Bahari v. County of San Joaquin

Filing 16

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 9/7/2021 AMENDING the Pre-Trial Scheduling Order as follows: Non-Expert Discovery completed by 6/13/2022. Designation of Expert Witnesses due by 8/18/2022. Rebuttal Expert Witnesses due by 9/16/2022. Expert Discovery completed by 9/30/2022. Dispositive Motions heard by 8/19/2022. (Coll, A)

Case 2:19-cv-01023-KJM-DB Document 16 Filed 09/07/21 Page 1 of 4

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A PROFESSIONAL CORPORATION
Carl L. Fessenden, SBN 161494
David R. Norton, SBN 291448
Larissa C. Celaya, SBN 332882
350 University Avenue, Suite 200
Sacramento, California 95825
TEL: [phone]
FAX: [phone]
EMAIL: [e-mail]
[e-mail]
[e-mail]

Attorneys for Defendant
COUNTY OF SAN JOAQUIN

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UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF CALIFORNIA

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ABBAS BAHARI,

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Case No. 2:19-cv-01023-KJM-DB

Plaintiff,
JOINT STIPULATION TO MODIFY PRETRIAL SCHEDULING ORDER AND
ORDER

v.
COUNTY OF SAN JOAQUIN; and DOES 1
through 50, inclusive,
Defendants.
___________________________________/

Complaint Filed: June 5, 2019

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This Stipulation is entered into by and between Plaintiff ABBAS BAHARI (“Plaintiff”) and

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Defendant COUNTY OF SAN JOAQUIN (“Defendant”) (collectively, “The Parties”) by and through

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their respective counsel. The Parties enter into this stipulation and proposed order in compliance with the

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Federal Rule of Civil Procedure 16(b) and the requirements of the scheduling order. The parties request

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to continue non-expert and expert discovery deadlines as well as the dispositive motion hearing deadlines

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by six months.

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WHEREAS, this case does not currently have a trial date;

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WHEREAS, the current deadline for non-expert discovery is December 13, 2021, the current

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deadline for expert discovery is April 1, 2022, and the last day to hear dispositive motions is February 11,
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JOINT STIPULATION TO MODIFY PRE-TRIAL SCHEDULING ORDER AND ORDER

Case 2:19-cv-01023-KJM-DB Document 16 Filed 09/07/21 Page 2 of 4

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2022.

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WHEREAS, the parties have diligently conducted discovery, including exchanging written

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discovery and conducting several partial depositions of Plaintiff and other key witnesses for the County

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of San Joaquin. These depositions still need to be completed and depositions of other third party witnesses

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still need to be conducted.

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WHEREAS, the parties recently engaged in mediation with mediator Jeffery Owensby. The

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parties are in continuing, good faith settlement negotiations through Mr. Owensby which will potentially

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resolve the case.

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WHEREAS, continued negotiations require certain board approvals by the County Board of
Supervisors and the County’s insurers.

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WHEREAS, the board approval meetings which are necessary for continued good faith settlement
negotiations are unable to be scheduled until September/October 2021.

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WHEREAS, the parties agree that an additional six-month continuance would permit the parties

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enough time to engage in meaningful settlement negotiations prior to the parties having to expend a

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significant amount of costs completing discovery and preparing a motion for summary judgment;

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WHEREAS, the Parties have conferred and propose the following scheduling amendments:

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Last day to complete non-expert discovery:

June 13, 2022

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Last day to disclose expert witness:

August 18, 2022

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Last day to disclose rebuttal expert witness:

September 16, 2022

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Last day to complete expert discovery:

September 30, 2022

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Last day to hear dispositive motions:

August 11, 2022

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Good cause exists for a six-month continuance of the above deadlines to allow the parties

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sufficient time to explore the possibility of reaching a settlement agreement. Thus, the parties are

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requesting a six-month continuance of the above stated deadlines.

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JOINT STIPULATION TO MODIFY PRE-TRIAL SCHEDULING ORDER AND ORDER

Case 2:19-cv-01023-KJM-DB Document 16 Filed 09/07/21 Page 3 of 4

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IT IS SO STIPULATED.

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Dated: September 6, 2021

PORTER SCOTT
A PROFESSIONAL CORPORATION

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By

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/s/ David R. Norton
Carl L. Fessenden
David R. Norton
Larissa C. Celaya
Attorneys for Defendant

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Dated: September 6, 2021

BOHM LAW GROUP, INC.
By

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/s/ Kelsey K. Ciarimboli (as approved on 08/30/21)
Lawrance A. Bohm
Kelsey K. Ciarimboli
Scott C. Zienty
Attorneys for Plaintiff

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JOINT STIPULATION TO MODIFY PRE-TRIAL SCHEDULING ORDER AND ORDER

Case 2:19-cv-01023-KJM-DB Document 16 Filed 09/07/21 Page 4 of 4

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ORDER

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Based on the stipulation of the parties, and on good cause appearing, the court enters the foregoing

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stipulated scheduling order with one modification. The last day to hear dispositive motions will be

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August 19, 2022, as August 11 is not an available civil law and motion date.

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IT IS SO ORDERED.

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DATED: September 7, 2021.

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JOINT STIPULATION TO MODIFY PRE-TRIAL SCHEDULING ORDER AND ORDER