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Erick Efrain Aleman v. City of Bakersfield

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA / FRESNO DIVISION


October 9, 2012

ERICK EFRAIN ALEMAN,
PLAINTIFF,
v.
CITY OF BAKERSFIELD, ALLEN RONK, TIMOTHY BERCHTOLD, AND DOES 1- 100, INCLUSIVE,
DEFENDANTS.

The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge

STIPULATION TO MODIFY THE SCHEDULING ORDER [DKT. NO. 12] AND ORDER GRANTING THE STIPULATION IN PART (Doc. 16)

IT IS HEREBY STIPULATED by and between the parties hereto through their respective attorneys of record that additional time is needed to conduct written discovery and the depositions of the parties and percipient witnesses. Discovery proceedings have been delayed due to the busy trial schedule of both parties' counsel. Therefore, the parties request that the scheduling order be modified as set forth below. The requested continuances will not, in any way, affect the trial date of November 5, 2013.

Deadline/Hearing Current Date Requested Date Non-Expert Discovery Cutoff January 11, 2013 April 12, 2013 Disclosure of Expert Witnesses February 15, 2013 April 23, 2013 Disclosure of Rebuttal Expert Witnesses March 15, 2013 May 8, 2013 Expert Discovery Cutoff April 5, 2013 June 3, 2013 Non-Dispositive Motions April 19, 2013 June 14, 2013 (Deadline to File)

Hearing on Non-Dispositive Motions May 17, 2013 July 19, 2013 Dispositive Pretrial Motions May 31, 2013 June 24, 2013 (Deadline to File)

Hearing on Dispositive Motions July 15, 2013 July 29, 2013 Settlement Conference August 7, 2013 same Pretrial Conference September 5, 2013 same Trial November 5, 2013 same Dated: October 9, 2012 MARDEROSIAN, RUNYON,

CERCONE & LEHMAN By: /s/ Michael G. Marderosian Michael G. Marderosian, Attorney for Defendants above-named. Dated: October 9, 2012 LAW OFFICE OF KYLE J. HUMPHREY By: /s/ Jared M. Thompson Jared M. Thompson, Attorney for Plaintiff

ORDER

Before the Court is the stipulation to amend the scheduling order. The amendment is sought as a result of busy trial schedules which have delayed discovery efforts. Unfortunately, despite the intentions of counsel, the proposed dates do impact the pretrial and trial dates. The press of the Court's calendar requires there be an eight-week interval between the hearing on a dispositive motion and the pretrial conference. Therefore, thought the Court will GRANT the stipulation in PART, it cannot approve of the dates related to the dispositive motion.

Therefore, it is ORDERED that the scheduling order be modified as follows: Deadline/Hearing Current Date Modified Date Non-Expert Discovery Cutoff January 11, 2013 April 12, 2013 Disclosure of Expert Witnesses February 15, 2013 April 12, 2013 Disclosure of Rebuttal Expert Witnesses March 15, 2013 April 26, 2013 Expert Discovery Cutoff April 5, 2013 May 17, 2013 Non-Dispositive Motions April 19, 2013 May 24, 2013 (Deadline to File)

Hearing on Non-Dispositive Motions May 17, 2013 June 21, 2013 Dispositive Pretrial Motions May 31, 2013 May 31, 2013 (Deadline to File)

Hearing on Dispositive Motions July 15, 2013 July 15, 2013 IT IS SO ORDERED.

20121009

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