Guthrey v. California Department of Corrections and Rehabilitation et al

Filing 40

Joint STIPULATION and ORDER to Continue Pretrial and Trial Deadlines: Non-Expert Discovery Cutoff by 7/31/2012. Expert Disclosures by 8/31/2012. Rebuttal Expert Disclosures by 10/1/2012. Discovery Cutoff 10/31/2012. Non-Dispositive Motions filed by 11/15/2012. Dispositive Motions filed by 11/30/2012. EARLY SETTLEMENT CONFERENCE set for 8/28/2012 (was 11/16/2011) at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. LATER SETTLEMENT CONFERENCE set for 3/20/2013 (was 7/19/2012) at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. PRETRIAL CONFERENCE set for 4/18/2013 (was 8/6/2012) at 08:30 AM and JURY TRIAL set for 6/17/2013 (was 9/18/2012) at 08:30 AM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. signed by Magistrate Judge Barbara A. McAuliffe on 1/19/2012. (Herman, H)

1
2
3
4
5
6
7
8
9
10
11
12
13

Shannon Seibert (State Bar No. 240317)
Joe Bautista (State Bar No. 255708)
SEIBERT & BAUTISTA
18711 Tiffeni Drive #17-129
Twain Harte, California 95383
Telephone: [phone]
Facsimile: 888.874.8107
Attorneys for Plaintiff
KAMALA D. HARRIS
Attorney General of California
FIEL D. TIGNO
Supervising Deputy Attorney General
MICHAEL D. GOWE
Deputy Attorney General

State Bar No. 226989
1515 Clay Street, 20th Floor
P.O. Box 70550
Oakland, CA 94612-0550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants

14
15

UNITED STATES DISTRICT COURT

16

EASTERN DISTRICT OF CALIFORNIA
17
18
19
20
21
22
23
24
25

)
)
)
Plaintiff,
)
vs.
)
)
)
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND REHABILITATION, )
)
MICHAEL PATE, JR., and DOES 1
)
THROUGH 25, Inclusive,
)
)
)
Defendants.
)
)
)
RAYMOND GUTHREY,

1:10-cv-02177-AWI-BAM
JOINT STIPULATION AND ORDER TO
CONTINUE PRETRIAL AND TRIAL
DEADLINES

26
27
28
1
_________________________________________________________________________________________________

1

IT IS HEREBY STIPULATED between Raymond Guthrey, by and through his attorney,

2

Shannon Seibert, and California Department of Corrections and Rehabilitation and Michael Pate, Jr.,

3

by and through their attorney, Michael Gowe, Deputy Attorney General, that GOOD CAUSE exists

4

and the parties request that the Court continue the pretrial and trial deadlines based on the following:

5

1.

The complaint in this matter filed on November 19, 2010 and the case was assigned

6

to Hon. Oliver W. Wanger. The pre-trial and trial deadlines were established in Hon. Wanger’s

7

Scheduling Order filed on May 20, 2011.

8
9
10
11
12
13
14
15

2.

Counsel for the parties exchanged initial disclosures on June 2, 2011 and served

discovery requests in June and August 2011. Plaintiff’s deposition was taken on September 20,
2011. Defendant Pate’s deposition was scheduled to take place in October 2011 following Plaintiff’s
receipt of Defendants’ discovery responses.
3.

On September 27, 2011, defense counsel assigned to this matter, Deputy Attorney

General Jeffrey Schwarzschild, left the employment of the Attorney General’s office, and the matter
was transferred to Deputy Attorney General Michael Gowe.
4.

Defendants had not served their discovery responses before Mr. Schwarzschild’s

departure. The parties agreed to extend the time for Defendants’ discovery responses to allow

16

defense counsel to become familiar with the facts of the case.
17
18
19
20

5.

Each of the parties has now responded to the initial round of discovery requests of the

other, though matters remain in dispute regarding Plaintiff’s requests and Defendants’ responses.
The parties have engaged in lengthy meet and confer efforts and are working together toward
resolution of the disputed matters. The parties have agreed upon the entry of a protective order,

21

which the parties will submit for the Court’s approval by January 27, 2012, to protect sensitive

22

information that is responsive to Plaintiff’s disputed requests. The parties will schedule the

23

depositions of Defendant Pate and other witnesses upon resolution of the disputed matters and

24

expect that all depositions will be completed by May 2012.

25

6.

An Early Settlement Conference that was scheduled for January 18, 2012 has been

26

continued at the request of the parties. Counsel for the parties remain in agreement that a settlement

27

conference will be beneficial to the parties but believe that it will be more productive after the

28

deposition of Defendant Pate and the receipt by Plaintiff of additional discovery responses.
2
_________________________________________________________________________________________________

1
2
3

Based on the foregoing, the parties respectfully request that this Court continue the pretrial
and trial deadlines in the following manner:
1.

Non-Expert Discovery Cutoff

4

a.

Current:

January 31, 2012

5

b.

Proposed:

July 31, 2012

6

2.

Expert Disclosures

7

a.

Current:

February 29, 2012

8

b.

Proposed:

August 31, 2012

9

3.

a.

11

4.

March 30, 2012

Proposed:

October 1, 2012

Discovery Cutoff
a.

14

5.

Current:

April 29, 2012

b.

13

15

Current:

b.

10

12

Rebuttal Expert Disclosures

Proposed:

October 31, 2012

Non-Dispositive Motion Filing
a.

Current:

May 15, 2012

b.

Proposed:

November 15, 2012

16
17

6.

18

a.

7.

Current:

June 15, 2012

b.

19
20

Non-Dispositive Motion Hearing

Proposed:

December 14, 2012 at 9:30 a.m. before Judge McAuliffe

Dispositive Motion Filing

21

a.

Current:

May 30, 2012

22

b.

Proposed:

November 30, 2012

23

8.

Dispositive Motion Hearing

24

a.

Current:

July 2, 2012

25

b.

Proposed:

January 15, 2013 at 1:30 p.m. before Judge Ishii

26

9.

Early Settlement Conference

27

a.

Current:

November 16, 2011

28

b.

Proposed:

August 28, 2012 at 9:30 a.m. before Judge McAuliffe

3
_________________________________________________________________________________________________

1

10.

Later Settlement Conference

2

a.

Current:

July 19, 2012

3

b.

Proposed:

March 20, 2013 at 9:30 a.m. before Judge McAuliffe

4

11.

Pre-Trial Conference

5

a.

Current:

August 6, 2012

6

b.

Proposed:

April 18, 2013 at 8:30 a.m. before Judge Ishii

12.

7

Jury Trial

8

a.

Current:

September 18, 2012

9

b.

Proposed:

June 17, 2013 at 8:30 a.m. before Judge Ishii
Respectfully submitted,

10
11

DATED: January 19, 2012

SEIBERT & BAUTISTA

12

BY:
13
14
15

DATED: January 19, 2012

/s/ Shannon Seibert
Shannon Seibert
Attorneys for Plaintiff
KAMALA HARRIS
Attorney General of California
FIEL D. TIGNO
Supervising Deputy Attorney General

16
17

BY:

18
19
20
21

/s/ Michael Gowe
MICHAEL GOWE
Deputy Attorney General
Attorneys for Defendants

////

22

////

23

////

24

////

25

////

26

////

27

////

28

////
4
_________________________________________________________________________________________________

1

ORDER

2
3

The Court having considered the parties’ Stipulation to Continue Pretrial and Trial Deadlines
finds that good cause exists to continue the pretrial and trial deadlines to the following dates:

4

1.

Non-Expert Discovery Cutoff:

July 31, 2012

5

2.

Expert Disclosures:

August 31, 2012

6

3.

Rebuttal Expert Disclosures:

October 1, 2012

7

4.

Discovery Cutoff:

October 31, 2012

8

5.

Non-Dispositive Motion Filing:

November 15, 2012

9

6.

Non-Dispositive Motion Hearing: December 14, 2012 at 9:30 a.m. before Judge
McAuliffe

10

7.

12

Dispositive Motion Filing:

November 30, 2012

8.

11

Early Settlement Conference:

August 28, 2012 at 9:30 a.m. before Judge
McAuliffe

13

9.

14

Later Settlement Conference:

March 20, 2013 at 9:30 a.m. before Judge
McAuliffe

15

10.

Pre-Trial Conference:

April 18, 2013 at 8:30 a.m. before Judge Ishii

11.

Jury Trial:

June 17, 2013 at 8:30 a.m. before Judge Ishii

16
17
18
19

IT IS SO ORDERED.

20

Dated:

21

January 19, 2012

/s/ Barbara

A. McAuliffe

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

22
23

10c20kb8554

24
25
26
27
28
5
_________________________________________________________________________________________________