JOHN L. BURRIS, ESQ. CSB#69888 LAW OFFICES OF JOHN L. BURRIS Airport Corporate Centre 7677 Oakport Street, Suite 1120 Oakland, CA 94621-1939 Tel: (510) 839-5200 Fax: (510) 839-3882 E/M: John.Burris@JohnBurrisLaw.com Attorneys for Danilo Martin Molieri And Daniel Steven Molieri, Plaintiffs
Complaint Filed: 12/1/2010
STIPULATION TO EXTEND TIME COMPLETE EXPERT DISCLOSURES AND DISCOVERY; (PROPOSED) ORDER
The parties in this, the above-entitled matter, by and through their respective counsel of 3 record, stipulate and agree to the following in support of their request to the court to modify the 4 pretrial scheduling order:
1. The complaint in this matter was filed on December 1, 2010. Subsequent to its filing, counsel have cooperatively and diligently developed this case for resolution, disposition or trial through discovery.
2. This case centers around police practices and discovery necessarily requires experts in police practices and procedures, in addition to discovery from both plaintiffs and law enforcement personnel.
3. The court granted the parties' previous request extend the time within which to conclude specifically identified depositions, from December 2, 2011 to and through December 23, 2011. Discovery and depositions of law enforcement personnel and those persons most knowledgeable with respect to relevant police practices and procedures are complete.
4. The court ordered that disclosure of expert witnesses be completed by December 23, 2011, disclosure of rebuttal experts by January 6, 2012 and completion of discovery from experts by January 27, 2012. The previous stipulation did not contemplate modification of those deadlines. However, because of the significance of the depositions currently underway, including those occurring on December 22, 2011, and plaintiffs' contention that there are unresolved discovery matters, the parties' designated police practices expert witnesses anticipate obtaining additional information after completion of their FRCP Rule 26 reports on December 23, 2011. This information may result in modification or amendment of their reports.
5. Given the foregoing factual representations, the parties request that the court modify the pretrial scheduling order by extending the deadline for disclosure of experts, to and through January 10, 2012, and disclosure of rebuttal experts by January 17, 2012.
The court, having considered the parties' stipulation and good cause appearing,
IT IS ORDERED that the pretrial scheduling order is modified in the following limited particulars:
1. The date by which disclosure of expert witnesses, and exchange of FRCP Rule 26 reports will be completed is extended from ...