Gary Martinovsky, et al v. County of Alameda et al

Filing 81

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: [phone]
Facsimile: [phone]
Email:
[e-mail]
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