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Tierny v. Haresh, 2:18-cv-02057-MCE-CKD. (2019)

Court: District Court, E.D. California Number: infdco20190607d58 Visitors: 3
Filed: Jun. 05, 2019
Latest Update: Jun. 05, 2019
Summary: STIPULATION FOR EXTENDING DISCOVERY DEADLINE AND ALL CORRESPONDING DEADLINES IN PRETRIAL SCHEDULING ORDER; ORDER THEREON MORRISON C. ENGLAND, JR. , District Judge . Plaintiffs RICHARD TIERNY and JONATHAN BROWN filed a civil lawsuit, Case No. 2:18-cv-02057-MCE-CKD, in the United States Eastern District Court of California, asserting a variety of allegations against Defendants DAVID HARESH, HENRY ABE, and EDGAR GUZMAN arising out of events that occurred while Defendants were effectuating Plai
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STIPULATION FOR EXTENDING DISCOVERY DEADLINE AND ALL CORRESPONDING DEADLINES IN PRETRIAL SCHEDULING ORDER; ORDER THEREON

Plaintiffs RICHARD TIERNY and JONATHAN BROWN filed a civil lawsuit, Case No. 2:18-cv-02057-MCE-CKD, in the United States Eastern District Court of California, asserting a variety of allegations against Defendants DAVID HARESH, HENRY ABE, and EDGAR GUZMAN arising out of events that occurred while Defendants were effectuating Plaintiffs' arrests.

The Court issued a Pre-trial Scheduling Order providing that the discovery deadline is July 27, 2019.

Thereafter, Defendants have been attempting to conduct discovery, but those efforts have been frustrated as Plaintiffs failed to provide timely discovery responses, which ultimately required Defendants to file a Motion to Compel. Defendants have been unable to locate Plaintiffs' three eye-witnesses in order to take their depositions as the contact information provided for those individuals is incorrect. Defendants also do not have all of Plaintiffs' medical records to adequately prepare for either Plaintiffs' depositions or their respective health care providers' depositions given the health care providers were not disclosed to Defendants until Plaintiffs provided their untimely discovery responses.

Defendants attempted to provide the Court with a noticed Motion to Modify the Court's Scheduling Order, but the Court did not have a timely hearing date and advised through its clerk to have the Parties submit a Stipulation and Proposed Order.

NOW, THEREFORE, based on the agreements of the Parties, and in consideration of judicial economy and the Parties' resources, IT IS HEREBY STIPULATED by the Parties, through their attorneys of record:

1. The discovery deadline is extended by 180 days. 2. All corresponding deadlines in the Court's Pre-trial Scheduling Order are also extended by 180 days. Dated: June 3, 2019 CHE LEWELLYN HASHIM By: _________ /s/ _______________________ CHE HASHIM Attorneys for Plaintiffs RICHARD TIERNY and JONATHAN BROWN Dated: June 3, 2019 PORTER SCOTT By: ___________ /s/_____________________ DEREK HAYNES Attorneys for Defendants DAVID HARESH, HENRY ABE, and EDGAR GUZMAN

ORDER

Based on the written stipulation of the Parties and good cause appearing in support thereof, the discovery deadline and all corresponding deadlines in the Court's Pre-trial Scheduling Order shall be extended 180 days.

IT IS SO ORDERED.

Source:  Leagle

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