The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge
STIPULATION TO AMEND THE SCHEDULING ORDER; ORDER THEREON Trial Date: January 28, 2014
Plaintiff YETUNDA WRIGHT and defendants CITY OF BAKERSFIELD, TIMOTHY BERCHTOLD and NOAH LANDERS, by and through their counsel of record, hereby stipulate and agree as follows:
The parties stipulate and agree that the Court should enter an Order amending the scheduling order in this case, such that the schedule be modified as follows. The requested continuances will not, in any way, affect the trial date of January 28, 2014.
Deadline/Hearing Current Date Requested Date Settlement Conference April 3, 2013 November 18, 2013 Non-Expert Discovery Cutoff April 30, 2013 August 2, 2013 Joint Expert Disclosure May 7, 2013 August 9, 2013 Joint Rebuttal Expert Disclosure May 28, 2013 August 30, 2013 Expert Discovery Cutoff June 21, 2013 September 20, 2013 Non-Dispositive Motion Filing June 21, 2013 September 20, 2013 Non-Dispositive Motion Hearing July 19, 2013 October 18, 2013 Dispositive Motion Filing August 9, 2013 November 8, 2013 Dispositive Motion Hearing September 13, 2013 December 6, 2013
The pretrial conference date of December 16, 2013, and the trial date of January 28, 2014, shall remain as currently set.
The parties so stipulate because:
1. The deposition of defendant and former Bakersfield police officer Noah Landers remains to be taken in this case. Noah Landers resides in Northfield, Minnesota, and as such additional time is needed to coordinate his appearance for deposition;
2. Plaintiff's counsel, Daniel Rodriguez and John A. Kawai, are scheduled to begin a three-week trial on April 8, 2013, in Kern County Superior Court, case no. S-1500-CV- 270679. The sixteen (16) expert depositions taken in February and March of this year have made scheduling discovery in the present case particularly difficult.
3. Defense counsel, Michael G. Marderosian and Heather S. Cohen, are scheduled to begin a two-month trial in the United States District Court in Santa Ana on June 25, 2013, in the case of Abarca, et al. v. Merck & Co., Inc., et al., case no. 1:07-CV-388-
-SAB. The Abarca case was originally scheduled for trial on January 22, 2013 but was reset several times because the trial judge underwent surgery. The trial was set to commence on March 26, 2013 but recently had to be rescheduled to commence on June 25, 2013 because a long-delayed criminal matter was scheduled for the same date and took precedence over the civil matter.
4. It is not possible for the parties to complete all necessary discovery prior to the current non-expert discovery cutoff date of April 30, 2013.
5. The parties believe that this constitutes exceptionally good cause for an amendment of the scheduling order in this case, and believe that the additional requested will be sufficient to complete non-expert discovery.
Dated: March 21, 2013 RODRIGUEZ & ASSOCIATES By:_________________________________ Daniel Rodriguez John A. Kawai Attorneys for Plaintiff Dated: March 21, 2013 MARDEROSIAN, RUNYON, CERCONE & COHEN By:_________________________________ Michael G. ...