STIPULATION TO RESCHEDULE INITIAL SCHEDULING CONFERENCE AND ORDER

(Doc. 15)

SHEILA K. OBERTO, Magistrate Judge.

IT IS HEREBY STIPULATED AND AGREED by and between the attorneys of records for plaintiffs Richard Charles Bernier, III ("Bernier") and Nadezhda Ustinenkov ("Ustinenkov") (collectively "Plaintiffs") and defendant County of Fresno ("County"), and defendants California Highway Patrol Officers Michael Walker, Pablo Lopez, Corde Spencer, William Avila (collectively "CHP Defendants") as follows:

Bernier having been arraigned as of November 27, 2018 in Fresno County Superior County on criminal charges1, which arose from his arrest as alleged in the First Amended Complaint and which makes up the basis for this action, just recently received discovery from the District Attorney and now has information as to the identities of the "Unknown Law Enforcement Officers." Plaintiff would like additional time to work with defendants to if they can agree to stipulate to allow Plaintiffs to further amend the First Amended Complaint to add additional defendants. If the parties are unable to come to an agreement by stipulation, Plaintiffs would like to file and have the issue of further amending the pleadings resolved in advance of the Initial Scheduling Conference so that these anticipated additional defendants have an opportunity to appear and so the parties can better evaluate potential discovery issues and better determine a proper discovery and trial schedule.

Defendants have also met and conferred with Plaintiffs about the possibility of staying discovery during the pendency of Bernier's parallel criminal proceeding, which Plaintiffs have indicated they are not inclined to agree to, but they do agreed that any ruling on Defendants' motion for a stay of discovery could alter the discovery schedule in this case and so stipulate that the Initial Scheduling Conference should take place after the Court rules on Defendants' motion for a stay of discovery. Defendants intend to file their motion no later than January 24, 2019.

Furthermore, Counsel for defendant County has a conflict of schedule and will be in San Antonio, Texas on January 31, 2019, the date the Initial Scheduling Conference is currently set to take place. While counsel may be able to make arrangements to appear telephonically, he would prefer to appear in person for the Initial Scheduling Conference.

Accordingly, the parties believe that there is good cause for the Court to approve the following stipulations:

1. The January 31, 2019 Initial Scheduling Conference may be continued March 28, 2019, or as soon thereafter as the Court and parties are available.

2. The parties' Joint Scheduling Conference Statement will be electronically filed 7 days prior to the new scheduling conference date, and will be emailed in Word format to skoorders@caed.uscourts.gov.

3. Plaintiffs will file a stipulation or a motion for leave to file a Second Amended Complaint no later than February 7, 2019.

4. Defendants will file a motion for stay of discovery no later than January 24, 2019.

ORDER

Based on the parties' above-stipulation (Doc. 15), the scheduling conference is HEREBY CONTINUED to March 28, 2019, at 9:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The parties shall file their Joint Scheduling Report by March 21, 2019.

IT IS SO ORDERED.