Pust v. Placerville et al
Filing
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STIPULATION and ORDER signed by Judge Morrison C. England, Jr. on 6/7/2011 ORDERING that Pltf's Use of Force Expert's report and necessary declaration may be filed 10 days later, on or prior to 6/10/2011. (Zignago, K.)
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Peter B. Tiemann, SBN 195875
LAW OFFICE OF PETER B. TIEMANN, PC
4989 Golden Foothill Parkway
Suite 4
El Dorado Hills, CA 95762
Tel: (916) 941-7300
Fax: (530) 621-9990
Attorneys for Plaintiff:
David Allen Pust
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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)
)
)
Plaintiff,
)
)
vs.
)
)
CITY
OF
PLACERVILLE;
GEORGE)
NEILSEN, individually and in his)
official capacity as Chief of)
Placerville Police’s Department;)
Placerville Police Officer JASON)
)
ALGER; Placerville Police Officer)
MICHAEL
ELLEDGE;
Placerville
Police
Officer
BEN
SCHOLTZ;
COUNTY OF EL DORADO; JEFF NEVES
individually and in his official
capacity as Sheriff of the El
Dorado
County
Sheriff’s
Department;
El Dorado County
Sheriff Deputy JOHN ROBERTSON,
Does 1 though 10.
DAVID ALLEN PUST,
Case No. 2:09-CV-02730-MCE-JFM
STIPULATION OF THE PARTIES TO
EXTEND TIME FOR DISCLOSURE OF USE
OF FORCE EXPERT REPORT AND
DECLARATION
COMPLAINT FILED:
TRIAL DATE:
9/30/09
1/30/12
Defendants.
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_____________________________________________________________________
-1Stipulation of the Parties
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IT IS HEREBY STIPULATED BETWEEN THE PARTIES HERETO, AND THROUGH
THEIR RESPECTIVE COUNSEL:
The parties hereby stipulate that the Plaintiff’s Use of Force
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Expert’s report and necessary declaration may be filed 10 days later
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than required, on or prior to June 10, 2011, as a result of good
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cause.
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The good cause for the extension of time for the report is as
follows:
The Plaintiff’s Use of Force expert Barry v. Brodd of BVB &
Associates, was unable to complete the report because on Saturday May
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21, 2011 he had to travel to North Carolina to visit his seriously
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elderly aunt/godmother who was entering into hospice care.
He will
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not return to California until June 7, 2011.
The expert has reviewed
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the materials and states that he will have the report completed by
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June 10, 2011.
Pursuant to the courts scheduling order dated February 2, 2010
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the disclosure of experts, and accompanying written reports were due
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not later than May 31, 2011.
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Through this stipulation the parties hereby agree that the
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Plaintiff’s Use of Force Expert’s report and necessary declaration
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may be filed 10 days later, on or prior to June 10, 2011.
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Dated: 5/27/11
LAW OFFICE OF PETER B. TIEMANN
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By: /s/Peter B. Tiemann
PETER B. TIEMANN,
Attorney for Plaintiff,
DAVID PUST
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_____________________________________________________________________
-2Stipulation of the Parties
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Dated:_5/30/11____________________ FERGUSON, PRAET & SHERMAN, PC
By: /s/Bruce Praet
Bruce Praet
Attorney for Defendants,
CITY OF PLACERVILLE,
GEORGE
NEILSEN, MICHAEL ELLEDGE, AND
BEN SCHOLTZ
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Dated: 5/30/11
TONON AND ASSOCIATES
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By:__/S/Gail Tonon__
Gail Tonon
Attorney for Defendant,
JASON ALGER
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Dated:
5/30/11
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CAULFIELD, DAVIES& DONAHUE, LLP
By:_/S/Andrew T. Caulfield ___
Andrew T. Caulfield
Attorney for Defendants, COUNTY OF
EL DORADO, JEFF NEVES AND JOHN
ROBERTSON
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ORDER
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Based on the foregoing Stipulation and good cause appearing
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therefor, IT IS HEREBY ORDERED that the Plaintiff’s Use of Force
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Expert’s report and necessary declaration may be filed 10 days later,
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on or prior to June 10, 2011, as a result of good cause in the above-
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entitled action with leave of Court.
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Date: June 7, 2011
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__________________________________
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE
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DEAC_Signature-END:
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_____________________________________________________________________
-3Stipulation of the Parties
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