Filed: Oct. 30, 2019
Latest Update: Oct. 30, 2019
Summary: ORDER GRANTING IN PART STIPULATION TO MODIFY SCHEDULING ORDER (Doc. 43) JENNIFER L. THURSTON , Magistrate Judge . TO THE HONORABLE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that Plaintiff KIM ADAMS, an individual, and Defendants COUNTY OF KERN; KERN COUNTY PROBATION DEPARTMENT; DAVID M. KUGE, an individual; REYES SOBERON, JR., an individual; and DOES 1 through 50 (hereafter collectively the "parties"), by and through their counsel of record, hereby stipulate an
Summary: ORDER GRANTING IN PART STIPULATION TO MODIFY SCHEDULING ORDER (Doc. 43) JENNIFER L. THURSTON , Magistrate Judge . TO THE HONORABLE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that Plaintiff KIM ADAMS, an individual, and Defendants COUNTY OF KERN; KERN COUNTY PROBATION DEPARTMENT; DAVID M. KUGE, an individual; REYES SOBERON, JR., an individual; and DOES 1 through 50 (hereafter collectively the "parties"), by and through their counsel of record, hereby stipulate and..
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ORDER GRANTING IN PART STIPULATION TO MODIFY SCHEDULING ORDER
(Doc. 43)
JENNIFER L. THURSTON, Magistrate Judge.
TO THE HONORABLE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that Plaintiff KIM ADAMS, an individual, and Defendants COUNTY OF KERN; KERN COUNTY PROBATION DEPARTMENT; DAVID M. KUGE, an individual; REYES SOBERON, JR., an individual; and DOES 1 through 50 (hereafter collectively the "parties"), by and through their counsel of record, hereby stipulate and agree as follows:
WHEREAS, due to the continuance of criminal proceedings against Defendant Reyes Soberon, Jr. and the pendency of Plaintiff's related case in the California Court of Appeal for the Fifth Appellate District, the parties entered an initial Joint Stipulation to Extend Dates and Deadlines that was approved by the Court on September 13, 2018 (ECF No. 32);
WHEREAS, due in part to the fact that Plaintiff's son, Marcus Anthony Ramirez, sustained a serious gunshot wound that resulted in Plaintiff incurring familial obligations that interfered with her availability for discovery proceedings, the parties entered a second Stipulation to Modify Scheduling Order that was approved by the Court on April 23, 2019 (ECF No. 36);
WHEREAS, due to the fact that Plaintiff's children and caretaker needed to attend to an ill family member out of town and/or were required to attend medical appointments which circumstances interfered with their availability for discovery proceedings and due to the fact that counsel for Defendants County of Kern and David M. Kuge needed to undergo knee surgery, the parties entered a third Stipulation to Modify Scheduling Order that was approved by the Court on June 24, 2019 (ECF No. 38);
WHEREAS, due to complications in the knee surgery that counsel for Defendants County of Kern and David M. Kuge underwent, the parties entered a fourth Stipulation to Modify Scheduling Order that was approved by the Court on July 24, 2019 (ECF No. 40);
WHEREAS, the parties have continued in good faith to cooperate in scheduling discovery proceedings in this matter and had scheduled depositions of Plaintiff's sons and caretaker for October 22 and 23, 2019 and a Mental Health Examination of Plaintiff for October 30, 2019;
WHEREAS, Plaintiff's son, Angel Ramirez Adams, who was to be deposed on October 23, 2019, sustained a severe leg injury shortly before that date requiring emergency room treatment and subsequent treatment in Los Angeles that has rendered Plaintiff, her sons, and her caretaker unavailable for discovery proceedings until mid-January 2020;
WHEREAS, Plaintiff has confirmed her availability for her Mental Health Examination on Saturday, January 11, 2020, and Defendants have confirmed the availability of their examiner on that date;
WHEREAS, the parties have agreed to again extend the dates and deadlines in this matter as outlined below:
Event/Deadline Existing Date Stipulated New Date
Mental Examination of Plaintiff October 30, 2019 January 11, 2020
Non-Expert Discovery Deadline December 2, 2019 January 27, 2020
Expert Witness Disclosure January 2, 2020 February 27, 2020
Rebuttal Witness Disclosure February 3, 2020 March 30, 2020
Expert Discovery Deadline March 4, 2020 April 29, 2020
Non-Dispositive Motion Deadline (Filing) April 6, 2020 June 1, 2020
Non-Dispositive Motion Deadline (Hearing) May 4, 2020 June 29, 2020
Dispositive Motion Deadline (Filing) June 8, 2020 August 3, 2020
Dispositive Motion Deadline (Hearing) July 20, 2020 September 14, 2020
Pre-Trial Conference October 5, 2020 November 30, 2020
Trial November 30, 2020 March 1, 2021
WHEREAS, the parties understand that they have already requested modification of the Court's Scheduling Order multiple times and that such modification places a burden on the Court and all counsel;
WHEREAS, the parties intend to prevent further continuances by agreeing that the present request for modification of the Court's Scheduling Order shall be the last;
IT IS THEREFORE STIPULATED AND AGREED THAT:
1. All dates and deadlines may be continued as outlined by the parties above; and
2. The parties shall not request further continuances of the dates and deadlines referred to herein.
Respectfully Submitted,
DATED: October 29, 2019 WEAKLEY & ARENDT
A PROFESSIONAL CORPORATION
/s/Brande Gustafson (authorized on 10/29/19)
James D. Weakley
Brande L. Gustafson
Attorneys for Defendant, Reyes Soberon, Jr.
DATED: October 29, 2019 MARGO A. RAISON,
KERN COUNTY COUNSEL
/s/Kathleen Rivera (authorized on 10/29/29)
Kathleen Rivera, Deputy County Counsel
Attorneys for Defendants County of Kern, Kern
County Probation Department, and David M. Kuge
DATED: October 29, 2019 GERAGOS & GERAGOS, APC
/s/Ben Meiselas
Mark J. Geragos
Ben J. Meiselas
Noah Geldberg
Attorneys for Plaintiff Kim Adams
ORDER
The parties have stipulated to amend the case schedule. They offer no explanation why the trial should be continued so far out. Indeed, even with the modifications sought, there is no need to change the pretrial or trial date. Thus, the Court GRANTS the stipulation IN PART and ORDERS the case schedule to be amended as follows:
1. The plaintiff SHALL submit to the mental health examination on January 11, 2020;
2. The parties SHALL complete all non-expert discovery no later than January 27, 2020 and expert discovery no later than April 29, 2020. The parties SHALL disclose their experts no later than February 27, 2020 and their rebuttal experts no later than March 27, 2020;
3. Non-dipositive motions, if any, SHALL be filed no later than May 22, 2020 and heard no later than June 19, 2020;
4. Dipositive motions, if any, SHALL be filed no later than July 10, 2020 heard no later than August 20, 2020.
No other modifications to the case schedule are authorized and the Court declines to consider any further requests to amend the case schedule absent a showing, supported by admissible evidence, that extraordinary cause exists to do so.
IT IS SO ORDERED.
