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)

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ATTORNEYS AT LAW
3480 BUSKIRK AVENUE, SUITE 250, PLEASANT HILL, CA 94523
TELEPHONE: [phone]

McNAMARA, AMBACHER, WHEELER, HIRSIG & GRAY LLP

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NOAH G. BLECHMAN (State Bar No. 197167)
[e-mail]
JOHN J. SWAFFORD (State Bar No. 321174)
[e-mail]
MCNAMARA, AMBACHER, WHEELER,
HIRSIG & GRAY LLP
3480 Buskirk Avenue, Suite 250
Pleasant Hill, CA 94523
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
Drake Wiest

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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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.

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All parties, by and through their counsel of record, submit this Stipulation and Proposed

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Order wherein they stipulate as set forth below hereby move this Court to modify its Scheduling

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Order, entered on March 28, 2024 (ECF 16). The parties stipulate that good cause exists to amend

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the operative scheduling order as indicated below.

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WHEREAS Defendants discovered additional case materials for production to Plaintiffs,

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including numerous other body worn camera videos and other documentation. As such, in fairness,

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Defendants had to cancel Plaintiffs’ depositions to afford Plaintiffs’ counsel time to review and

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analyze the newly received production. As such, the depositions of the Plaintiffs will have to be

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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

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brief extensions of the key deadlines in this case.

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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.

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WHEREAS the parties have met and conferred and have proposed amending the current

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Scheduling Order per the dates and deadlines listed below as the parties need more time to complete

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discovery.

ATTORNEYS AT LAW
3480 BUSKIRK AVENUE, SUITE 250, PLEASANT HILL, CA 94523
TELEPHONE: [phone]

McNAMARA, AMBACHER, WHEELER, HIRSIG & GRAY LLP

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WHEREAS the parties propose the following new dates, subject to the Court’s approval.

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Event

Current Deadline

Proposed Deadline

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Close of Fact Discovery

June 7, 2024

August 30, 2024

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Expert Disclosures

June 14, 2024

September 20, 2024

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Rebuttal Expert Disclosures

July 3, 2024

October 11, 2024

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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.

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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

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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

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LAW OFFICES OF JUSTIN KIRK TABAYOYON

By:

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///

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///

/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

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Dated: June 5, 2024

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MCNAMARA, AMBACHER, WHEELER,
HIRSIG & GRAY LLP

By:

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/s/ Noah G. Blechman
Noah G. Blechman
John J. Swafford
Attorneys for Defendant
Drake Wiest

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ATTORNEYS AT LAW
3480 BUSKIRK AVENUE, SUITE 250, PLEASANT HILL, CA 94523
TELEPHONE: [phone]

McNAMARA, AMBACHER, WHEELER, HIRSIG & GRAY LLP

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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.

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Pretrial Conference

April 10, 2025 at 1:30 P.M.

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Jury Trial

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June 2, 2025 at 8:30 A.M.

IT IS SO ORDERED

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Dated: June 5, 2024

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/s/ Daniel J. Calabretta
THE HONORABLE DANIEL J. CALABRETTA
UNITED STATES DISTRICT JUDGE

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STIPULATION AND ORDER TO AMEND CASE
SCHEDULE C22-01856 DJC-AC

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