Raiter v. City of Oroville

Filing 18

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 02/05/2024 MODIFYING 3 Initial Pretrial scheduling Order as follows: Discovery due by 5/17/2024; Expert Disclosures due by 7/18/2024; Supplemental Expert Disclosures due by 08/19/2024; Supplemental Discovery due by 10/14/2024; Dispositive Motions filed by 11/18/2024; Joint Notice of Trial Readiness (if no dispositive motions filed) due by 09/16/2024.(Lopez, K)

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LARRY L. BAUMBACH
SBN 50086
Law Office of Larry L. Baumbach
2531 Forest Ave., Ste 100
Chico, California 95928
Telephone: [phone]
Fax: [phone]
ANIL PAI
SBN 234189
Pai Law Firm
2531 Forest Ave., Ste 100
Chico, California 95928
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiff
ROBERT RAITER

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CAROLEE G. KILDUFF, S.B. #107232
Email: [e-mail]
WILLIAM J. BITTNER, S.B. #292056
Email: [e-mail]
ANGELO, KILDAY & KILDUFF, LLP
Attorneys at Law
601 University Avenue, Suite 150
Sacramento, CA 95825

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Telecopier: [phone]

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Telephone: [phone]

Attorneys for Defendant CITY OF OROVILLE

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT RAITER,

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Case No.: 2:22-cv-00530-TLN-DB
Plaintiff,

vs.
CITY OF OROVILLE, and DOES 1 through
50, inclusive.

STIPULATION AND ORDER MODIFYING
INITIAL PRETRIAL SCHEDULING
ORDER
Judge: Hon. Troy L. Nunley

Defendants,

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1STIPULATION AND ORDER MODIFYING INITIAL PRETRIAL SCHEDULING ORDER

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Plaintiff ROBERT RAITER (“Plaintiff”) and Defendant CITY OF OROVILLE (“Defendant”)

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and (collectively, the “parties”), by and through their respective attorneys of record, and pursuant to

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Federal Rules of Civil Procedure (“Rule”) 16(b)(4) and Local Rules 143 and 144(d) of the United

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States District Court for the Eastern District of California, hereby stipulated and agree as follows:
WHEREAS, on March 22, 2023, the Court issued its Initial Pretrial Scheduling Order (Dkt.

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3);
WHEREAS, Section III of the Initial Pretrial Scheduling Order provides, in part, “All

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discovery, with the exception of expert discovery shall be completed no later than two hundred forty

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(240) days from the date upon which the last answer may be filed with the Court pursuant to the

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Federal Rules of Civil Procedure”;
WHEREAS, Section IX of the Initial Pretrial Scheduling Order provides, in part, “The

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parties are reminded that pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, the Initial

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Pretrial Scheduling Order shall not be modified except by leave of court upon a showing of good

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cause”;

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WHEREAS, in accordance with the Initial Pretrial Scheduling Order initial disclosure of

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expert witnesses was set for March 18, 2024; designation of supplemental expert witnesses was set for

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no later than April 17, 2024;

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WHEREAS, in accordance with the Initial Pretrial Scheduling Order and the Joint Report, the
last day to file dispositive motions was set for July 15, 2024;
WHEREAS, the Parties have engaged in initial written discovery and are in the process of
scheduling depositions;
WHEREAS, in managing this case alongside a similar case, Plaintiff inadvertently confused

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the deadlines for each, leading to miscalendaring of discovery dates in this matter. This error was not

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realized until a recent review of the case timelines, highlighting the need for an adjustment to the

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pretrial schedule;

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2STIPULATION AND ORDER MODIFYING INITIAL PRETRIAL SCHEDULING ORDER

WHEREAS, upon recognizing this discrepancy, the Plaintiff's counsel has taken immediate

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steps to rectify the situation and seeks the Court's understanding and cooperation in rescheduling the
pretrial deadlines to ensure proper and thorough preparation for the upcoming proceedings.
WHEREAS, the Parties believe additional time to complete fact and expert discovery is

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necessary for a full and fair prosecution of this matter; and

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WHEREAS, this is the first request for continuance of deadlines made by the Parties;

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WHEREAS, the parties agree that good cause exists to amend the Initial Pretrial Scheduling

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Order;
NOW, THEREFORE, the parties through their respective counsel, jointly propose and
stipulate to the following:
The deadlines set forth in the Court’s March 22, 2022, Initial Pretrial Scheduling Order and

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the Joint Report shall be continued four (4) months, or set on such other dates as the Court

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determines, as follows:

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Event

Current Deadline

Proposed New Deadline

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Discovery Cut-Off

January 17, 2024

May 17, 2024

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Expert Disclosures

March 18, 2024

July 18, 2024

Supplemental Expert Disclosures

April 17, 2024

August 19, 2024

Supplemental Discovery

June 14, 2024

October, 14, 2024

Dispositive Motions

July 15, 2024

November 18, 2024

Joint Notice of Trial Readiness
(if no dispositive motions filed)

May 16, 2024

September 16, 2024

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IT IS SO STIPULATED.
Dated: February 5, 2024

LAW OFFICES OF LARRY L. BAUMBACH

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By:

/s/ Larry L. Baumbach
Larry L. Baumbach
Attorneys for Plaintiff
ROBERT RAITER

3STIPULATION AND ORDER MODIFYING INITIAL PRETRIAL SCHEDULING ORDER

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Dated:

ANGELO, KILDAY & KILDUFF, LLP

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/s/ Carolee G. Kilduff
By:_________________________________
CAROLEE G. KILDUFF
WILLIAM J. BITTNER
Attorneys for Defendant CITY OF OROVILLE

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Under Eastern District of California Civil Local Rule 131(e) (Fed. R. Civ. P. 7), I attest that I
obtained concurrence in the filing of this document from all of the above signatories.

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Dated: February 5, 2024

LAW OFFICES OF LARRY L. BAUMBACH

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By:

/s/ Larry L. Baumbach
Larry L. Baumbach
Attorneys for Plaintiff
ROBERT RAITER

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4STIPULATION AND ORDER MODIFYING INITIAL PRETRIAL SCHEDULING ORDER

ORDER

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For good cause shown, and pursuant to the Stipulation of the parties, the deadlines in the

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Court’s March 22, 2022 Initial Pretrial Scheduling Order and the Joint Report shall be continued four

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(4) months, or set on such other dates as the Court determines, as follows:

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Event

Current Deadline

New Deadline

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Discovery Cut-Off

January 17, 2024

May 17, 2024

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Expert Disclosures

March 18, 2024

July 18, 2024

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Supplemental Expert Disclosures

April 17, 2024

August 19, 2024

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Supplemental Discovery

June 14, 2024

October, 14, 2024

Dispositive Motions

July 15, 2024

November 18, 2024

Joint Notice of Trial Readiness
(if no dispositive motions filed)

May 16, 2024

September 16, 2024

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IT IS SO ORDERED.
Dated: February 5, 2024

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Troy L. Nunley
United States District Judge

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5STIPULATION AND ORDER MODIFYING INITIAL PRETRIAL SCHEDULING ORDER