Duarte et al v. Stockton City et al

Filing 34

ORDER signed by Senior Judge Morrison C. England, Jr. on 4/28/2020 ORDERING Non-Expert Discovery due by 6/5/2020. Disclosure of Expert Witnesses due by 8/7/2020, any Rebuttal by 9/4/2020, and Dispositive Motions filed by 11/6/2020.(Reader, L)

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1 2 3 4 JOHN M. LUEBBERKE, City Attorney State Bar No. 164893 JAMIL GHANNAM, Deputy City Attorney State Bar No. 300730 425 N. El Dorado Street, 2nd Floor Stockton, CA 95202 Telephone: (209) 937-8333 Facsimile: (209) 937-8898 5 6 7 Attorneys for Defendants CITY OF STOCKTON, STOCKTON POLICE DEPARTMENT, ERIC JONES, KEVIN JAYE HACHLER, ERIC B. HOWARD, MICHAEL GANDY, CONNER NELSON, and SGT. UNDERWOOD 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 FRANCISCO DUARTE AND ALEJANDRO GUTIERREZ, 11 12 Plaintiffs, 13 vs. 14 CITY OF STOCKTON, et al., 15 Defendants. ) ) ) ) ) ) ) ) ) ) ) Case No. 2:19-cv-00007-MCE-CKD STIPULATION AND ORDER TO AMEND PRE-TRIAL DISCOVERY/SCHEDULING ORDER AT DOC. 32 16 17 18 The coronavirus (COVID-19) pandemic has been declared a regional and national health emergency. Courts are necessarily reducing activities, limiting public access and delaying trials. 19 As of this stipulation numerous counties in California, including San Francisco, Alameda, 20 San Joaquin and Sacramento County, and the State of California have issued public health orders 21 22 pursuant to Cal. Health and Safety Code, § 120295, et seq. (see e.g., Executive Order N-33-20,1 Order of San Joaquin County Public Health Officer2) requiring the public to shelter in place. 23 24 Numerous non-essential businesses, including that of court reporters, have been ordered to suspend operation. Prior to the issuance of these public health orders the parties noticed depositions in this 25 26 matter. Plaintiffs’ deposition for the Person Most Knowledgeable on behalf of defendant City of Stockton on the operation and use of police body worn cameras, was originally calendared for 27 28 1 2 https://covid19.ca.gov/img/Executive-Order-N-33-20.pdf https://www.sjgov.org/WorkArea/DownloadAsset.aspx?id=32463 1 STIPULATION AND PROPOSED ORDER TO AMEND PRE-TRIAL DISCOVERY/SCHEDULING ORDER AT DOC. 32 1 March 24, 2020 and had been tentatively continued to April 21, 2020. Defendants’ noticed 2 depositions to complete the deposition of Plaintiff Alejandro Gutierrez and conduct the deposition 3 4 5 6 of Plaintiff Francisco Duarte, originally calendared for March 26, 2020 were tentatively continued to April 23, 2020. Due to the continued imposition of shelter in place orders, closing of nonessential businesses and recommended social distancing to curb the spread of the COVID-19 pandemic, conducting these depositions is not reasonably practicable in light of these governmental health and safety orders. 7 Due to the COVID-19 pandemic, the parties previously had to extend the discovery 8 deadlines in this matter. (See Docs. 31, 32.) In light of the foregoing and continued conditions due 9 to the COVID-19 pandemic, the parties believe that there is good cause to extend all pretrial 10 11 discovery by as follows for the purpose of completing the above depositions: 14 Non-Expert Discovery Cutoff Expert Witness Disclosure Rebuttal Witness Disclosure Dispositive Motion Filing Deadline 15 CURRENT DEADLINE May 1, 2020 MODIFIED DEADLINE June 5, 2020 July 3, 2020 July 31, 2020 October 2, 2020 August 7, 2020 September 4, 2020 November 6, 2020 Respectfully submitted 12 13 16 Dated: April 20, 2020 17 18 JOHN M. LUEBBERKE CITY ATTORNEY BY 19 20 21 22 /s/ Jamil R. Ghannam JAMIL GHANNAM DEPUTY CITY ATTORNEY Attorneys for Defendants CITY OF STOCKTON, STOCKTON POLICE DEPARTMENT, ERIC JONES, KEVIN JAYE HACHLER, ERIC B. HOWARD, MICHAEL GANDY, CONNER NELSON, and SGT. UNDERWOOD 23 24 25 26 27 Dated: April 20, 2020 LAW OFFICE OF YOLANDA HUANG By: /s/ Yoland Huang as authorized April 20, 2020 YOLANDA HUANG Attorneys for Plaintiffs FRANCISCO DUARTE and ALEJANDRO GUTIERREZ 28 2 STIPULATION AND PROPOSED ORDER TO AMEND PRE-TRIAL DISCOVERY/SCHEDULING ORDER AT DOC. 32 1 ORDER 2 3 4 Pursuant to the stipulation of the parties and finding good cause therefor, IT IS HEREBY ORDERED that the scheduling order (Doc. 32) shall be modified as follows: 5 6 7 8 9 Non-Expert Discovery Cutoff Expert Witness Disclosure Rebuttal Witness Disclosure Dispositive Motion Filing Deadline CURRENT DEADLINE May 1, 2020 MODIFIED DEADLINE June 5, 2020 July 3, 2020 July 31, 2020 October 2, 2020 August 7, 2020 September 4, 2020 November 6, 2020 10 11 12 IT IS SO ORDERED. Dated: April 28, 2020 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION AND PROPOSED ORDER TO AMEND PRE-TRIAL DISCOVERY/SCHEDULING ORDER AT DOC. 32

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