Filed: Oct. 19, 2016
Latest Update: Oct. 19, 2016
Summary: STIPULATION TO AUGMENT SCHEDULING ORDER JOHN A. MENDEZ , District Judge . TO THE HONORABLE COURT: This stipulation is entered into by and between the plaintiffs and the defendants, by and through their respective counsel. 1. Pursuant to the Court's Scheduling Order, the parties have completed written disclosures and propounded and responded to written discovery. 2. There are approximately nineteen civilian witnesses and several Kern County Sheriff Department witnesses in this case. 3. D
Summary: STIPULATION TO AUGMENT SCHEDULING ORDER JOHN A. MENDEZ , District Judge . TO THE HONORABLE COURT: This stipulation is entered into by and between the plaintiffs and the defendants, by and through their respective counsel. 1. Pursuant to the Court's Scheduling Order, the parties have completed written disclosures and propounded and responded to written discovery. 2. There are approximately nineteen civilian witnesses and several Kern County Sheriff Department witnesses in this case. 3. De..
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STIPULATION TO AUGMENT SCHEDULING ORDER
JOHN A. MENDEZ, District Judge.
TO THE HONORABLE COURT:
This stipulation is entered into by and between the plaintiffs and the defendants, by and through their respective counsel.
1. Pursuant to the Court's Scheduling Order, the parties have completed written disclosures and propounded and responded to written discovery.
2. There are approximately nineteen civilian witnesses and several Kern County Sheriff Department witnesses in this case.
3. Despite the diligence of counsel, the parties have not been able to complete all depositions necessary to be properly prepared for trial.
4. The deadline to complete expert witness disclosures was continued to October 14, 2016. However, expert reports will not be complete without additional non-expert depositions. For instance, Plaintiffs noticed two critical Person Most Knowledgeable Depositions, however as a result of scheduling issues, these depositions have yet to go forward. The inability to complete these depositions were not the result of any action of counsel.
5. In addition, as discovery has progressed, the parties have discussed the possibility of engaging in meaningful settlement discussions via private mediation or scheduling conference. It would be in the best interest of the parties and judicial council if the scheduling order is modified slightly to enable these discussions to continue prior to the completion of expert witness discovery.
6. Defense counsel has a jury trial scheduled for March 6, 2017.
7. Based on the forgoing, the parties seek leave to amend the scheduling order thirty (30) to sixty (60) days as follows:
Filing of Dispositive Motions: From November 15, 2016 to January
13, 2017
Hearing of Dispositive Motions: From December 13, 2016 to
February 14, 2017 at 1:30 p.m.
Fact Discovery Cut-Off: From October 7, 2016 to December
6, 2016
Expert Disclosure: From October 14, 2016 to December
13, 2016
Supplemental Expert Disclosure: From October 28, 2016 to December
27, 2016
Expert Discovery Cut-Off: From November 4, 2016 to
January 3, 2016
Final Pre-Trial Conference: From January 20, 2017 to March 21,
2017
Trial From February 27, 2017 to April 24,
2017
NOW THEREFORE, IT IS HEREBY STIPULATED by the Parties, subject to approval by this Court that the Scheduling Order be amended as set forth above.
ORDER
PER STIPULATION OF COUNSEL, IT IS HEREBY ORDERED that the Scheduling Order be Amended as follows:
Filing of Dispositive Motions: January 24, 2017
Hearing of Dispositive Motions: February 21, 2017 at 1:30 p.m.
Fact Discovery Cut-Off: December 6, 2016
Expert Disclosure: December 13, 2016
Supplemental Expert Disclosure: December 27, 2016
Expert Discovery Cut-Off: January 3, 2017
Joint pretrial statement: March 17, 2017
Final Pre-Trial Conference: March 24, 2017 at 10:00 a.m.
Trial: May 1, 2017 at 9:00 a.m.
