Gary Martinovsky, et al v. County of Alameda et al
Filing
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ORDER GRANTING IN PART STIPULATION TO CONTINUE DISCOVERY DEADLINES AND TRIAL DATE. Motions terminated: 80 STIPULATION WITH PROPOSED ORDER re 78 Order,, to Continue Discovery Deadlines and Trial Date filed by John Paul Williams. Signed by Judge Maxine M. Chesney on 10/26/2017. (mmclc2, COURT STAFF) (Filed on 10/26/2017)
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Michael C. Wenzel, State Bar No. 215388
Jashoda K. Kashyap, State Bar No. 295391
BERTRAND, FOX, ELLIOT, OSMAN & WENZEL
The Waterfront Building
2749 Hyde Street
San Francisco, California 94109
Telephone: (415) 353-0999
Facsimile: (415) 353-0990
Email:
mwenzel@bfesf.com
Attorneys for Defendant
JOHN PAUL WILLIAMS
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
GARY MARTINOVSKY, M.D., and
INTEGRATED PAIN CARE, INC.,
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Case No. 3:16-cv-00403-MMC
STIPULATION TO CONTINUE DISCOVERY
DEADLINES AND TRIAL DATE; [PROPOSED]
ORDER
Plaintiffs,
v.
DA INSPECTOR JOHN PAUL WILLIAMS,
CALIFORNIA DEPARTMENT OF
INSURANCE DETECTIVE FERNANDO
CUBANGBANG, and DOES 1 to 20,
Defendants.
Hon. Maxine M. Chesney
STIPULATION
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IT IS HEREBY STIPULATED AND REQUESTED BY the parties to the above-captioned
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matter that all pretrial dates in this matter be further continued and that the trial date be continued from
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June 11, 2018, to October 11, 2018 or a date thereafter that is convenient to the Court.
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This case arises from the arrest of plaintiff GARY MARTINOVSKY for fraud and the search of
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his clinic, plaintiff INTEGRATED PAIN CARE, Inc. by former Alameda County District Attorney
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Inspector JP WILLIAMS and California Department of Insurance Detective FERNANDO
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CUBANGBANG. Plaintiffs have alleged that they have suffered economic and noneconomic harm as a
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result of defendants’ CUBANGBANG and WILLIAMS’ conduct.
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STIPULATION TO FURTHER EXTEND DEADLINES AND CONTINUE TRIAL DATE; [PROPOSED] ORDER
US District Court Case No. 3:16-cv-00403-MMC
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By order dated June 15, 2017, a Settlement Conference before Magistrate Judge Laurel Beeler
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was scheduled for October 24, 2017, at the request of all parties (as the parties had a conflict with the
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previously scheduled date of July 26, 2017). The parties requested this Court continue the pretrial and
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trial dates accordingly. This Court issued an Order continuing the pretrial and trial dates on July 7, 2017.
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(Docket No. 78.)
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In preparation for the October 24, 2017 Settlement Conference, the parties began conducting
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discovery. Counsel for WILLIAMS propounded requests for production of documents to plaintiffs
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GARY MARTINOVSKY and his business, INTEGRATED PAIN CARE, INC. seeking financial records
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necessary to evaluate their claims for business loss. Plaintiffs provided some records, but outstanding
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records are still being compiled. Counsel for defendants WILLIAMS and CUBANGBANG began taking
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plaintiff GARY MARTINOVSKY’S deposition on September 21, 2017, but were unable to complete it,
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given the complex issues in this matter. The parties agreed that MARTINOVSKY’S deposition should be
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completed in order to fully evaluate his damages claim, and agreed that defendants should be given
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additional time to obtain and analyze plaintiff’s financial records. In addition, the parties agreed that
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additional time was needed for plaintiff to depose WILLIAMS and CUBANGBANG.
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The parties submitted a stipulation to Magistrate Judge Beeler, requesting a continuance of the
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Settlement Conference, for the reasons set forth above. In response, on October 9, 2017, Magistrate
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Judge Beeler issued an Order continuing the Conference to January 17, 2018. (Docket No. 79.)
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The further continuance of pretrial dates and the trial date requested herein will permit the parties
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to complete MARTINOVSKY’S deposition, and conduct WILLIAMS’ and CUBANGBANG’s
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deposition, in order to meaningfully participate in a settlement conference, and will permit time to
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complete remaining necessary discovery after the Settlement Conference in the event that the parties do
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not reach an agreement at the Settlement Conference. Absent a further continuance, the parties will be
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required to complete all discovery before the Settlement Conference, and incur significant expert costs,
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all of which may prove to be unnecessary.
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For the reasons set forth above, the parties respectfully request that this Court continue all
previously-set dates (as contained in Docket No. 78) as follows:
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STIPULATION TO FURTHER EXTEND DEADLINES AND CONTINUE TRIAL DATE; [PROPOSED] ORDER
US District Court Case No. 3:16-cv-00403-MMC
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Event
Current Dates
Proposed Dates
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Non-Expert Discovery Cutoff
12/18/2017
3/19/2018
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Expert Disclosures
1/15/2018
4/16/2018
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Disclosure of Rebuttal Experts
1/25/2018
4/26/2018
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Expert Discovery Cutoff
2/15/2018
5/16/2018
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Last Day to File Dispositive Motions
3/1/2018
5/30/2018
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Pretrial Conference
5/22/2018
8/21/2018
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Trial
6/11/2018
10/11/2018
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The parties respectfully request that the Court approve this stipulation and incorporate its terms in
an Order.
IT IS SO STIPULATED.
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Dated: October 18, 2017
BERTRAND, FOX, ELLIOT, OSMAN & WENZEL
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By:
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/s/ Michael Wenzel
Michael C. Wenzel
Attorneys for Defendant
JOHN PAUL WILLIAMS
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Dated: October 18, 2017
ATTORNEY GENERAL OF CALIFORNIA
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By:
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/s/ John Devine
John Devine
Attorneys for Defendant
FERNANDO CUBANGBANG
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Dated: October 18, 2017
THE LAW OFFICES OF JOHN BURTON
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By:
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/s/ John Burton
John Burton
Attorneys for Plaintiffs
GARY MARTINOVSKY, M.D., and INTEGRATED
PAIN CARE, INC.
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STIPULATION TO FURTHER EXTEND DEADLINES AND CONTINUE TRIAL DATE; [PROPOSED] ORDER
US District Court Case No. 3:16-cv-00403-MMC
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ATTORNEY ATTESTATION
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I hereby attest that I have on file all holograph signatures for any signatures indicated by a
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conformed signature (“/s/”) within this E-filed document or have been authorized by all parties to show
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their signature on this document as /s/.
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Dated: October 18, 2017
By:
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/s/ Michael Wenzel
Michael C. Wenzel
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STIPULATION TO FURTHER EXTEND DEADLINES AND CONTINUE TRIAL DATE; [PROPOSED] ORDER
US District Court Case No. 3:16-cv-00403-MMC
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ORDER
GOOD CAUSE APPEARING THEREFORE, and the parties’ having stipulated to the same, the
parties’ stipulation is hereby APPROVED. The Court orders the following deadlines:
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Event
Dates
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Non-Expert Discovery Cutoff
3/19/2018
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Expert Disclosures
4/16/2018
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Disclosure of Rebuttal Experts
4/26/2018
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Expert Discovery Cutoff
5/16/2018
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Last Day to File Dispositive Motions
5/30/2018
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Pretrial Conference
8/21/2018 9/4/2018 , at 3:00 p.m.
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Trial
10/11/2018 9/17/2018
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IT IS SO ORDERED.
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Dated: October 26, 2017
Maxine M. Chesney
UNITED STATES DISTRICT COURT JUDGE
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STIPULATION TO FURTHER EXTEND DEADLINES AND CONTINUE TRIAL DATE; [PROPOSED] ORDER
US District Court Case No. 3:16-cv-00403-MMC
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