Genea Scott v. Suryadevera et al

Filing 98

JOINT STIPULATION And ORDER RESCHEDULING DISCOVERY DEADLINES AND TRIAL DATE, signed by Judge Oliver W. Wanger on 1/7/2009. (Discovery Deadline (expert) due by 10/23/2009, Expert Disclosure due by 8/28/2009, Discovery Deadline (non-expert) due by 6/26 /2009, Dispositive Pre-Trial Motion Filing due by 4/27/2010, Rebuttal or Supplemental Expert Disclosure due by 9/21/2009, Non-Dispositive Pre-Trial Motion Filing due by 11/12/2009, Jury Trial set for 9/14/2010 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger, Pretrial Conference set for 8/9/2010 at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger, Settlement Conference set for 6/7/2010 at 10:00 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin) (Scrivner, E)

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William M. White #152214 Suzanne D. McGuire #203888 Sherrie M. Flynn #240215 BAKER MANOCK & JENSEN, PC 5260 North Palm Avenue, Fourth Floor Fresno, California 93704 Telephone: [phone] Facsimile: 559.432.5620 Attorneys for Defendant Muhammad Anwar, M.D.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

GENEA SCOTT, et al., v. Plaintiffs,

SAMPATH SURYADEVARA, M.D., et al., Defendants.

) No. 1:05-CV-01282-OWW-GSA ) ) JOINT STIPULATION AND ORDER ) RESCHEDULING DISCOVERY ) DEADLINES AND TRIAL DATE ) ) ) ) ) ) ) )

Pursuant to the Local Rules of the United States District Court for the Eastern District of California, Rule 83-143, Plaintiffs Genea Scott, Regina Boyce and Julie Holmes, and Defendants Debra Jacquez; Gwendolyn Mitchell; Sampath Suryadevara, M.D., Juan Jose Tur, M.D.; Shelly Kruse, M.D.; Muhammad Anwar, M.D.; and Madera Community Hospital, through their counsel of record, STIPULATE AND AGREE AS FOLLOWS: 1. On December 26, 2006, the Court entered an order consolidating for

purposes of discovery the above-entitled matter with the related case of Brenda Allen v. Jeanne Woodford, et al., Case No. 1:05-cv-01104-OWW-GSA. 2. On March 28, 2008, the Court entered a Scheduling Conference Order

(Document No. 96) setting forth the following deadlines in this matter:
JOINT STIPULATION AND [PROPOSED] ORDER RESCHEDULING DISCOVERY DEADLINES AND TRIAL DATE

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Discovery Deadline (non-expert): Expert Disclosure Deadline: Rebuttal or Supplemental Expert Disclosure Deadline: Discovery Deadline (expert): Non-Dispositive Pre-Trial Motion Filing Deadline: Settlement Conference: Dispositive Pre-Trial Motion Filing Deadline: Pre-Trial Conference Date: Trial Date: 3.

January 9, 2009 February 27, 2009 March 30, 2009 May 8, 2009 May 22, 2009 June 4, 2009 June 9, 2009 August 17, 2009 September 29, 2009

Plaintiffs and Defendants have engaged in some discovery, and in the

related case of Allen v. Woodford, et al., Plaintiff served document subpoenas on Non-Party employees of the state of California on May 24, 2007 and June 7, 2007. However a dispute arose regarding whether the Non-Parties are required to produce the documents, or whether the Eleventh Amendment immunizes the Non-Parties from having to respond to Ms. Allen's subpoenas. 4. On February 20, 2008, the Court granted Plaintiff Allen's motion to

compel the Non-Parties to produce all responsive documents. On April 3, 2008, the Court issued an order denying the Non-Parties' request for reconsideration of that ruling. On April 23, 2008, the Non-Parties filed a Notice of Appeal to the United States Court of Appeals for the Ninth Circuit (Document No. 228). 5. The appeal is currently pending before the Ninth Circuit. (Case No. 08-

016118). Based on the consolidation for purposes of discovery, to the extent any documents are produced in the Allen case, those documents would also be useable in this case. Plaintiffs contend that they cannot properly conduct discovery or prepare for trial until they know whether they will receive the documents in issue. Plaintiffs further contend that any Defendants and defense witnesses deposed while the appeal is pending would have to be deposed again if this Court's order compelling production of the documents is affirmed and the documents are produced. Defendants contend that if such documents are produced, Defendants are entitled to
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an opportunity to question witnesses regarding the content of such documents, and thus Defendants cannot complete discovery until it is known whether or not any documents will be produced by the Non-Parties. 6. Therefore, in order to avoid unnecessary expense and duplicated effort, the

parties stipulate and request that the current trial date and deadlines be vacated and new dates and deadlines be set as the following Discovery Deadline (non-expert): Expert Disclosure Deadline: Rebuttal or Supplemental Expert Disclosure Deadline: Discovery Deadline (expert): Non-Dispositive Pre-Trial Motion Filing Deadline: Dispositive Pre-Trial Motion Filing Deadline: Mandatory Settlement Conference: Pre-Trial Conference Date: Trial Date: June 26, 2009 August 28, 2009 September 21, 2009 October 23, 2009 November 12, 2009 April 27, 2010 June 7, 2010 August 9, 2010 September 14, 2010

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD: DATED: December 17, 2008 BINGHAM MCCUTCHEN LLP By: /s/ Sandra C. Zuniga John D. Pernick Sandra C. Zuniga Attorneys for Plaintiffs GENEA SCOTT, REGINA BOYCE and JULIE HOLMES DATED: December 17, 2008 ATTORNEY GENERAL OF THE STATE OF CALIFORNIA By: /s/ William A. Krabbenhoft WILLIAM A. KRABBENHOFT Deputy Attorney General Attorneys for Defendants Debra Jacquez, Shelly Kruse, Gwendolyn Mitchell, Sampath Suryadevara, M.D., and Juan Jose Tur, M.D. DATED: December 17, 2008 MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH By: /s/ Daniel Wainwright Mario L. Beltramo, Jr. Daniel L. Wainwright Attorneys for Defendant MADERA COMMUNITY HOSPITAL DATED: December 17, 2008 BAKER MANOCK & JENSEN, PC By: /s/ Suzanne D. McGuire William M. White Suzanne D. McGuire Sherrie M. Flynn Attorneys for Defendant MUHAMMAD ANWAR, M.D.

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PURSUANT TO THE STIPULATION, IT IS SO ORDERED. DATED: 1/7/2009 /s/ OLIVER W. WANGER The Honorable Oliver W. Wanger United States District Court Eastern District of California

DMS: 700790_1.doc

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