Filed: Sep. 29, 2017
Latest Update: Sep. 29, 2017
Summary: STIPULATION AND ORDER TO MODIFY SCHEDULING ORDER (Doc. 19) SHEILA K. OBERTO , Magistrate Judge . Plaintiff BERNARDINA GOMEZ, individually and as successor-in-interest to Esteven Andrade Gomez, deceased, and Defendants CITY OF FARMERSVILLE and FARMERSVILLE POLICE DEPARTMENT, by and through their respective counsel, hereby stipulate: 1. This case was filed in the U.S. District Court, Eastern Division — Fresno, on August 24, 2016 based on the death of Plaintiff BERNADINA GOMEZ's son while in
Summary: STIPULATION AND ORDER TO MODIFY SCHEDULING ORDER (Doc. 19) SHEILA K. OBERTO , Magistrate Judge . Plaintiff BERNARDINA GOMEZ, individually and as successor-in-interest to Esteven Andrade Gomez, deceased, and Defendants CITY OF FARMERSVILLE and FARMERSVILLE POLICE DEPARTMENT, by and through their respective counsel, hereby stipulate: 1. This case was filed in the U.S. District Court, Eastern Division — Fresno, on August 24, 2016 based on the death of Plaintiff BERNADINA GOMEZ's son while in ..
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STIPULATION AND ORDER TO MODIFY SCHEDULING ORDER
(Doc. 19)
SHEILA K. OBERTO, Magistrate Judge.
Plaintiff BERNARDINA GOMEZ, individually and as successor-in-interest to Esteven Andrade Gomez, deceased, and Defendants CITY OF FARMERSVILLE and FARMERSVILLE POLICE DEPARTMENT, by and through their respective counsel, hereby stipulate:
1. This case was filed in the U.S. District Court, Eastern Division — Fresno, on August 24, 2016 based on the death of Plaintiff BERNADINA GOMEZ's son while in custody of the Farmersville Police Department following arrest; and
2. WHEREAS the parties have in good faith engaged in discovery to date, including the exchange of written discovery such as interrogatories, requests for admissions, and requests for production.
3. WHEREAS the parties are working to confirm the dates of depositions, a site inspection, and the filing of a protective order regarding certain categories of sensitive information;
4. WHEREAS the parties wish to depose certain witnesses (including Officer JESSIE McBRIDE, Officer HETTICK, and Ms. GOMEZ) beginning in October 2017;
5. WHEREAS the parties are coordinating an appropriate date and time for Ms. GOMEZ's intended site inspection of the location where her son died while in the care, custody, and control of the FARMERSVILLE POLICE DEPARTMENT. Because the location to be inspected is an active police station seeing daily use, both sides are cooperating to perform the inspection in a manner that reduces any disruption to the department's daily activities;
6. WHEREAS the parties have agreed to the production and use of records that are relevant and contained in Officers McBRIDE and HETTICK's personnel file, i.e. personnel records. This disclosure will be pursuant to a signed stipulated protective order. That stipulation has been drafted but not finalized, and the parties anticipate filing it along with a requested protective order shortly; and
7. WHEREAS the non-expert discovery deadline is currently set for October 10, 2017, with further deadlines following therefrom.
8. AND WHEREAS the parties agree to a resetting of the pretrial conference and trial in this matter to a date that is convenient to the Court.
THEREFORE the parties find and agree that the discovery efforts outlined above cannot be completed by the upcoming October 10, 2017 deadline, and accordingly stipulate and request that the Court's Scheduling Order of December 21, 2016 be modified as follows:
Item: Current Deadline: Proposed Deadline:
Non-Expert Discovery: October 10, 2017 February 1, 2018
Expert Disclosures: October 16, 2017 February 8, 2018
Rebuttal Expert Disclosures: November 6, 2017 February 22, 2018
Expert Discovery: December 22, 2017 March 9, 2018
Non-Dispositive Motions: January 3, 2018 March 23, 2018
Non-Dispositive Hearing: January 31, 2018 April 20, 2018
Dispositive Motions: February 5, 2018 April 27, 2018
Dispositive Hearing: March 19, 2018 June 8, 2018
* * *
ORDER
Based on the parties' above stipulation (Doc. 19), and for good cause shown, the Scheduling Order (Doc. 12) is hereby MODIFIED as follows:
EVENT CURRENT DATE NEW DATE
Non-expert discovery deadline October 10, 2017 February 1, 2018
Expert disclosures October 16, 2017 February 8, 2018
Rebuttal expert disclosures November 6, 2017 February 22, 2018
Expert discovery deadline December 22, 2017 March 9, 2018
Non-dispositive motion filing
deadline January 3, 2018 March 23, 2018
Non-dispositive motion hearing
deadline January 31, 2018 April 25, 20181
Dispositive motion filing deadline February 5, 2018 April 27, 2018
Dispositive motion hearing
deadline March 19, 2018 June 11, 2018, at 1:30 p.m.2
Pretrial Conference May 16, 2018 August 8, 2018, at 10:00 a.m.
Trial July 10, 2018 October 9, 2018, at 8:30 a.m.3
IT IS SO ORDERED.
