Santos et al v. Wiest
Filing
20
STIPULATION and ORDER signed by District Judge Daniel J. Calabretta on 06/05/2024 AMENDING the Case Schedule as follows: Close of Fact Discovery due by 08/30/2024; Expert Disclosures due by 09/20/2024; Rebuttal Expert Disclosures due by 10/11/2024; Expert Discovery Cut-Off due by 11/08/2024; Last Day to File Dispositive and Daubert Motions due by 12/05/2024; Dispositive Motion Hearing set for 1/9/2025 at 01:30 PM in Courtroom 10 (DJC) before District Judge Daniel J. Calabretta; Pretrial Conference set for 4/10/2025 at 01:30 PM in Courtroom 10 (DJC) before District Judge Daniel J. Calabretta; Jury Trial set for 6/2/2025 at 08:30 AM in Courtroom 10 (DJC) before District Judge Daniel J. Calabretta. (Nair, C)
1
2
3
4
5
6
ATTORNEYS AT LAW
3480 BUSKIRK AVENUE, SUITE 250, PLEASANT HILL, CA 94523
TELEPHONE: (925) 939-5330
McNAMARA, AMBACHER, WHEELER, HIRSIG & GRAY LLP
7
NOAH G. BLECHMAN (State Bar No. 197167)
noah.blechman@mcnamaralaw.com
JOHN J. SWAFFORD (State Bar No. 321174)
John.Swafford@McNamaraLaw.com
MCNAMARA, AMBACHER, WHEELER,
HIRSIG & GRAY LLP
3480 Buskirk Avenue, Suite 250
Pleasant Hill, CA 94523
Telephone: (925) 939-5330
Facsimile: (925) 939-0203
Attorneys for Defendant
Drake Wiest
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
12
13
14
15
16
17
18
19
DIANA SANTOS and EDWARD
CHAVEZ,
Plaintiffs,
Case No. 2:22-cv-01856 DJC-AC
STIPULATION AND ORDER TO AMEND
CASE SCHEDULE
vs.
DRAKE WIEST, in his individual capacity
and in his official capacity as a police
officer for CITY OF FAIRFIELD; and
DOES 1-50, inclusive, individually and in
their official capacities as peace officers for
CITY OF FAIRFIELD, jointly and
severally,
Defendants.
20
All parties, by and through their counsel of record, submit this Stipulation and Proposed
21
Order wherein they stipulate as set forth below hereby move this Court to modify its Scheduling
22
Order, entered on March 28, 2024 (ECF 16). The parties stipulate that good cause exists to amend
23
the operative scheduling order as indicated below.
24
WHEREAS Defendants discovered additional case materials for production to Plaintiffs,
25
including numerous other body worn camera videos and other documentation. As such, in fairness,
26
Defendants had to cancel Plaintiffs’ depositions to afford Plaintiffs’ counsel time to review and
27
analyze the newly received production. As such, the depositions of the Plaintiffs will have to be
28
reset, likely in the latter half of June. In light of this new production, the parties are requesting
STIPULATION AND ORDER TO AMEND CASE
SCHEDULE C22-01856 DJC-AC
1
brief extensions of the key deadlines in this case.
2
3
WHEREAS no party will be prejudiced by the proposed extension below, nor are any key
substantive dates of the Court affected, including no effect to the trial date.
4
WHEREAS the parties have met and conferred and have proposed amending the current
5
Scheduling Order per the dates and deadlines listed below as the parties need more time to complete
6
discovery.
ATTORNEYS AT LAW
3480 BUSKIRK AVENUE, SUITE 250, PLEASANT HILL, CA 94523
TELEPHONE: (925) 939-5330
McNAMARA, AMBACHER, WHEELER, HIRSIG & GRAY LLP
7
WHEREAS the parties propose the following new dates, subject to the Court’s approval.
8
Event
Current Deadline
Proposed Deadline
9
Close of Fact Discovery
June 7, 2024
August 30, 2024
10
Expert Disclosures
June 14, 2024
September 20, 2024
11
Rebuttal Expert Disclosures
July 3, 2024
October 11, 2024
12
Expert Discovery Cut-Off
Last Day to File Dispositive and
Daubert Motions
Dispositive Motion Hearing
July 8, 2024
November 8, 2024
July 12, 2024
December 5, 2024
Pretrial Conference
November 5, 2024 at
1:30 p.m.
Jury Trial
January 6, 2025 at 9:00 a.m.
January 9, 2025 at
1:30 p.m.
April 10, 2025 at 1:30
P.M.
June 2, 2025 at 8:30
A.M.
13
14
15
16
17
18
19
20
WHEREAS good cause exists to amend the operative scheduling order to allow the parties
adequate time to conduct discovery and prepare their cases and defenses.
IT IS SO STIPULATED
21
22
23
The parties attest that concurrence in the filing of these documents had been obtained from
each of the other signatories, which shall serve in lieu of their signatures on the document.
Dated: June 5, 2024
24
LAW OFFICES OF JUSTIN KIRK TABAYOYON
By:
25
26
27
///
28
///
/s/ Justin Tabayoyon
Justin Kirk Tabayoyon
Attorneys for Plaintiffs,
Diana Santos and Edward Chavez
STIPULATION AND ORDER TO AMEND CASE
SCHEDULE C22-01856 DJC-AC
2
1
Dated: June 5, 2024
2
MCNAMARA, AMBACHER, WHEELER,
HIRSIG & GRAY LLP
By:
3
4
5
/s/ Noah G. Blechman
Noah G. Blechman
John J. Swafford
Attorneys for Defendant
Drake Wiest
6
7
ATTORNEYS AT LAW
3480 BUSKIRK AVENUE, SUITE 250, PLEASANT HILL, CA 94523
TELEPHONE: (925) 939-5330
McNAMARA, AMBACHER, WHEELER, HIRSIG & GRAY LLP
8
9
10
11
12
13
14
15
ORDER
Pursuant to the stipulation of the parties, and with good cause appearing therefore, IT IS
HEREBY ORDERED that the Scheduling Order in this case be modified as follows:
Event
Amended Deadline
Close of Fact Discovery
August 30, 2024
Expert Disclosures
September 20, 2024
Rebuttal Expert Disclosures
October 11, 2024
Expert Discovery Cut-Off
Last Day to File Dispositive and
Daubert Motions
November 8, 2024
December 5, 2024
Dispositive Motion Hearing
January 9, 2025 at 1:30 P.M.
17
Pretrial Conference
April 10, 2025 at 1:30 P.M.
18
Jury Trial
16
19
June 2, 2025 at 8:30 A.M.
IT IS SO ORDERED
20
21
Dated: June 5, 2024
22
23
/s/ Daniel J. Calabretta
THE HONORABLE DANIEL J. CALABRETTA
UNITED STATES DISTRICT JUDGE
24
25
26
27
28
STIPULATION AND ORDER TO AMEND CASE
SCHEDULE C22-01856 DJC-AC
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?