Duarte et al v. Stockton City et al
Filing
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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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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
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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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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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FRANCISCO DUARTE AND
ALEJANDRO GUTIERREZ,
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Plaintiffs,
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vs.
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CITY OF STOCKTON, et al.,
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Defendants.
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Case No. 2:19-cv-00007-MCE-CKD
STIPULATION AND ORDER TO
AMEND PRE-TRIAL
DISCOVERY/SCHEDULING ORDER
AT DOC. 32
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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.
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As of this stipulation numerous counties in California, including San Francisco, Alameda,
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San Joaquin and Sacramento County, and the State of California have issued public health orders
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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.
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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
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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
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https://covid19.ca.gov/img/Executive-Order-N-33-20.pdf
https://www.sjgov.org/WorkArea/DownloadAsset.aspx?id=32463
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STIPULATION AND PROPOSED ORDER TO AMEND PRE-TRIAL DISCOVERY/SCHEDULING ORDER AT DOC. 32
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March 24, 2020 and had been tentatively continued to April 21, 2020. Defendants’ noticed
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depositions to complete the deposition of Plaintiff Alejandro Gutierrez and conduct the deposition
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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.
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Due to the COVID-19 pandemic, the parties previously had to extend the discovery
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deadlines in this matter. (See Docs. 31, 32.) In light of the foregoing and continued conditions due
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to the COVID-19 pandemic, the parties believe that there is good cause to extend all pretrial
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discovery by as follows for the purpose of completing the above depositions:
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Non-Expert Discovery
Cutoff
Expert Witness Disclosure
Rebuttal Witness Disclosure
Dispositive Motion Filing
Deadline
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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
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Dated: April 20, 2020
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JOHN M. LUEBBERKE
CITY ATTORNEY
BY
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/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
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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
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STIPULATION AND PROPOSED ORDER TO AMEND PRE-TRIAL DISCOVERY/SCHEDULING ORDER AT DOC. 32
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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 (Doc. 32) 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
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
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IT IS SO ORDERED.
Dated: April 28, 2020
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STIPULATION AND PROPOSED ORDER TO AMEND PRE-TRIAL DISCOVERY/SCHEDULING ORDER AT DOC. 32
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