Reyes v. City of Fairfield et al

Filing 34

STIPULATION and ORDER signed by District Judge John A. Mendez on 6/18/2019 MODIFYING scheduling order: Designation of Expert Witnesses due by 2/3/2020; Discovery shall be completed by 3/20/2020; Dispositive Motions filed by 4/21/2020; Joint pretrial statement filed by 7/17/2020; Final Pretrial Conference set for 7/24/2020 at 10:00 AM; Jury Trial set for 9/14/2020 at 09:00 AM. (Zignago, K.)

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JUSTIN KIRK TABAYOYON, S.B.N. 288957
LAW OFFICES OF JUSTIN KIRK TABAYOYON
1000 North Texas Street, Suite A
Fairfield, CA 94533
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorney for Plaintiff CHRISTIAN REYES

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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CHRISTIAN REYES,

Case No.: 2:18-CV-00883-JAM-DB

Plaintiff,
vs.
CITY OF FAIRFIELD, a municipal entity,
ROBERT MURRAY, an individual, and
DOES 1 through 10, inclusive,

STIPULATION AND ORDER TO MODIFY
STATUS (Pre-Trial Scheduling) ORDER
HONORABLE JOHN A. MENDEZ

Defendants.
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STIPULATION TO MODIFY STATUS (Pre-Trial Scheduling) ORDER
Reyes v. City of Fairfield, et al. Case No.: 2:18-CV-00883-JAM-DB

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I.

OFFER OF GOOD CAUSE FOR REQUESTED CONTINUANCE

Defendants City of Fairfield and Robert Murray acting by and through their attorneys of

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record, and Plaintiff Christian Reyes acting by and through his attorney of record, have met

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and conferred regarding the Status (pre-trial scheduling) Order filed September 6, 2018

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(Document 24) and last amended on March 5, 2019 (Document 32).

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The Plaintiff’s medical records have been requested and are needed by both counsel

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for the Defendant and Plaintiff. The Plaintiff in this matter is alleging extensive injuries

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rendering him a quadriplegic. On information and belief based on representations from his

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client, Plaintiff’s counsel represents Plaintiff has been hospitalized and since the last

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modification to the pre-trial scheduling order generating new and recent medical records of

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importance to both sides in this litigation. Plaintiff’s counsel Both Plaintiff’s counsel and

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Defendant’s counsel are presently awaiting receipt of outstanding and relevant medical

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records of the Defendant. The receipt of all of Defendant’s medical records and the opportunity

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for the parties’ respective experts to review those medical records prior their rendering of an

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opinion and the taking of their expert depositions is imperative to counsel for both the Plaintiff

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and the Defendants.

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Both parties reasonably desire more time to take depositions and have those

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depositions reviewed by their respective experts prior to the disclosure of expert witnesses’

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opinions. Counsel have met and conferred about a deposition schedule given the present

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expert disclosure deadline of August 2, 2019, and discovery cutoff date of September 20,

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2019. Defendant’s counsel, Dale Allen, has a preplanned vacation starting July 12, 2019,

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returning to his office on August 5, 2019. Defendant Officer Robert Murray, a Police Officer

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with the Fairfield Police Department, is presently on leave from duty under the Family Medical

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Leave Act. Counsel for the Plaintiff has a preplanned vacation and various court appearances

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on his calendar prior to the present discovery cutoff, including a civil jury trial in a personal

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injury matter set to begin on August 20, 2019, in the California Superior Court, County of

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Solano. As such, setting a deposition schedule prior to the disclosure of experts and the

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present discovery cutoff date has significant obstacles. Both counsel for Plaintiff and
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STIPULATION TO MODIFY STATUS (Pre-Trial Scheduling) ORDER
Reyes v. City of Fairfield, et al. Case No.: 2:18-CV-00883-JAM-DB

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Defendant believe a modification of the pretrial scheduling order given the presently

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outstanding medical records of the Plaintiff, their respective calendars, and Officer Murray’s

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being on Family Medical Leave is reasonable and appropriate so that their experts will have

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enough time to review all medical records and depositions transcripts prior to rendering their

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opinion for purposes of expert disclosure.

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Based on the foregoing the parties believe the current pretrial schedule is impractical
and respectfully ask the court to approve the following requested stipulated orders.

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II.

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REQUESTED STIPULATED ORDERS

The parties stipulate to and respectfully request the following modifications to the Status
(pre-trial scheduling) Order:

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1. All discovery shall be completed by March 20, 2020.

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2. The parties shall make expert witness disclosures under Fed. R. Civ. P. 26(a)(2) by

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February 3, 2020. Supplemental disclosure and disclosure of any rebuttal experts under

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Fed. R. Civ. P. 26(a)(2)(c) shall be made by February 18, 2020.

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3. All dispositive motions shall be filed by April 21, 2019. Hearings on such motions shall

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be on May 19, 2020, at 1:30 p.m.

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4. The parties shall file with the court a joint pre-trial statement no later than July 17, 2020.

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5. The final pre-trial conference is set for July 24, 2020 at 10:00 a.m.

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6. Jury trial in this matter is set for September 14, 2020 at 9:00 a.m.

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//

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STIPULATION TO MODIFY STATUS (Pre-Trial Scheduling) ORDER
Reyes v. City of Fairfield, et al. Case No.: 2:18-CV-00883-JAM-DB

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Dated: 06/18/2019

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ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP
By:

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Dated: 06/18/2019

/s/ Dale Allen (06/18/2019)
Dale Allen
Attorney for Defendants

LAW OFFICES OF JUSTIN KIRK TABAYOYON

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By:

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/s/ Justin Kirk Tabayoyon_________________
Justin Kirk Tabayoyon
Attorney of Plaintiffs

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ELECTRONIC CASE FILING ATTESTATION
I, Justin Kirk Tabayoyon, am the ECF user whose identification and password are being
used to file the foregoing documents. Pursuant to Civil Local Rule 131(e), I hereby that
concurrence in the filing of these documents has been obtained from each of its Signatories.

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Dated: 06/18/2019

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By:

/s/ Justin Kirk Tabayoyon_________________
Justin Kirk Tabayoyon

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ORDER
Good cause appearing the Stipulation is SO ORDERED.

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Dated: June 18, 2019

/s/ John A. Mendez_________________
JOHN A. MENDEZ
United States District Court Judge

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STIPULATION TO MODIFY STATUS (Pre-Trial Scheduling) ORDER
Reyes v. City of Fairfield, et al. Case No.: 2:18-CV-00883-JAM-DB