McCue et al v. South Fork Union School District et al

Filing 94

STIPULATION and ORDER EXTENDING THE DEADLINES IN AMENDED SCHEDULING CONFERENCE ORDER (DOC No. 78). Non- Expert Discovery Cut-Off: 7/15/2012., Expert Discovery Cut-Off : 8/7/2012.,Non-Dispositive Motions filed by 8/25/2012., Dispositive Motions filed by 8/30/2012, Dispositive Motion Hearing set for 10/1/2012 at 08:15 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill., Settlement Conference set for 10/26/2012 at 01:30 PM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng,Pretrial Conference set for 12/18/2012 at 08:15 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill., Jury Trial set for 1/29/2013 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill, signed by Magistrate Judge Michael J. Seng on 1/30/2012. (Yu, L)

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Anthony N. DeMaria, # 177894
Anil Pai, # 234189
McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
P.O. Box 28912
5 River Park Place East
Fresno, CA 93720-1501
Telephone:
[phone]
Facsimile:
[phone]

(SPACE BELOW FOR FILING STAMP ONLY)

Attorneys for Defendants
SOUTH FORK UNION SCHOOL DISTRICT;
ROBIN SHIVE; SHANNON DAMRON; KAREN
ZURIN; and SABINE MIXION

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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FRESNO DIVISION
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GRACIE DARLENE MCCUE,
LAWRENCE GENE MCCUE, and P.M.,
by and through his Guardian Ad Litem,
GRACIE DARLENE MCCUE,
Plaintiffs,

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Case No. 1:10-CV-00233-LJO-MJS
STIPULATION AND ORDER
EXTENDING THE DEADLINES IN
AMENDED SCHEDULING CONFERENCE
ORDER (DOC NO. 78)

v.
SOUTH FORK UNION SCHOOL
DISTRICT, a public entity; ROBIN
SHIVE, a public employee; SHANNON
DAMRON, a public employee; KAREN
ZURIN, a public employee, SABINE
MIXION, a public employee; KERN
COUNTY; CHILD PROTECTIVE
SERVICES aka KERN COUNTY CHILD
PROTECTIVE SERVICES aka KERN
COUTY DEPARTMENT OF HUMAN
SERVICES, a public entity; LINDA
LOPEZ, a public employee; GABRIELA
JOHNSON, a public employee; KERN
COUNTY SHERIFFS DEPARTMENT, a
public entity; JAMES D. STRATTON, a
public employee; RICK KOERNKE, an
individual; SANDY KOERNKE, an
individual; AND PERSONS AND
ENTITIES UNKNOWN AND DOES 1100 INCLUSIVE,

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Defendants.
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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP

STIPULATION AND ORDER EXTENDING DEADLINES IN SCHEDULING CONFERENCE ORDER
1:10-CV-00233-LJO-MJS

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The parties hereto, after conferring through their respective attorneys of record, stipulate
and agree, in the above-entitled matter, to the following date changes:

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As the parties have been unable to complete discovery due to the calendars of the

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attorneys and the volume of discovery required in this litigation, good cause under Federal Rule

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of Civil Procedure Rule 16 exists for the modification of the scheduling order. Despite the

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diligence of the parties, it will not be possible to complete the discovery necessary according to

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the currently scheduled dates. Specifically, there are over forty depositions still to be taken in this

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litigation, including at least twenty-nine of healthcare providers who have proven difficult to

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schedule, serve or otherwise accommodate for deposition. Since deposition discovery began in

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this case, over fifteen depositions have been taken to date. Another thirty-two depositions have

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already been noticed for dates between January 16, 2012 and the current non-expert discovery

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cut-off of March 15, 2012. These depositions include those of the plaintiffs and numerous

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healthcare providers, which will likely lead to the identification of additional witnesses and the

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need for additional depositions. In part resulting from the schedules of many of these healthcare

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providers, it will not be possible to complete discovery under the currently scheduled deadlines.

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Moreover, there are additional parties and witnesses who have been disclosed in Rule 26

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disclosures whose depositions have not yet been scheduled, and given the availability of the

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attorneys, it will not be possible to complete these depositions under the currently scheduled

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deadlines.

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The parties, therefore, stipulate and agree that the Trial date, Pre-Trial date, Settlement
Conference date and other deadlines previously set by this Court be extended as follows:

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(1) That the Non-Expert Discovery Cut-Off date be extended to July 15, 2012; and

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(2) That the Expert Discovery Cut-Off be extended to August 7, 2012; and

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(3) That the Non-Dispositive Pretrial Motion Cut-Off be extended to August 25, 2012;

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(4) That the deadline for the filing of Dispositive Motions be continued to August 30,

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP

2012;
(5) That the hearings on Dispositive Motions take place on September 30, 2012, or
another date convenient with the Court’s calendar;
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STIPULATION AND ORDER EXTENDING DEADLINES IN SCHEDULING CONFERENCE ORDER
1:10-CV-00233-LJO-MJS

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(6) That the Settlement Conference be continued to October 26, 2012, at 1:30 p.m., or
another date convenient with the Court’s calendar.
(6) That the Pre-Trial Conference be continued to December 17, 2012, at 11:00 a.m., or
another date convenient with the Court’s calendar;
(7) That the Trial of this matter be continued to January 28, 2013, at 9:00 a.m., or another
date convenient with the Court’s calendar.

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The parties further stipulate that these extensions and continuances are necessary given

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the volume of discovery remaining in this litigation despite the diligence of the parties, the

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schedules of the five trial attorneys, two for plaintiff and one each for each set of Defendants, and

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the lack of time remaining pursuant to the Amended Scheduling Conference Order.

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THE PARTIES HEREBY STIPULATE TO THE ABOVE.

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP

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STIPULATION AND ORDER EXTENDING DEADLINES IN SCHEDULING CONFERENCE ORDER
1:10-CV-00233-LJO-MJS

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Dated: January 24, 2012

LAW OFFICES OF ROBERT R. POWELL

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/s/ Robert R. Powell
Robert R. Powell, Esq.
Attorneys for Plaintiffs

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Dated: January 24, 2012

McCORMICK, BARSTOW, SHEPPARD
WAYTE & CARRUTH LLP

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/s/ Anil Pai
Anil Pai
Attorneys for Defendants, SOUTH FORK
UNION SCHOOL DISTRICT; ROBIN
SHIVE; SHANNON DAMRON; KAREN
ZURIN; and SABINE MIXION

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Dated: January 23, 2012

NORIEGA & ASSOCIATES

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/s/ Robert Noriega
Robert J. Noriega
Attorneys for Defendants RICK KOERNKE,
SANDY KOERNKE

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Dated: January 24, 2012

COUNTY OF KERN

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/s/ Mark Nations
Mark Nations, Chief Deputy
Attorneys for Defendant COUNTY OF KERN

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ORDER
The Court hereby orders that the terms of the above stipulation be put into effect with the
following dates:

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(1) Non-Expert Discovery Cut-Off: July 15, 2012;

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(2) Expert Discovery Cut-Of: August 7, 2012;

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(3) Non-Dispositive Pretrial Motion Cut-Off: August 25, 2012;

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(4) Deadline for the filing of Dispositive Motions: August 30, 2012;

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(5) Hearings on Dispositive Motions: September 30, 2012;

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(6) Settlement Conference: October 26, 2012, at 1:30 p.m.;

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(7) Pre-Trial Conference: December 18, 2012, at 8:15 a.m.;

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP

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STIPULATION AND ORDER EXTENDING DEADLINES IN SCHEDULING CONFERENCE ORDER
1:10-CV-00233-LJO-MJS

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(8) Trial: January 29, 2013, at 8:30 a.m.

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The parties are reminded that the caseload facing the District Court Judges sitting in this

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division of the Eastern District of California is overwhelming. While that may have enabled

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liberality in approving the time extensions provided for here, it may preclude flexibility in the

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future. If flexibility and/or a committed, reasonably early, trial date are important to the parties,

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they might wish to reconsider and consent to Magistrate Judge Jurisdiction.

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IT IS SO ORDERED.
Dated:

January 30, 2012

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP

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STIPULATION AND ORDER EXTENDING DEADLINES IN SCHEDULING CONFERENCE ORDER
1:10-CV-00233-LJO-MJS