The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge
FEDERICO CASTELAN SAYRE, ESQ., SBN 067420 firstname.lastname@example.org TYLER RICHARD DOWDALL, ESQ., SBN 258950 email@example.com SAYRE & LEVITT, LLP 900 N. BROADWAY, 4th FLOOR SANTA ANA, CALIFORNIA 92701-3452 Phone (714) 550-9117 Facsimile (714) 550-9125 Attorneys for Plaintiffs:
Assigned to Magistrate Judge Dennis L. Beck
STIPULATION TO CONTINUE DISCOVERY AND ALL SUBSEQUENT DATES BY ONE MONTH and ORDER THEREON
Pre-Trial Conference: Nov. 18, 2011 Trial: January 31, 2012
COME NOW, the Parties herein, by and through their respective counsel of record, Tyler R. Dowdall, Esq. of SAYRE & LEVITT, LLP for Plaintiffs LaToya McKenzie, Brenda McKenzie, Chastity McKenzie, Rory McKenzie, Jr., Zilah Peeples, Amiya McKenzie, Zikirah Harris, Jamarri Joiner and the Estate of Rory McKenzie (hereinafter collectively "Plaintiffs"); Andrew C. Thomson, Deputy, Office of Kern County Counsel, for Defendants County of Kern, Kern County Sheriff's Office, Otis Whinery, Douglas Jauch, Edward Tucker and Patrick Neal (hereinafter collectively "Kern Defendants"); and Mildred K. O'Linn, Esq. of Manning & Kass, Ellrod, Ramirez, Trester, counsel for Defendant TASER International, Inc. with the authority of their respective clients, hereby stipulate as follows:
1. The parties have repeatedly met and conferred regarding various issues and potential conflicts regarding discovery in this matter in an effort to informally resolve these matters.
2. Former Kern County Coroner's Forensic Pathologist Dr. Joseph Pestaner currently resides in the State of Maryland and works in Washington, D.C. Dr. Pestaner conducted an autopsy of Plaintiffs' decedent, Rory McKenzie, on July 3, 2009. In light of the fact that medical issues related to causation are key issues in this action, and in light of the state of the testimony from other percipient witnesses related to these issues, Dr. Pestaner's testimony is highly material to this case.
3. Plaintiffs have been informed that Dr. Pestaner has been subpoenaed to testify in a Federal action in the final week of June 2011. Plaintiffs are serving a deposition subpoena on Dr. Pestaner with a deposition date of July 1, 2011, however, Plaintiffs report that because Dr. Pestaner is expected to be testifying in a federal trial, plaintiffs anticipate Dr. Pestaner will be unavailable to testify July 1, 2011.
4. Plaintiffs have been informed that Dr. Pestaner has advised he has more flexibility in July 2011. In particular, Dr. Pestaner reports to plaintiffs that the week of July 11, 2011 is presently open for deposition.
5. In order to accommodate the schedule of Dr. Pestaner, the parties agree that an additional one (1) month of fact discovery is appropriate for the completion of discovery. However, Defendant TASER will only stipulate to a continuance of discovery deadlines if all case management deadlines -- including expert disclosures, dispositive motions, and trial -- are also continued by an equivalent amount of time.
6. Based upon the foregoing, good cause exists for a one (1) month continuance of the discovery cut-off and all subsequent dates, including the trial date.
7. The parties propose a new trial date in May 2012.
8. The parties respectfully request the Court's consideration ...