L.F., et al v. City of Stockton, et al

Filing 55

STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 1/21/19 EXTENDING the 1/21/19 General Discovery Deadline to 2/15/19. (Coll, A)

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MAYALL, HURLEY, P.C.
A Professional Corporation
2453 Grand Canal Boulevard, Second Floor
Stockton, California 95207-8253
Telephone [phone]
MARK E. BERRY, ESQ.
CA State Bar No. 155091

Attorneys for Defendants,
CITY OF STOCKTON;
STOCKTON POLICE DEPARTMENT;
ERIC T. JONES; and
DAVID WELLS

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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
L.F., A MINOR, BY AND THROUGH
) No. 2:17-CV-01648-KJM-DB
DANISHA BROWN, AND K.F., A MINOR, )
BY AND THROUGH DANISHA BROWN, ) STIPULATION AND ORDER FOR
) PARTIAL MODIFICATION OF
Plaintiffs,
) SCHEDULING ORDER
vs.
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CITY OF STOCKTON, STOCKTON
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POLICE DEPARTMENT ; ERIC T.
)
JONES ; DAVID WELLS, et al.,
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Defendants.
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M.C.F., by and through his Guardian ad
Litem ELIZABETH CASAS BAUTISTA,
individually and as successor-in-interest to
Decedent COLBY FRIDAY; K.S.F., by and
through her Guardian ad Litem,
ELIZABETH CASAS BAUTISTA,
individually and as successor-in-interest to
Decedent COLBY FRIDAY; THE ESTATE
OF COLBY FRIDAY, by and through its
personal representative DENISE FRIDAY
HALL,
Plaintiffs,
vs.
CITY OF STOCKTON, STOCKTON
POLICE DEPARTMENT ; ERIC T.
JONES ; DAVID WELLS, et al.,
Defendants.

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) No. 2:17-CV-02038-KJM-DB
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Pursuant to Federal Rules of Civil Procedure Rule 16(b)(4), and Section XI of the Status

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(Pre-trial) Scheduling Order issued by United States District Judge Kimberly J. Mueller on October

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10, 2018 (the “Scheduling Order”), (ECF 37.) Plaintiff M.C.F., by and through his appointed

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Guardian ad Litem Dr. Arthur Hall- individually and as successor-in-interest to Decedent COLBY

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FRIDAY; K.S.F., by and through her Guardian ad Litem, Dr. Arthur Hall, individually and as
successor-in-interest to Decedent COLBY FRIDAY; THE ESTATE OF COLBY FRIDAY, by and

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through its personal representative Denise Hall and Defendants, CITY OF STOCKTON;
STOCKTON POLICE DEPARTMENT; ERIC T. JONES; and DAVID WELLS (collectively

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“Defendants”), by and through undersigned counsel, hereby jointly stipulate and move to modify

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the Scheduling Order for good cause as follows:

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1.

Pursuant to the Scheduling Order, the cut-off for general discovery is January 21,

2018. There is no trial date yet set in this matter.

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2.

The deposition of the minor plaintiffs’ Guardian Ad Litem, Dr. Arthur Hall was

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originally scheduled for December 21, 2018.
At the request of the plaintiffs’ attorney the deposition of Dr. Hall was continued to

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3.

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January 8, 2019.

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4.

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On January 7, 2019 the plaintiffs’ attorney advised the Dr. Hall was unavailable for

his deposition and requested that it be reset.
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After meet and confer efforts the deposition of Dr. Hall was again reset for February

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1, 2019.
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6.

As a result of Dr. Hall’s unavailability to present for his deposition until February 1,

2019 the parties request that the discovery closure date be extended to February 15, 2019.
7.

This stipulation is intended to apply only to the portion of the case formally known

as MCF v. City of Stockton Case No. 2:17-CV-02038-KJM-DB.
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STIPULATION FOR PARTIAL MODIFICATION OF SCHEDULING ORDER Page 2

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IT IS RESPECTFULLY REQUESTED AND SO STIPULATED.

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LAW OFFICE OF JOHN L. BURRIS

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DATED: January 17, 2019

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/s/ Lateef H. Gray, Esq (as authorized 1/17/19)
LATEEF H. GRAY, ESQ.
ATTORNEYS FOR PLAINTIFF

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MAYALL HURLEY PC

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DATED: January 17, 2019

___/s/ Mark E. Berry, Esq._______
MARK E. BERRY
ATTORNEYS FOR DEFENDANTS CITY OF
STOCKTON; STOCKTON POLICE
DEPARTMENT; ERIC T. JONES; and DAVID
WELLS

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STIPULATION FOR PARTIAL MODIFICATION OF SCHEDULING ORDER Page 3

ORDER

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The Court, having considered the parties’ Joint Stipulation and Request to Modify

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Scheduling Order, and good cause appearing therefore, hereby modifies the Scheduling Order as

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follows:

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Event
General Discovery Deadline

Existing Date
January 21, 2019

New Date
February 15, 2019

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Dated: January 21, 2019

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DLB:6
DB\orders\orders.civil\l.f.1648.stip.sched.ord

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STIPULATION FOR PARTIAL MODIFICATION OF SCHEDULING ORDER Page 4