Marella v. City of Bakersfield et al

Filing 44

Stipulation Re Continuance of Date for Exchange of Expert Witness Disclosure and Modification of Scheduling ORDER; Order Thereon signed by Judge Oliver W. Wanger on 3/9/2010. ( Discovery by 4/5/2010) (Figueroa, O)

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1 2 3 4 5 6 7 8 9 10 11 12 0Michael G. Marderosian, No. 077296 Michael E. Lehman, No. 133523 Heather S. Cohen, No. 263093 MARDEROSIAN, RUNYON, CERCONE & LEHMAN 1260 Fulton Mall Fresno, CA 93721 Telephone: (559) 441-7991 Facsimile: (559) 441-8170 Virginia Gennaro, No. 138877 City Attorney CITY OF BAKERSFIELD 1501 Truxtun Avenue Bakersfield, CA 93301 Telephone: (661) 326-3721 Facsimile: (661) 852-2020 Attorneys for: Defendants CITY OF BAKERSFIELD, BAKERSFIELD POLICE DEPARTMENT, CHIEF WILLIAM RECTOR, OFFICER ANTHONY HERNANDEZ, OFFICER DENNIS PARK, OFFICER ERIC SOUTH, OFFICER PAUL YOON, and OFFICER STEPHEN KAUFFMAN UNITED STATES DISTRICT COURT 13 EASTERN DISTRICT OF CALIFORNIA / FRESNO DIVISION 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MARDEROS AN , I RUNYON, CERCONE & LEHMAN 1260 Fulton Mall Fr esno, CA 93721 LEONARD MARELLA, Plaintiff, v. CITY OF BAKERSFIELD; et al. Defendants. ) ) ) ) ) ) ) ) ) ) ) Case No. 1:09-CV-00453 OWW JLT STIPULATION RE CONTINUANCE OF DATE FOR EXCHANGE OF EXPERT WITNESS DISCLOSURES AND MODIFICATION OF SCHEDULING CONFERENCE ORDER; ORDER THEREON Current Trial Date: July 27, 2010 TO THE HONORABLE OLIVER W. WANGER, UNITED STATES DISTRICT COURT JUDGE: Through their respective attorneys of record, the parties hereto request a continuance of the current date for exchange of expert witnesses disclosures, including expert reports pursuant to F.R.C.P. Rule 26(a)(2) (presently set for March 15, 2010, as set forth in the Court's Order Re Continuance of Trial Date and Modification of Scheduling Conference Order dated January 11, 2010 [Dkt. No. 42]) to April 5, 2010. One prior request for continuance of the trial date and all relevant 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 /// dates thereto was made on January 6, 2010, by way of stipulation and said modification of the scheduling conference order was granted on January 11, 2010 [Order, Dkt. 42]. Good cause exists for the parties' request for continuance of the date for exchange of expert witness disclosures and reports in that transcripts of depositions, including that of the plaintiff, have not yet been completed by the court reporter and delivered to counsel. These transcripts are necessary in order for the parties' experts to prepare meaningful reports. As such additional time is necessary for the exchange of the expert witness disclosures and accompanying expert witness reports pursuant to F.R.C.P. Rule 26(a)(2)(B). Wherefore, the parties request that the Court continue the date for exchange of the expert witness disclosures to April 5, 2010. All other dates relative to the October 19, 2010, trial date shall remain on calendar as ordered by the court on January 11, 2010. Dated: March 9, 2010 By: /s/ Robert E. Dowd Robert E. Dowd, Attorney for Plaintiff above-named. Dated: March 9, 2010 16 17 18 19 20 21 MARDEROSIAN, RUNYON, CERCONE & LEHMAN By: /s/ Michael E. Lehman Michael E. Lehman, Attorney for Defendants above-named. ORDER 22 23 24 25 26 27 28 MARD ERO S AN , I RUNYON, CERCONE & LEHMAN 1260 Fulton Mall Fr esno, CA 93721 IT IS ORDERED that the date of exchange of expert witness disclosures in the abovereferenced matter be continued to April 5, 2010. IT IS SO ORDERED. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MARD ERO S AN , I RUNYON, CERCONE & LEHMAN 1260 Fulton Mall Fr esno, CA 93721 Dated: March 9, 2010 emm0d6ED STATES DISTRICT JUDGE /s/ Oliver W. Wanger 3

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