Munshower v. United States of America

Filing 24

STIPULATION and ORDER signed by District Judge John A. Mendez on 12/28/17: Discovery cutoff: 4/30/2018. Dispositive Motions filing: 5/22/2018. Dispositive hearing: 6/19/2018 at 1:30 p.m. Joint pretrial statement due: 8/10/18. Final Pretrial Conference: 8/17/2018 at 11:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. Bench Trial: 9/24/2018 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Kaminski, H)

1 PHILLIP A. TALBERT
United States Attorney
2 CHI SOO KIM
Assistant United States Attorney
3 501 I Street, Suite 10-100
Sacramento, California 95814
4 Telephone: [phone]
5 Attorneys for Defendant United States of America
6 NICHOLAS J. MASTRANGELO, ESQ. (Cal. Bar No. 160495)
MASTRANGELO LAW OFFICES
7 A Professional Corporation
Two Theatre Square, Suite 234
8 Orinda, CA 94553
Telephone: [phone]
9 Telefax: [phone]
10 Attorneys for Plaintiff Judy Munshower
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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA
JUDY MUNSHOWER,

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Plaintiff,

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Case No. 2:16-CV-02386-JAM-EFB
STIPULATION AND ORDER TO EXTEND
PRETRIAL SCHEDULE DEADLINES

v.
UNITED STATES OF AMERICA,

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Defendant.

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IT IS HEREBY STIPULATED by and between the parties, through their respective undersigned

21 attorneys, and upon the Court’s approval, that the dates set forth in the July 19, 2017 Stipulated Order
22 [ECF No. 15] be extended as follows:
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Discovery cutoff:

April 30, 2018

(from January 31, 2018)

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Dispositive motion filing:

May 29, 2018

(from March 13, 2018)

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Dispositive hearing:

June 26, 2018

(from April 10, 2018)

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Joint pretrial statement due: August 7, 2018

(from May 18, 2018)

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Final pretrial conference:

August 14, 2018

(from May 25, 2018)

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Trial:

September 24, 2018 (from July 9, 2018)

Stipulation and [Proposed] Order to Extend Pretrial Schedule
Deadlines

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1 In all other respects, the December 14, 2016 Status (Pretrial Scheduling) Order shall remain in effect.
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There are three current lawsuits arising out of the same June 2013 incident at issue in this

3 underlying lawsuit: (1) a state court case (Munshower v. City of Lodi) filed in July 2014 that is
4 scheduled for a March 5, 2018 trial; (2) this underlying lawsuit, Munshower v. United States; and (3) a
5 related case, City of Lodi v. United States, No. 2:16-cv-2633 JAM-EFB (E.D. Cal.).
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There is good cause to modify the pretrial schedule because counsel for the United States,

7 Assistant United States Attorney Bobbie Montoya, is retiring and December 22, 2017 is her last day in
8 the office. Undersigned defense counsel, who first appeared in the case on December 13, 2017 will be
9 taking over the representation of the United States in both federal cases. Before discovery closes,
10 undersigned defense counsel needs time to adequately review the file, which is voluminous and includes
11 extensive discovery in the state court case, including thousands of pages of written discovery and
12 approximately 20 deposition transcripts with multiple additional depositions already noticed for January
13 2018. In addition, undersigned defense counsel is traveling out of state beginning December 24, 2017
14 and returning to the office on January 8, 2018 and promptly informed all parties of her unavailability
15 upon inheriting these cases.
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In addition, Plaintiff’s state court case against the City of Lodi is scheduled for a jury trial

17 beginning March 5, 2018 and Plaintiff’s counsel will be engaged in active discovery, motion practice,
18 and trial preparation through mid-late March 2018. Finally, the resolution of Plaintiff’s state court case
19 may affect whether both federal cases proceed and extending the above dates may conserve the
20 resources of the parties and the Court.
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As a result, the parties respectfully stipulate and request that the pretrial deadlines be extended as

22 outlined above. IT IS SO STIPULATED.
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Respectfully submitted,
PHILLIP A. TALBERT
United States Attorney

DATED: December 22, 2017

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/s/ Chi Soo Kim

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CHI SOO KIM
Assistant United States Attorney

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Attorneys for Defendant United States

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Stipulation and [Proposed] Order to Extend Pretrial Schedule
Deadlines

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MASTRANGELO LAW OFFICES

2 DATED: December 27, 2017

/s/ Nicholas J. Mastrangelo (auth’d 12/27/17)

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NICHOLAS J. MASTRANGELO

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Attorney for Plaintiff Judy Munshower

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ORDER (AS MODIFIED BY THE COURT)

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Finding good cause, the foregoing stipulation between the parties is hereby APPROVED. The

9 deadlines set forth in the July 19, 2017 Stipulated Order [ECF No. 15] are extended as follows:
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Discovery cutoff:

April 30, 2018

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Dispositive motion filing:

May 22, 2018

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Dispositive hearing:

June 19, 2018 at 1:30 p.m.

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Joint pretrial statement due: August 10, 2018

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Final pretrial conference:

August 17, 2018 at 11:00 a.m.

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Court Trial:

September 24, 2018 at 9:00 a.m.

16 In all other respects, the scheduling set forth in the December 14, 2016, Status (Pretrial Scheduling)
17 Order and all of its other provisions shall remain in full force and effect.
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IT IS SO ORDERED.

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21 DATED: 12/28/2017
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/s/ John A. Mendez______________
JOHN A. MENDEZ
United States District Court Judge

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Stipulation and [Proposed] Order to Extend Pretrial Schedule
Deadlines

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