Franklin v. City of San Leandro et al

Filing 48

ORDER by Judge Haywood S. Gilliam, Jr. Granting 47 Stipulation for Partial Modification of Scheduling Order.Close of Fact Discovery due by 3/25/2019. (ndrS, COURT STAFF) (Filed on 3/1/2019)

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JOHN L. BURRIS ESQ., SBN 69888
DEWITT LACY, ESQ., SBN 258789
K. CHIKE ODIWE, ESQ., SBN 315109
LAW OFFICES OF JOHN L. BURRIS
Airport Corporate Centre
7677 Oakport Street, Suite 1120
Oakland, California 94621
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff
RON FRANKLIN

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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STIPULATION AND [PROPOSED] ORDER
FOR PARTIAL
MODIFICATION OF SCHEDULING
ORDER

RON FRANKLIN, an individual

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Plaintiff,

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vs.

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DENNIS MALLY, individually and in his
capacity as an officer for the San Leandro Police
Department; and DOES 1-50, inclusive,
individually, jointly and severally,

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Defendants.
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Pursuant to Federal Rules of Civil Procedure Rule 16(b)(4), and the Scheduling Order issued

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by United States District Judge Haywood S, Gilliam Jr. on September 27, 2018 (the “Scheduling

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Order”), (ECF 37.) Plaintiff Ron Franklin, and Defendant Dennis Mally by and through undersigned

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counsel, hereby jointly stipulate and move to modify the Scheduling Order for good cause as follows:

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1. Pursuant to the Scheduling Order, the cut-off for general discovery is February 25, 2019.

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2. WHEREAS the parties intended to depose the only known percipient witnesses Jose Nunez,

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Sergio Macias, and Joana Styx before the discovery cut-off.

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3. WHEREAS Defendant’s Counsel attempted to set the deposition of the percipient witnesses
for February 25, 2019.
4. WHEREAS Defendant’s Counsel was unsuccessful in securing the deposition of the
percipient witnesses for February 25, 2019.
5. WHEREAS Plaintiff’s Counsel has only recently located Joana Styx and Sergio Macias at
their new address after retaining a private investigator.
6. As a result of the recent location of Joana Styx and Sergio Macias and the need to locate and

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depose Jose Nunez, the parties request that the discovery closure date be extended to March

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25, 2019.

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7. Furthermore, Defendant’s Counsel intends to take the depositions of the paramedics, Travis

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Crothers and Tom Bowring, who arrived on scene shortly after the incident. The parties

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request that the discovery cut-off date be extended to March 25, 2019 so that the parties may

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take the depositions of civilian witnesses Jose Nunez, Sergeo Macias, Joanna Styx and

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paramedics Travis Crothers and Tom Bowring.

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IT IS RESPECTFULLY REQUESTED AND SO STIPULATED.

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LAW OFFICES OF JOHN L. BURRIS

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Dated: February 25, 2019

/s K. Chike Odiwe_______________
K. Chike Odiwe, Esq.,
Attorney for Plaintiff
RON FRANKLIN

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DATED: February 28, 2019

BERTRAND, FOX, ELLIOT, OSMAN & WENZEL

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/s/ Joanne Tran
Gregory M. Fox
Joanne Tran
Attorneys for the Defendants
CITY OF SAN LEANDRO and DENNIS
MALLY

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ATTORNEY ATTESTATION
I, K. Chike Odiwe, am the ECF user whose identification and password are being used to file

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the foregoing documents. Pursuant to Civil Local Rule 5.1(i), I hereby attest that concurrence in the
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filing of these documents has been obtained from each of its Signatories.
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Dated: February 25, 2019

/s/ K. Chike Odiwe
K. Chike Odiwe

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[PROPOSED] ORDER

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Having considered the parties’ stipulation, the deadline to complete fact discovery is March 25,
2019. IT IS SO ORDERED.

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DATED: 3/1/2019

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THE HONORABLE HAYWOOD S. GILLIAM, JR.
UNITED STATES DISTRICT JUDGE

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