J.M. v. Parlier Unified School District ( 2023 )

1 D daA llL enE @ L a. gA hL wL laE wN .c, oJ mR. , State Bar No. 145279 2 JOHN B. ROBINSON, State Bar No. 297065 jrobinson@aghwlaw.com 3 ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP 180 Montgomery Street, Suite 1200 4 San Francisco, CA 94104 Telephone: (415) 697-2000 5 Facsimile: (415) 813-2045 6 Attorneys for Defendants CITY OF PARLIER and OFFICER NEIL O’BRIEN 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 J.M., a minor, Case No. 1:21-CV-0261-AWI-BAM 11 Plaintiff, Hon. Judge Barbara A. McAuliffe 12 v. PROPOSED STIPULATION TO EXTEND 13 DISCOVERY AND DISPOSITIVE MOTION PARLIER UNIFIED SCHOOL DEADLINES; DECLARATION OF DALE L. 14 DISTRICT, CITY OF PARLIER, ALLEN, JR. IN SUPPORT OF OFFICER NEIL O’BRIEN, and GEORGE MODIFICATION OF SCHEDULING ORDER 15 ALVARADO, ORDER 16 Defendants. 17 / / / 18 / / / 19 / / / 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 28 1 In Dkt. Number 36 issued March 9, 2022 the court issued its scheduling order setting 2 February 14th, 2023 for closure of non-expert discovery. The parties have stipulated to extend the 3 deadlines through dispositive motions and request the stipulation be granted for good cause as set 4 forth in the attached declaration of Dale L. Allen, Jr. The new dates requested are as follow: 5 Non-Expert Discovery Deadline - April 14, 2023 6 Expert Disclosure- June 14, 2023 7 Supplemental Expert Disclosure- July 14. 2023 8 Expert Discovery Deadline August 14, 2023 9 Pretrial motion filing Deadline- September 14, 2023 10 The stipulation to modify the scheduling order will not change the pretrial or trial dates. 11 This is the first request by stipulation and good cause to extend dates filed in this matter. 12 Respectfully submitted, 13 Dated: January 11, 2023 ALLEN, GLAESSNER, 14 HAZELWOOD & WERTH, LLP 15 By: /s/ Dale L. Allen 16 DALE L. ALLEN, JR. Attorneys for Defendants 17 CITY OF PARLIER and OFFICER NEIL O’BRIEN 18 19 20 Dated: January 11, 2023 21 By: /s/ Rebecca Coll 22 Rebecca Mary Coll James A Quadra 23 Attorneys for Plaintiff CITY OF PARLIER 24 25 26 27 28 1 2 Dated: January 11, 2023 3 By: /s/ Laura Wolfe 4 Attorneys for Laura A. Wolfe 5 Attorneys for Defendant Parlier Unified School District 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 DECLARATION OF DALE L. ALLEN, JR. IN SUPPORT OF MODIFICATION OF SCHEDULING ORDER 2 3 I, Dale L. Allen, Jr. hereby declare; 4 1. I am an attorney at law in the State of California and accepted to practice in the 5 Eastern District of California. 6 2. I am the attorney of record for the City of Parlier and Officer Neil O’Brien, 7 defendants in this action. 8 3. Good cause exists for the modification for the scheduling order for the following 9 reasons. 10 4. After a defense and indemnity was extended to Officer O’Brien as an employee of 11 the City of Parlier under the terms of a contract with the Central San Joaquin Valley Risk 12 Management Pool, and subsequent to the issuance of the scheduling order Dkt. #36 issued 3/9/22, 13 the defense and indemnity was rescinded leading to a protracted dispute over coverage. This 14 delayed discovery commencing until the issue was resolved and the defense of Mr. O’Brien was 15 again extended on September 29, 2022. 16 5. By the time the defense of Mr. O’Brien was resolved Ms. Wolfe, representing the 17 Parlier Unified School District had filed notice of unavailability for medical reasons. This further 18 delayed moving forward with discovery. See Dkt. #35. 19 6. The parties have agreed to go to a settlement conference and desire to go to 20 settlement conference before incurring fees and costs of depositions. 21 7. The dates proposed will not impact the current pretrial and trial dates. 22 Respectfully submitted, 23 Dated: January 11, 2023 ALLEN, GLAESSNER, 24 HAZELWOOD & WERTH, LLP 25 By: /s/ Dale L. Allen 26 DALE L. ALLEN, JR. Attorneys for 27 CITY OF PARLIER and OFFICER NEIL O’BRIEN 28 1 ORDER 2 Pursuant to the parties’ stipulation, and good cause appearing, the request to modify the 3 Scheduling Order and extend the deadlines through dispositive motions is GRANTED. Fed. R. 4 Civ. P. 16(b)(4). The deadlines in the Scheduling Order (Doc. 36) are modified as follows: 5 Non-Expert Discovery Deadline: April 14, 2023 6 Expert Disclosure: June 14, 2023 7 Supplemental Expert Disclosure: July 14. 2023 8 Expert Discovery Deadline: August 14, 2023 9 Pretrial Motion Filing Deadline: September 14, 2023 10 As stipulated, the pretrial and trial dates remain unchanged. 11 The parties are reminded that settlement discussions generally do not constitute good 12 cause justifying modification of a pretrial scheduling order. See, e.g., Gerawan Farming, Inc. v. 13 Rehrig Pacific Co., No. 11-cv-01273-LJO-BAM, 2013 WL 1164941, *4 (E.D. Cal. Mar. 20, 14 2013). Should the parties desire the Court to schedule a settlement conference, they should 15 contact the Courtroom Deputy at evaldez@caed.uscourts.gov. 16 IT IS SO ORDERED. 17 18 Dated: January 12, 2023 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28