Duarte et al v. Stockton City et al

Filing 32

ORDER signed by Senior Judge Morrison C. England, Jr. on 3/23/2020 ORDERING Non-Expert Discovery cut-off by 5/1/2020. Expert Witness Disclosure due by 7/3/2020. Rebuttal Witness Disclosure due by 7/31/2020, and Dispositive Motions filed by 10/2/2020. (Reader, L)

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LAW OFFICE OF YOLANDA HUANG
YOLANDA HUANG, SBN 104543
475 14th Street, Suite 500
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs Francisco Duarte
and Alejandro Gutierrez

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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Case No. 2:19-cv-00007-MCE-CKD

FRANCISCO DUARTE AND ALEJANDRO
GUTIERREZ
Plaintiff,

STIPULATION TO AMEND THE
SCHEDULING ORDER (Dkt. 23); ORDER
THEREON

vs.

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CITY OF STOCKTON, STOCKTON POLICE
DEPARTMENT, ERIC JONES, KEVIN JAYE
HACHLER (1641); ERIC B. HOWARD (2448);
MICHAEL GANDY (2858), CONNER
NELSON (2613), SGT. UNDERWOOD, AND
DOES 1-100.

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Defendants.

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WHEREAS, the coronavirus pandemic is a regional and national health emergency;
WHEREAS courts are reducing activities, limiting public access and delaying trials;
WHEREAS the seven (7) Bay Area counties have issued public health orders (pursuant to
California Health and Safety Code ¶120295, et seq.), requiring the public to shelter in place through
April 7, 2020;
WHEREAS all non-essential businesses, including that of court reporters, have been ordered
to suspend operation;

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STIPULATION FOR MODIFICATION OF SCHEDULING ORDER (Dkt. 23)
Duarte et al v. City of Stockton, et al., United States District Court, Eastern District of California, Case No.2:19-cv-00007-MCE-CKD

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WHEREAS the parties have duly noticed two depositions, plaintiffs’ deposition for the
Person Most Knowledgeable on behalf of defendant City of Stockton on the operation and use of
police body worn cameras, now calendared for March 24, 2020; and defendants’ depositions to
complete the deposition of Plaintiff Alejandro Gutierrez and conduct the deposition of Plaintiff
Francisco Duarte, now calendared for March 26, 2020; and conducting these depositions is not
possible in light of the shelter in place orders;
In light of the foregoing, the parties believe that there is good cause to extend all pretrial
discovery by five (5) weeks as follows:

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

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CURRENT DEADLINE
March 31, 2020
May 29, 2020
June 30, 2020
August 28, 2020

MODIFIED DEADLINE
May 1, 2020
July 3, 2020
July 31, 2020
October 2, 2020

Respectfully submitted,

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Dated: March 17, 2020

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By:

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LAW OFFICE OF YOLANDA HUANG
/s/ Yolanda Huang
YOLANDA HUANG
Attorneys for Defendants
FRANCISCO DUARTE and ALEJANDRO
GUTIERREZ

Dated: March 17, 2020

OFFICE OF THE CITY ATTORNEY
CITY OF STOCKTON

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By:/s/ Jamil Ghannam (as authorized on 3.17.2020)
JAMIL GHANNAM
Attorneys for Defendants,
CITY OF STOCKTON, STOCKTON
POLICE DEPARTMENT, ERIC JONES,
KEVIN JAYE HACHLER, ERIC B.
HOWARD, MICHAEL GANDY, CONNER
NELSON, and SGT. UNDERWOOD

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STIPULATION FOR MODIFICATION OF SCHEDULING ORDER (Dkt. 23)
Duarte et al v. City of Stockton, et al., United States District Court, Eastern District of California, Case No.2:19-cv-00007-MCE-CKD

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ORDER

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Pursuant to the stipulation of the parties and finding good cause therefor, IT IS HEREBY
ORDERED that the scheduling order (Dkt 23) shall be modified as follows:

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

CURRENT DEADLINE
March 31, 2020
May 29, 2020
June 30, 2020
August 28, 2020

MODIFIED DEADLINE
May 1, 2020
July 3, 2020
July 31, 2020
October 2, 2020

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IT IS SO ORDERED.
DATED: March 23, 2020

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

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STIPULATION FOR MODIFICATION OF SCHEDULING ORDER (Dkt. 23)
Duarte et al v. City of Stockton, et al., United States District Court, Eastern District of California, Case No.2:19-cv-00007-MCE-CKD