Molieri et al v. County of Marin et al

Filing 28

ORDER APPROVING STIPULATION TO EXTEND TIME TO COMPLETE EXPERT DISCLOSURES AND DISCOVERY. The date by which disclosure of expert witnesses will be completed is extended to January 10, 2012. The date by which rebuttal experts are to be disclosed is extended to January 17, 2012. Signed by Judge Maxine M. Chesney on December 23, 2011. (mmclc1, COURT STAFF) (Filed on 12/23/2011)

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JOHN L. BURRIS, ESQ. CSB#69888
LAW OFFICES OF JOHN L. BURRIS
Airport Corporate Centre
7677 Oakport Street, Suite 1120
Oakland, CA 94621-1939
Tel: [phone]
Fax: [phone]
E/M: [e-mail]
Attorneys for Danilo Martin Molieri
And Daniel Steven Molieri, Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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(SAN FRANCISCO)

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DANIEL MARTIN MOLIERI and,
DANIEL STEVEN MOLIERI,

Complaint Filed: 12/1/2010
Plaintiffs,

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CASE NO. C-10-5430 MMC

vs

STIPULATION TO EXTEND TIME TO
COMPLETE EXPERT DISCLOSURES
AND DISCOVERY; (PROPOSED) ORDER

COUNTY OF MARIN; Marin
County Sheriff’s Sergeant
J. SCARDINA; Sheriff’s Deputy
ERIC RICHARDSON; Sheriff’s
Deputy BONDANZA; CITY AND
COUNTY OF SAN FRANCISCO;
San Francisco Police Sergeant
R. COX; San Francisco Police
Sergeant J. O’MALLEY; and
DOES 1 through 25, inclusive,
Defendants.
-----------------------------------------------------/

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STIPULATION TO EXTEND TIME TO COMPLETE EXPERT DISCOVERY

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STIPULATION
The parties in this, the above-entitled matter, by and through their respective counsel of
record, stipulate and agree to the following in support of their request to the court to modify the
pretrial scheduling order:
1.

The complaint in this matter was filed on December 1, 2010. Subsequent to its filing,

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counsel have cooperatively and diligently developed this case for resolution, disposition

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or trial through discovery.

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2.

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This case centers around police practices and discovery necessarily requires experts in
police practices and procedures, in addition to discovery from both plaintiffs and law

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enforcement personnel.

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3.

The court granted the parties’ previous request extend the time within which to

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conclude specifically identified depositions, from December 2, 2011 to and through

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December 23, 2011. Discovery and depositions of law enforcement personnel and

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those persons most knowledgeable with respect to relevant police practices and

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procedures are complete.

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4.

The court ordered that disclosure of expert witnesses be completed by December 23,
2011, disclosure of rebuttal experts by January 6, 2012 and completion of discovery
from experts by January 27, 2012. The previous stipulation did not contemplate

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modification of those deadlines. However, because of the significance of the

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depositions currently underway, including those occurring on December 22, 2011, and

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plaintiffs’ contention that there are unresolved discovery matters, the parties’ designated

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police practices expert witnesses anticipate obtaining additional information after

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completion of their FRCP Rule 26 reports on December 23, 2011. This information
may result in modification or amendment of their reports.

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STIPULATION TO EXTEND TIME TO COMPLETE EXPERT DISCOVERY

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5.

Given the foregoing factual representations, the parties request that the court modify the
pretrial scheduling order by extending the deadline for disclosure of experts, to and
through January 10, 2012, and disclosure of rebuttal experts by January 17, 2012.

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Dated: December 22, 2011

LAW OFFICES OF JOHN L. BURRIS

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By: ___/S/JOHN L. BURRIS____ _________
John L. Burris, Esq.
Attorneys for Plaintiffs
Danilo Martin Molieri and
Daniel Steven Molieri

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Dated: December 22, 2011

PATRICK K. FAULKNER
County Counsel

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By: ___/S/RENEE GIACOMINI BREWER __
Renee Giacomini Brewer.
Deputy County Counsel
Attorneys for County of Marin

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Dated: December 22, 2011

DENNIS J. HERRERA
City Attorney
JOANNE HOEPER
Chief Trial Deputy
By: ___/S/MICHAEL GERCHOW_________
Michael Gerchow
Deputy City Attorney
Attorneys for Defendant
City and County of San Francisco

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STIPULATION TO EXTEND TIME TO COMPLETE EXPERT DISCOVERY

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ORDER
The court, having considered the parties’ stipulation and good cause appearing,
IT IS ORDERED that the pretrial scheduling order is modified in the following limited
particulars:
1.

The date by which disclosure of expert witnesses, and exchange of FRCP Rule

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26 reports will be completed is extended from December 23, 2011 to January

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10, 2012.

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2.

The date by which rebuttal experts are to be disclosed is extended to January 17,
2012.

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Dated: December 23, 2011

________________________________
UNITED STATES DISTRICT JUDGE

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STIPULATION TO EXTEND TIME TO COMPLETE EXPERT DISCOVERY

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