Estate of William Hennefer et al v. Yuba County et al

Filing 42

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 05/10/2024 EXTENDING the SCHEDULING ORDER as follows: Non-Expert Discovery & Discovery Motion due by 07/19/2024, Expert Disclosure due by 09/03/2024, Rebuttal Experts Disclosure due by 10/02/2024, Expert Discovery 11/04/2024, and Dispositive Motion Filing Deadline due by 01/23/2025. (Murphy, J)

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Patrick H. Dwyer, SBN 137743
P.O. Box 1705, Penn Valley, CA 95946
Tel: [phone]; Fax: [phone]
Email: [e-mail]
Attorney for Plaintiffs Estate of William Hennefer,
JAH, JUH, WH, NH, and Bianca Hennefer

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

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ESTATE OF WILLIAM HENNEFER, et al.,
Plaintiffs,

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v.

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YUBA COUNTY, CALIFORNIA, et al.,

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Defendants

Case No. 2:22-cv-00389-TLN-CSK
STIPULATION AND ORDER FOR
EXTENSION OF DEADLINES OF THE
COURT’S PRE-TRIAL SCHEDULING
ORDER.
First Amended Complaint
Filed July 21, 2023

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Whereas, the parties filed a Joint Status Report on August 31, 2023 (ECF 28)

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(“JSR”) that set forth proposed deadlines for completion of discovery and the filing of

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dispositive motions for the Court’s Pretrial Scheduling Order. The Court, however, has

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not issued any order regarding the dates proposed in the JSR.
Whereas, the parties have not filed any prior stipulations or motions to extend the
deadlines in the Court’s Pre-Trial Scheduling Order.
Whereas, although the parties have diligently prosecuted the action, a few
discovery matters have arisen that will need some additional time to complete for both

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Plaintiffs and Defendants. At this time, the known discovery that remains to be completed

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after the existing discovery cutoff date are the depositions of the following individuals:

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Sheriff Anderson, Undersheriff Morawcznski,1 Plaintiffs JAH, JUH, and WH, CHP Flight
STIPULATION FOR EXTENSION OF DEADLINES FOR COURT’S PRE-TRIAL SCHEDULING ORDER

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Officer Tyler Sivil, and Defendants Teng Saechao, and Natalie Mullins. The parties do not

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intend to serve additional written discovery or notice further depositions other than the

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foregoing depositions, unless a new source of evidence is revealed in the course of

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completing the foregoing depositions. The parties agree to assist and cooperate with each
other to complete all discovery by the new discovery cutoff date.
Now therefore, the parties hereby submit the following Stipulation and Proposed
Order for new discovery and dispositive motion deadlines in this action.1.
Existing Deadlines

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The JSR had the following deadlines for the Court’s Pretrial Scheduling Order:

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Deadline

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Date for Filing Second Amended Complaint w/o
Motion to Amend the Scheduling Order

April 1, 2024
June 1, 2024

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Non-Expert Discovery Cutoff
Motion Cutoff

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Expert Disclosure Cutoff

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&

Discovery

July 5, 2024

Rebuttal Experts Disclosure Cutoff

August 5, 2025

Expert Discovery Cutoff

September 2, 2024

Dispositive Motion Filing Deadline

November 4, 2024

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STIPULATION FOR EXTENSION OF DEADLINES FOR COURT’S PRE-TRIAL SCHEDULING ORDER

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2.

The parties, by and through their respective counsel who have met and conferred,

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Proposed New Deadlines

hereby Stipulate to the following new deadlines for the Court’s Pre-trial Scheduling Order:

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Deadline

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Date for Filing Second Amended Complaint w/o
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Motion to Amend the Scheduling Order

July 19, 2024

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Non-Expert Discovery Cutoff
Motion Cutoff

July 19, 2024

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Expert Disclosure Cutoff

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&

Discovery

September 2, 2024

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Rebuttal Experts Disclosure Cutoff

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Expert Discovery Cutoff

November 4, 2024

Dispositive Motion Filing Deadline

January 23, 2025

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Date: May 10, 2024

October 2, 2024

Respectfully Submitted,

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By:

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/s/ Patrick H. Dwyer
Patrick H. Dwyer, Attorney for Plaintiffs
Estate of Estate of William Hennefer, JAH,
JUH, WH, NH, and Bianca Hennefer

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Dated: May 10, 2024

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PORTER SCOTT

A PROFESSIONAL CORPORATION

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By _/s/ Matthew W. Gross_________________
Carl L. Fessenden
Matthew W. Gross
Attorneys for Defendants

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The date for Plaintiffs to file a Second Amended Complaint shall not trigger new deadlines for the
reopening of discovery.
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STIPULATION FOR EXTENSION OF DEADLINES FOR COURT’S PRE-TRIAL SCHEDULING ORDER

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ORDER

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The Court, having reviewed the Stipulation of all parties to new deadlines for the
Court’s Pre-trial Scheduling Order in this action, and finding good cause therefore, hereby
adopts the proposed deadlines as follows:
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Plaintiffs shall have until July 19, 2024, to file a Second Amended Complaint
without having to file a motion to amend the Scheduling Order;
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The Non-Expert Discovery & Discovery Motion Cutoff shall be July 19, 2024;

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The Expert Disclosure Cutoff shall be September 3, 2024;

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The Rebuttal Experts Disclosure Cutoff shall be October 2, 2024;

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5.

The Expert Discovery Cutoff shall be November 4, 2024; and

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6.

The Dispositive Motion Filing Deadline shall be January 23, 2025.

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It is So Ordered.
DATED: May 10, 2024

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Troy L. Nunley
United States District Judge

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STIPULATION FOR EXTENSION OF DEADLINES FOR COURT’S PRE-TRIAL SCHEDULING ORDER