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JOHN L. BURRIS ESQ., SBN 69888

DEWITT LACY, ESQ., SBN 258789

K. CHIKE ODIWE, ESQ., SBN 315109

LAW OFFICES OF JOHN L. BURRIS

Airport Corporate Centre

7677 Oakport Street, Suite 1120

Oakland, California 94621

Telephone: (510) 839-5200

Facsimile: (510) 839-3882 

john.burris@johnburrislaw.com

dewitt.lacy@johnburrislaw.com

chike.odiwe@johnburrislaw.com

Attorneys for Plaintiff 

RON FRANKLIN

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

RON FRANKLIN, an individual 

 

 Plaintiff,

vs.

DENNIS MALLY, individually and in his 

capacity as an officer for the San Leandro Police 

Department; and DOES 1-50, inclusive, 

individually, jointly and severally,

 Defendants.

 

STIPULATION AND [PROPOSED] ORDER 

FOR PARTIAL

MODIFICATION OF SCHEDULING

ORDER 

Pursuant to Federal Rules of Civil Procedure Rule 16(b)(4), and the Scheduling Order issued 

by United States District Judge Haywood S, Gilliam Jr. on September 27, 2018 (the “Scheduling 

Order”), (ECF 37.) Plaintiff Ron Franklin, and Defendant Dennis Mally by and through undersigned 

counsel, hereby jointly stipulate and move to modify the Scheduling Order for good cause as follows:

1. Pursuant to the Scheduling Order, the cut-off for general discovery is February 25, 2019.

2. WHEREAS the parties intended to depose the only known percipient witnesses Jose Nunez, 

Sergio Macias, and Joana Styx before the discovery cut-off.
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3. WHEREAS Defendant’s Counsel attempted to set the deposition of the percipient witnesses 

for February 25, 2019.

4. WHEREAS Defendant’s Counsel was unsuccessful in securing the deposition of the 

percipient witnesses for February 25, 2019. 

5. WHEREAS Plaintiff’s Counsel has only recently located Joana Styx and Sergio Macias at 

their new address after retaining a private investigator. 

6. As a result of the recent location of Joana Styx and Sergio Macias and the need to locate and 

depose Jose Nunez, the parties request that the discovery closure date be extended to March 

25, 2019. 

7. Furthermore, Defendant’s Counsel intends to take the depositions of the paramedics, Travis 

Crothers and Tom Bowring, who arrived on scene shortly after the incident. The parties 

request that the discovery cut-off date be extended to March 25, 2019 so that the parties may 

take the depositions of civilian witnesses Jose Nunez, Sergeo Macias, Joanna Styx and 

paramedics Travis Crothers and Tom Bowring. 

IT IS RESPECTFULLY REQUESTED AND SO STIPULATED.

 LAW OFFICES OF JOHN L. BURRIS

Dated: February 25, 2019 /s K. Chike Odiwe_______________

 K. Chike Odiwe, Esq.,

 Attorney for Plaintiff

 RON FRANKLIN

DATED: February 28, 2019 BERTRAND, FOX, ELLIOT, OSMAN & WENZEL
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 /s/ Joanne Tran

Gregory M. Fox

Joanne Tran

Attorneys for the Defendants

CITY OF SAN LEANDRO and DENNIS 

 MALLY

 

 

ATTORNEY ATTESTATION

I, K. Chike Odiwe, am the ECF user whose identification and password are being used to file 

the foregoing documents. Pursuant to Civil Local Rule 5.1(i), I hereby attest that concurrence in the 

filing of these documents has been obtained from each of its Signatories.

Dated: February 25, 2019 /s/ K. Chike Odiwe

K. Chike Odiwe
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[PROPOSED] ORDER

Having considered the parties’ stipulation, the deadline to complete fact discovery is March 25, 

2019. IT IS SO ORDERED.

DATED: ______

THE HONORABLE HAYWOOD S. GILLIAM, JR.

 UNITED STATES DISTRICT JUDGE

3/1/2019