Avenue, Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

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STIPULATED REQUEST FOR ORDER CHANGING DISCOVERY AND MOTION DATES SET IN
COURT’S FEBRUARY 7, 2017, ORDER; [PROPOSED] ORDER

{01705195.DOCX}

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[PROPOSED] ORDER

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1.

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4.

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AS MODIFIED
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Fact discovery shall be completed by October 20, 2017.

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The deadline for expert disclosure shall hereby be continued to October 20, 2017.
October 20
The deadline for expert rebuttal shall hereby be continued to November 8, 2017.
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Expert discovery shall be completed by November 29, 2017.

Dispositive motions shall be filed by December 5, 2017. The Parties must contact
November 10
the Court to obtain a date for a hearing in Sacramento.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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hhabr ia

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ince C
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ERED
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UNIT
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RT

PORTER | SCOTT

United States District Court Judge

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NO

350 University Avenue, Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

July 31, 2017
Dated: ____________________

RT
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STIPULATED REQUEST FOR ORDER CHANGING DISCOVERY AND MOTION DATES SET IN
COURT’S FEBRUARY 7, 2017, ORDER; [PROPOSED] ORDER

{01705195.DOCX}