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STIPULATION AND ORDER PARTIALLY EXTENDING DISCOVERY 

CUTOFF

CASE NO. CIV S-04-873 WBS GGH 

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Gibbons & Conley 

ATTORNEYS AT LAW 

1333 N. California Blvd 

Suite 110 

Walnut Creek, CA 94596 

(925) 932-3600 

Fax (925) 932-1623 

AUSTIN R. GIBBONS, ESQ. SBN 034619 

SEAN C. CONLEY, ESQ. SBN 130814 

GIBBONS & CONLEY 

1333 North California Boulevard, Suite 110 

Walnut Creek, CA 94596 

Telephone: (925) 932-3600 Fax: (925) 932-1623 

Attorneys for Manteca Police Dept., Officers 

Doty, Muller, Schluer, Peters & Renfroe 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF CALIFORNIA 

SEAN GREGSON, 

Plaintiff, 

v. 

MANTECA POLICE 

DEPARTMENT; OFFICER DOTY, 

Individually and in his capacity as a 

Manteca Police Officer; OFFICER 

MULLER, Individually and in his 

capacity as a Manteca Police Officer; 

OFFICER SCHLUER, Individually 

and in his capacity as a Manteca 

Police Officer; OFFICER PETERS, 

Individually and in his capacity as a 

Manteca Police Officer; and 

OFFICER RENFROE, Individually 

and in her capacity as a Manteca 

Police Officer; and DOES 1-100, 

Defendants. 

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CASE NO. CIV S-04-873 WBS GGH 

 

STIPULATION AND ORDER 

PARTIALLY EXTENDING 

DISCOVERY CUTOFF 

 

Pre-trial Conf.: 1/22/07 

Trial Date: 3/27/07 

Honorable William B. Shubb

The parties hereby stipulate to and request an order continuing the discovery 

cutoff with respect to the deposition of Plaintiff’s expert, Mr. Roger Clark, due to 

Mr. Clark’s unavailability. 

The Court has scheduled the discovery cutoff in this action for August 30, 

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Case 2:04-cv-00873-WBS-GGH Document 32 Filed 09/01/06 Page 1 of 3
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STIPULATION AND ORDER PARTIALLY EXTENDING DISCOVERY 

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Gibbons & Conley 

ATTORNEYS AT LAW 

1333 N. California Blvd 

Suite 110 

Walnut Creek, CA 94596 

(925) 932-3600 

Fax (925) 932-1623 

2006. The expert disclosure timely took place on July 19, 2006. 

As soon as Defendants received Plaintiff’s expert disclosure, disclosing Mr. 

Roger Clark as Plaintiff’s police practices expert, Defendants’ counsel’s office 

contacted Plaintiff’s counsel for available dates for Mr. Clark’s deposition. 

Mr. Clark’s deposition was originally scheduled for the first mutually 

available date of August 25, 2006. Defendants served a subpoena on Mr. Clark for 

his deposition on this date. Subsequently, Plaintiff’s counsel advised that Mr. Clark 

had a conflict in his schedule, and asked that the deposition be moved to August 29, 

2006. Defense counsel agreed to this new date. Thereafter, the parties agreed to 

change the time of this deposition on August 26, again to accommodate Mr. Clark’s 

schedule. 

On August 28, 2006, Plaintiff’s counsel sent a letter to defense counsel 

stating that Mr. Clark was advised, on Sunday, August 27, 2006, that Mr. Clark 

would be unavailable for his scheduled deposition due to his obligation to testify in 

another action. A true and correct copy of that correspondence is attached. 

Counsel for the parties and the witness have made every effort to conduct 

Mr. Clark’s deposition within the time set by the Court for discovery cutoff. 

However, due to unforeseen scheduling conflicts, it is not possible to conduct Mr. 

Clark’s deposition before this deadline. The parties therefore request this court to 

extend the discovery cutoff only with respect to the deposition of Mr. Clark. The 

parties will reschedule this deposition at a mutually agreeable date in September 

2006. 

The parties have diligently proceeded with all discovery in this matter, and 

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Case 2:04-cv-00873-WBS-GGH Document 32 Filed 09/01/06 Page 2 of 3
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STIPULATION AND ORDER PARTIALLY EXTENDING DISCOVERY 

CUTOFF

CASE NO. CIV S-04-873 WBS GGH 

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Gibbons & Conley 

ATTORNEYS AT LAW 

1333 N. California Blvd 

Suite 110 

Walnut Creek, CA 94596 

(925) 932-3600 

Fax (925) 932-1623 

have not previously sought any extensions of time from the Court. 

The parties do not believe the requested extension will have any effect upon 

the scheduled pre-trial conference or trial date in this matter. 

Dated: August 28, 2006 GIBBONS & CONLEY 

By: /s/ Sean Conley 

AUSTIN R. GIBBONS 

SEAN C. CONLEY 

Attorneys for Defendants 

Dated: August 28, 2006 

By: /s/ Dennis Fleming 

DENNIS FLEMING 

Attorney for Plaintiff SHAWN GREGSON 

ORDER

The Court, having considered the Stipulation and request of the parties 

concerning the extension of the discovery cutoff with respect to the deposition of 

Roger Clark, and good cause appearing, orders as follows: 

The Status (Pre-Trial Scheduling) Order of January 25, 2006 is modified as 

follows: 

Discovery shall remain open solely with respect to the deposition of Mr. 

Roger Clark until September 29, 2006. 

No other modification is made to the Status (Pre-Trial Scheduling) Order. 

Dated: August 31, 2006 

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