Van Horn vs. Hornbeak, et al.

Filing 124

STIPULATION and ORDER RE EXTENSION OF DISCOVERY DEADLINES - Fact Discovery Closes 11/13/2009, except MCH does not stipulate to the extension of fact discovery to this date other than discovery MCH is ordered to provide as a result of the 9/18/2009 he aring on the pending Motion to Compel, Expert Reports due by 12/11/2009, Rebuttal expert reports due 1/8/2010, Expert Discovery closes 1/29/2010, Non-Dispositive Motions due by 2/10/2010, Hearing by 3/12/2010, Settlement Conference set for 1/20/2010 at 10:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. The remaining dates in this case shall remain unchanged. signed by Magistrate Judge Dennis L. Beck on 9/8/2009. (Hernandez, M)

1 CHRISTINE SAUNDERS HASKETT (SBN 188053) 2 E. DANIEL ROBINSON (SBN 254458) 3 JESSE R. GOODMAN (SBN 257990)
COVINGTON & BURLING LLP 4 One Front Street San Francisco, California 94111-5356 5 Telephone: [phone] Facsimile: 415.591.6091 6 Email: [e-mail] SAMUEL F. ERNST (SBN 223963)

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Attorneys for Plaintiff UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION Case No.: 1:08-CV-01622 LJO-DLB Plaintiff, v. TINA HORNBEAK individually and as Warden of Valley State Prison For Women; JAMES E. TILTON individually and as Secretary of the California Department of Corrections and Rehabilitation; ROBIN DEZEMBER individually and as Chief Deputy Secretary of California Department of Corrections and Rehabilitation; JEFF THOMPSON individually and as Director of California Department of Corrections and Rehabilitation; ROBERT SILLEN individually and as former California Health System Receiver; CLARK KELSO individually and as acting California Health System Receiver; DR. VIRK (First Name Unknown) individually and as Chief Medical Officer of Valley State Prison for Women; JAMES HEINRICH individually and as a physician employed at Valley State Prison for Women; MADERA COMMUNITY HOSPITAL; TINA DHILLON an individual; and NAEEM SIDDIQI an individual, Defendants. STIPULATION AND ORDER RE EXTENSION OF DISCOVERY DEADLINES

8 DONDI VAN HORN 9 10 11 12 DONDI VAN HORN, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
SF: 124315-10

STIPULATION AND [PROPOSED] ORDER RE EXTENSION OF DISCOVERY DEADLINES; CASE NO. 1:08CV-01622 LJO-DLB

1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 2 3 2009; 4
WHEREAS Plaintiff Dondi Van Horn intends to depose Defendants Heinrich, and WHEREAS the deadline for fact discovery in this case is currently set for September 30,

5 Hornbeak, along with multiple third-party witnesses, and sought to schedule such depositions with 6 Defendants' counsel on August 5, 2009; 7
WHEREAS Counsel for Defendants Heinrich, Hornbeak, Virk, Thompson, Tilton, and

8 Dezember ("Prison Defendants") is unavailable for depositions until at least the last week of 9 September and wishes to schedule those depositions for the last day of September and other dates in 10 October; 11
WHEREAS Counsel for Prison Defendants also represents a third-party witness that

12 Plaintiff seeks to depose; 13
WHEREAS the Court has granted Plaintiff's Motion to Compel production of documents

14 from Defendant Madera Community Hospital ("MCH"); 15
WHEREAS MCH and Plaintiff disagree about the scope of the Court's Order Granting

16 Plaintiff's Motion to Compel MCH such that Plaintiff has not yet received any documents pursuant 17 to the Order; 18
WHEREAS Dr. Tina Dhillon has suffered health issues that required the parties to postpone

19 her deposition which had been planned for August 5, 2009; and 20
WHEREAS the Court has continued Plaintiff's Motion to Amend to add Dr. Martin as a

21 defendant and Plaintiff's Motion to Compel further deposition testimony from MCH until 22 September 18, 2009; 23
WHEREAS MCH declines to stipulate to an extension of the fact discovery deadline with

24 respect to taking discovery from MCH except as noted below; 25
THEREFORE IT IS HEREBY STIPULATED AND AGREED between Plaintiff and

26 undersigned Defendants, by and through their respective counsel, that the deadlines in this case are 27 continued to the following dates: 28 2
STIPULATION AND [PROPOSED] ORDER RE EXTENSION OF DISCOVERY DEADLINES; CASE NO. 1:08CV-01622 LJO-DLB

1 2 3 4 5 6 7 8 9 10 11 12

1. Fact discovery closes: November 13, 2009, except MCH does not stipulate to the extension of fact discovery to this date other than discovery MCH is ordered to provide as a result of the September 18, 2009 hearing on the pending Motion to Compel further Rule 30(b)(6) depositions of MCH; 2. Expert reports due: December 11, 2009 3. Rebuttal expert reports due: January 8, 2010 4. Expert discovery closes: January 29, 2010 5. Non-Dispositive Motion filing deadline: February 10, 2010 6. Non-Dispositive Motion Hearing deadline: March 12, 2010 7. Settlement Conference: January 20, 2010 at 10:00 a.m., 8. The remaining dates in this case shall remain unchanged. Notwithstanding this stipulation, no party waives the right to bring further motions to

13 compel discovery or to further extend discovery deadlines. 14 15 16 17 18 19 20 21 DATED: August 28, 2009 22 23 24 25 26 27 28 3
STIPULATION AND [PROPOSED] ORDER RE EXTENSION OF DISCOVERY DEADLINES; CASE NO. 1:08CV-01622 LJO-DLB

DATED: August 28, 2009 COVINGTON & BURLING LLP By __/s/Christine Saunders Haskett_______ CHRISTINE SAUNDERS HASKETT Attorneys for Plaintiff DONDI VAN HORN EDMUND G. BROWN JR. Attorney General of the Sate of California By __/s/Diana Esquivel DIANA ESQUIVEL _______

Attorneys for Defendants Dr. Virk, James Heinrich, M.D., Tina Hornbeck, James E. Tilton, Robin Dezember, and Jeff Thompson

1 DATED: August 28, 2009 2 3 4 5 6 7 DATED: August 28, 2009 8 9 10 11 12 13 14 15 16 17 18 19 IT IS SO ORDERED. 20 21
DEAC_Signature-END:

WEISS MARTIN SALINAS & HEARST By __/s/Richard S. Salinas_______ RICHARD S. SALINAS Attorneys for Defendant Tina Dhillon, M.D.

BAKER MANOCK & JENSEN By __/s/Christopher D. Bell _______ CHRISTOPHER D. BELL Attorneys for Defendant Naeem Siddiqi, M.D.

DATED: August 28, 2009

MCCORMICK BARSTOW SHEPPARD WAYTE & CARRUTH LLP By __/s/Daniel Wainwright DANIEL WAINWRIGHT _______

Attorneys for Defendant Madera Community Hospital

Dated:

September 8, 2009

/s/ Dennis

L. Beck

UNITED STATES MAGISTRATE JUDGE

22 23 24 25 26 27 28

3b142a

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STIPULATION AND [PROPOSED] ORDER RE EXTENSION OF DISCOVERY DEADLINES; CASE NO. 1:08CV-01622 LJO-DLB