Demarest v. The City of Vallejo California et al

Filing 46

ORDER signed by Magistrate Judge Kendall J. Newman on 6/14/2018 ORDERING that the deadline for discovery is EXTENDED through 9/14/2018. (Zignago, K.)

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4 Glenn Katon (SBN 281841) KATON.LAW 385 Grand Avenue, Suite 200 Oakland, CA 94610 Telephone: (510) 463-3350 Facsimile: (510) 463-3349 Email: gkaton@katon.law 5 Attorney for Plaintiff David P. Demarest 1 2 3 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 David P. Demarest, Plaintiff, 13 14 15 16 Case No. 2:16-cv-02271-MCE-KJN NOTICE OF MOTION AND STIPULATED MOTION TO EXTEND TIME TO COMPLETE DISCOVERY v. City of Vallejo, California, et al. Hearing Date: July 26, 2018 Defendants. 17 18 19 20 21 Plaintiff and Defendants file this stipulated motion pursuant to Federal Rule of Civil Procedure 6(b)(1)(A), to extend the time within which to complete discovery, based upon the following: This Court’s December 19, 2017 Scheduling Order (Dkt 19) sets a deadline of August 9, 2018 22 for the parties to complete discovery. Order at 3:20. Plaintiff was proceeding in the case pro se until 23 undersigned counsel filed a Notice of Appearance on May 15, 2018 (Dkt 39). While Plaintiff was 24 proceeding pro se he did not conduct any discovery apart from making the required initial disclosures. 25 Plaintiff’s counsel has not had sufficient time to gain a thorough understanding of the facts, propound 26 written discovery, find rebuttal experts, and notice depositions to complete discovery within the 27 current deadline. Counsel for Defendants agrees that the additional time for discovery will assist the 28 2:16-cv-02271-MCE-KJN Page 1 NOTICE OF MOTION AND STIPULATED MOTION TO EXTEND TIME TO COMPLETE DISCOVERY 1 2 3 4 parties in preparing the case for trial. Accordingly, the parties move the court to extend the time within which to complete discovery until September 14, 2018. Such extension should not interfere with the March 5, 2019 trial setting, and will leave adequate time for the filing and consideration of dispositive motions. 5 6 7 8 9 Dated: June 7, 2018 Respectfully submitted, KATON LAW CITY OF VALLEJO, CITY ATTORNEY'S OFFICE /s/ Glenn Katon Glenn Katon Attorney for Plaintiff David P. Demarest /s/ Katelyn M. Knight Katelyn M. Knight Attorneys for Defendants CITY OF VALLEJO, OFFICER JODI BROWN 10 11 12 13 14 15 ORDER 16 17 18 19 20 21 22 Pursuant to the stipulation of the parties, the deadline for discovery is extended through September 14, 2018. All other provisions of the Court’s December 19, 2017 Scheduling Order remain in full force and effect. IT IS SO ORDERED. Dated: June 14, 2018 23 24 25 26 27 28 2:16-cv-02271-MCE-KJN Page 2 NOTICE OF MOTION AND STIPULATED MOTION TO EXTEND TIME TO COMPLETE DISCOVERY

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