Opinion
AMIE McTAVISH, ESQ., KEVIN J. DEHOFF, ESQ., ANGELO, KILDAY & KILDUFF, LLP, Attorneys at Law, Sacramento, CA, JANICE D. MAGDICH, ESQ., City Attorney, City of Lodi, Lodi, CA, Attorneys for Defendant CITY OF LODI.
RAYMOND G. BALLISTER, JR. ESQ., PHYL GRACE, ESQ., CENTER FOR DISABILITY ACCESS, San Diego, CA, Attorney for Plaintiff JAMES SMITH.
JOINT REQUEST TO ENLARGE TIME; DECLARATION OF AMIE MCTAVISH IN SUPPORT THEREOF; ORDER
TROY L. NUNLEY, District Judge.
WHEREAS the deadline for non-expert discovery to be completed in this matter is July 6, 2015;
WHEREAS Plaintiff James Smith has noticed the deposition for the City of Lodi to produce a person with knowledge as to eleven categories concerning the facility that is the subject of this litigation;
WHEREAS the person best suited for this deposition, Wally Sandelin, the Public Works Director for the City of Lodi, cannot be deposed until August 13, 2015 due to scheduling conflicts;
IT IS HEREBY JOINTLY REQUESTED by Plaintiff, JAMES SMITH, and Defendant, CITY OF LODI, by and through their undersigned Counsel, as follows:
Enlarge time for discovery to be conducted to allow the deposition of Wally Sandlin to take place on August 13, 2015.
All other dates in the scheduling order to remain unchanged. ANGELO, KILDAY & KILDUFF, LLP
DECLARATION OF AMIE MCTAVISH
I, Amie McTavish, do hereby declare as follows:
1. I am an attorney at law duly licensed to practice before the Courts of the State of California and the United States District Court for the Eastern District of California.
2. I am an associate with the law firm of Angelo, Kilday & Kilduff. I am familiar with the pleadings and discovery in this case.
3. On May 4, 2015 my office received a deposition notice for "The City of Lodi" to commence on May 27, 2015.
4. The notice sought a deponent knowledgeable in eleven subjects in connection with the property that is the subject of this litigation.
5. Wally Sandelin, the Public Works Director for the City of Lodi, is the person best qualified for this deposition.
6. Due to vacations and scheduling conflicts, the May 27th date was not feasible for this deposition to take place.
7. The next date Mr. Sandelin and all counsel will be available for deposition is August 13, 2015.
8. I believe these circumstances establish Good Cause for a minimal modification of the existing scheduling order.
9. No other modification of the scheduling order is being sought.
I declare under penalty of perjury under the laws of the United States, that the forgoing is true and correct, that I have personal knowledge of the facts stated above, and that, if sworn as a witness, I would be competent to testify thereto.
Executed this 23rd day of June 2015, at Sacramento, California.
ORDER
IT IS HEREBY ORDERED that the enlargement of time for discovery as reflected heretofore is granted.