Duarte et al v. Stockton City et al

Filing 23

STIPULATION and ORDER signed by Senior District Judge Morrison C. England, Jr. on 12/30/2019. The Initial Scheduling Order is modified as follows: Non-Expert Discovery 3/31/2020, Expert Witness Disclosure 5/29/2020, Rebuttal Witness Disclosure 6/30/2020 and Dispositive Motion Filing Deadline 8/28/2020. (Deutsch, S)

1 DALE L. ALLEN, JR., State Bar No. 145279
[e-mail]
2 PATRICK MORIARTY, State Bar No. 213185
[e-mail]
3 ALLEN, GLAESSNER, HAZELWOOD &
WERTH, LLP
4 180 Montgomery Street, Suite 1200
San Francisco, CA 94104
5 T: [phone] | F: [phone]

STEPHANIE Y. WU, SBN 268948
Deputy City Attorney
OFFICE OF THE CITY ATTORNEY,
CITY OF STOCKTON
425 N. El Dorado Street, 2nd Floor
Stockton, California 95202
T: [phone] | F: [phone]
[e-mail]

6 Attorneys for Defendants,
7 CITY OF STOCKTON, STOCKTON POLICE
DEPARTMENT, ERIC JONES, KEVIN JAYE
8 HACHLER, ERIC B. HOWARD, MICHAEL
GANDY, CONNER NELSON, and SGT.
9 UNDERWOOD
10
YOLANDA HUANG, State Bar No. 104543
11 [e-mail]
LAW OFFICE OF YOLANDA HUANG
12 P.O. Box 5475
Berkeley, CA 94705
13 Telephone:
[phone]
Facsimile:
[phone]
14
Attorneys for Plaintiffs,
15 FRANCISCO DUARTE and ALEJANDRO
GUTIERREZ
16
17

UNITED STATES DISTRICT COURT

18

EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

19
20 FRANCISCO DUARTE and ALEJANDRO
GUTIERREZ,
21
Plaintiffs,
22
v.
23
CITY OF STOCKTON, STOCKTON
24 POLICE DEPARTMENT, ERIC JONES,
KEVIN JAYE HACHLER, ERIC B.
25 HOWARD, MICHAEL GANDY, CONNER
NELSON, and SGT. UNDERWOOD; and
26 Does 1-50,
27

Case No. 2:19-cv-00007-MCE-CKD
STIPULATION AND ORDER TO AMEND
SCHEDULING ORDER

Defendants.

28

STIPULATION AND [PROPOSED] ORDER TO AMEND SCHEDULING ORDER

1
2

STIPULATION
1.

Allen, Glaessner, Hazelwood & Werth, LLP is and has been counsel of record for

3 Defendants during the entire course of this action.
4

2.

Allen, Glaessner, Hazelwood & Werth, LLP will be transferring this matter and its

5 files relating to this action to the City of Stockton’s Office of the City Attorney to directly defend
6 and handle internally.
7

3.

Attorney Stephanie Wu just commenced her employment with the City of Stockton

8 as a Deputy City Attorney on November 18, 2019 and will be substituting into this action as
9 attorneys for Defendants. Attorney Wu will be out of the country on a pre-planned, prepaid vacation
10 from December 20, 2019 through January 7, 2020.
11

4.

The pleadings in this action are not yet settled as Plaintiffs filed a First Amended

12 Complaint in this action on November 13, 2019 and Defendants have now filed a motion to dismiss,
13 which is pending before this Court.
14

5.

The parties are still in the process of completing fact discovery in this matter.

15 Defendants have propounded their first set of written discovery, the responses to which are due on
16 December 30, 2019. The depositions of Plaintiffs and several defendants have yet to be completed.
17

6.

Based on the initial scheduling order, fact discovery in this matter closes on

18 December 31, 2019, expert witness disclosures are due on February 29, 2020, rebuttal expert
19 disclosures are due on March 30, 2020, and the dispositive motion filing deadline is June 29, 2020.
20

7.

In light of the foregoing, the defendants believe good cause exists to modify the

21 scheduling order by extending all pretrial discovery deadlines by three (3) months and the
22 dispositive motion filing deadline by two (2) months. By entering into this stipulation, plaintiffs are
23 not stipulating to good cause for continuance, but do so as a professional courtesy to incoming new
24 counsel. Defendants first initiated discovery on November 27, 2019.
25

8.

If the Court does not sign an order by December 31, 2019, which is the current date

26 for fact discovery cut-off, to extend the dates as stated herein under paragraph 6, then plaintiffs
27 stipulation is withdrawn.
28
2
STIPULATION AND ORDER TO AMEND SCHEDULING ORDER

1 Dated: December 3, 2019

ALLEN, GLAESSNER, HAZELWOOD &
WERTH, LLP

2
3

By:

/s/ PATRICK MORIARTY
(as authorized on 12/3/19)

4

Patrick Moriarty
Attorneys for Defendants,
CITY OF STOCKTON, STOCKTON POLICE
DEPARTMENT, ERIC JONES, KEVIN JAYE
HACHLER, ERIC B. HOWARD, MICHAEL
GANDY, CONNER NELSON, and SGT.
UNDERWOOD

5
6
7
8
9 Dated: December 9, 2019
10

OFFICE OF THE CITY ATTORNEY
CITY OF STOCKTON

11
/s/ STEPHANIE Y WU
Stephanie Y. Wu
Attorneys for Defendants,
CITY OF STOCKTON, STOCKTON POLICE
DEPARTMENT, ERIC JONES, KEVIN JAYE
HACHLER, ERIC B. HOWARD, MICHAEL
GANDY, CONNER NELSON, and SGT.
UNDERWOOD

By:

12
13
14
15
16
17 Dated: December 9, 2019

LAW OFFICE OF YOLANDA HUANG

18
19
20
21

By:

/s/ YOLANDA HUANG
(as authorized on 12/9/19)

Yolanda Huang
Attorneys for Plaintiffs,
FRANCISCO DUARTE and ALEJANDRO
GUTIERREZ

22
23
24
25
26
27
28
3
STIPULATION AND ORDER TO AMEND SCHEDULING ORDER

1
2

ORDER
Pursuant to the stipulation of the parties and finding good cause therefor, IT IS HEREBY

3 ORDERED that the initial scheduling order shall be modified as follows:
4
5
6
7
8
9

Non-Expert Discovery
Cutoff
Expert Witness Disclosure
Rebuttal Witness Disclosure
Dispositive Motion Filing
Deadline

INITIAL DEADLINE
December 31, 2019

MODIFIED DEADLINE
March 31, 2020

February 29, 2020
March 30, 2020
June 28, 2020

May 29, 2020
June 30, 2020
August 28, 2020

IT IS SO ORDERED.

10
11

DATED: December 30, 2019

12
13
14
15

_______________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

16
17
18
19
20
21
22
23
24
25
26
27
28
4
STIPULATION AND ORDER TO AMEND SCHEDULING ORDER