Stoeckel v. Clovis ( 2023 )

1 D daA llL enE @ L a. gA hL wL laE wN .c, oJ mR. , State Bar No. 145279 2 KEVIN P. ALLEN, State Bar No. 252290 kallen@aghwlaw.com 3 WILLIAM A. ASPINWALL, State Bar No. 308919 waspinwall@aghwlaw.com 4 ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP 180 Montgomery Street, Suite 1200 5 San Francisco, CA 94104 Telephone: (415) 697-2000 6 Facsimile: (415) 813-2045 7 Attorneys for Defendants CITY OF CLOVIS, MEREDITH ALEXANDER, 8 TIMOTHY DRONEK, and JACOB MULHERN 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 FRESNO COURTHOUSE 12 DALLAS STOECKEL, Case No. 1:22-cv-00070-ADA-BAM 13 Plaintiff, JOINT STIPULATION TO EXTEND CASE 14 DEADLINES; [PROPOSED] v. 15 ORDER DENYING STIPULATION CITY OF CLOVIS, et al., WITHOUT PREJUDICE 16 Defendants. 17 18 19 TO THE COURT: 20 Plaintiff DALLAS STOECKEL (“Plaintiff”), defendants CITY OF CLOVIS, 21 MEREDITH ALEXANDER, TIMOTHY DRONEK, and JACOB MULHERN (“City 22 Defendants”), and defendant JOHNATHAN RODRIGUEZ, by and through their attorneys of 23 record, stipulate to extending all current case deadlines by approximately 60 days (see chart 24 below). 25 The parties make this request in good faith, and recognize that stipulations to continue 26 case deadlines must include good cause. (Dkt. No. 20, 5:14-24). The parties have strived with due 27 diligence to litigate this matter, and the good cause for their request is as follows: 28 All parties have served their Rule 26 Initial Disclosures, the City Defendants have served 1 written discovery (and received responses), and the City Defendants have also subpoenaed 2 Plaintiff’s incident-related medical records. The parties have also met-and-conferred about a new 3 date for Plaintiff’s deposition (it got rescheduled from January 26, 2023). The deposition will take 4 place on February 14, 2023. 5 The parties are scheduled for private mediation on February 22, 2023. To maximize the 6 opportunity for settlement, the parties wish to avoid unnecessary litigation costs between now and 7 the mediation. To that end, they hoped to avoid discovery except for Plaintiff’s deposition (e.g., 8 avoid defense party depositions and defense medical examination). Unfortunately, the current fact 9 discovery cutoff makes this endeavor difficult, as such discovery closes on March 27, 2023. So in 10 order to enhance the parties’ settlement efforts, they respectfully stipulate to, and request, 11 extension of all case deadlines by approximately 60 days, follows: 12 13 Event Current Deadline (Dkt. No. New, Proposed 14 20) Deadline 15 Non-Expert March 27, 2023 May 30, 2023 16 Discovery Cutoff 17 Expert Disclosures May 1, 2023 July 3, 2023 18 Supplemental Expert May 30, 2023 August 1, 2023 19 Disclosures 20 Expert Discovery July 31, 2023 October 2, 2023 21 Cutoff 22 Dispositive Motion September 7, 2023 November 9, 2023 23 Filing Deadline 24 Pretrial Conference February 12, 2024 April 15, 2024 25 Trial April 16, 2024 June 18, 2024 26 27 28 1 Granting this extension will provide the parties their best opportunity to resolve this 2 matter, as well as leave sufficient time to complete discovery in the event the matter does not 3 happen to resolve at mediation. 4 The parties appreciate the Court’s consideration of this stipulated request. Please the 5 accompanying declaration of Kevin P. Allen in support of this stipulation. 6 7 Respectfully submitted, 8 Dated: February 8, 2023 LAW OFFICE OF KEVIN G. LITTLE 9 10 By /s/ Michelle Tostenrude KEVIN G. LITTLE 11 MICHELLE L. TOSTENRUDE Attorneys for Plaintiff 12 DALLAS STOECKEL 13 Dated: February 8, 2023 LOZANO SMITH 14 By /s/ Wiley R. Driskill 15 MARK K. KITABAYASHI WILEY R. DRISKILL 16 Attorneys for Defendant MADERA COUNTY SHERIFF’S 17 DEPUTY JOHNATHAN 18 RODRIGUEZ 19 20 Dated: February 8, 2023 ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP 21 22 By: /s/ Kevin P. Allen DALE L. ALLEN, JR. 23 KEVIN P. ALLEN Attorneys for Defendants 24 CITY OF CLOVIS, MEREDITH ALEXANDER, TIMOTHY DRONEK, and 25 JACOB MULHERN 26 27 28 1 ORDER 2 Generally, settlement discussions, in and of themselves, are not good cause to modify a 3 scheduling order. See Gerawan Farming, Inc. v. Rehrig Pacific Co., 2013 WL 645741, at *5 4 (E.D. Cal. Feb. 21, 2013). The parties have not adequately explained why they are unable to 5 complete the remaining non-expert discovery, e.g., defense depositions and defense medical 6 examination, in the time allotted between the scheduled mediation on February 22, 2023, and the 7 non-expert discovery cutoff of March 23, 2023, if the matter does not resolve at mediation. 8 Accordingly, the parties’ stipulation is DENIED without prejudice. 9 IT IS SO ORDERED. 10 11 Dated: February 10, 2023 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28