Stanley v. State of California et al

Filing 12

STIPULATION and ORDER to Modify the Scheduling Order, signed by Magistrate Judge Gary S. Austin on 8/6/2012. (Kusamura, W)

Download PDF
1 2 3 4 5 6 KAMALA D. HARRIS, State Bar No. 146672 Attorney General of California SCOTT H. WYCKOFF, State Bar No. 191367 Supervising Deputy Attorney General WILLIAM H. LITTLEWOOD, State Bar No. 202877 Deputy Attorney General 2550 Mariposa Mall, Room 5090 Fresno, CA 93721 Telephone: (559) 477-1626 Fax: (559) 445-5106 E-mail: Attorneys for Defendant CDCR 7 8 9 10 11 Larry H. Shapazian, State Bar No. 120197 TOMASSIAN, PIMENTEL & SHAPAZIAN A PROFESSIONAL LAW PARTNERSHIP 3419 W. Shaw Avenue Fresno, CA 93711 Telephone: (559) 277-7300 Fax: (559) 277-7350 Attorneys for Plaintiff 12 13 IN THE UNITED STATES DISTRICT COURT 14 FOR THE EASTERN DISTRICT OF CALIFORNIA 15 FRESNO DIVISION 16 17 18 SOLOMON T. STANLEY, 19 20 1:11-cv-00981-LJO -GSA Plaintiff, JOINT STIPULATION AND ORDER TO MODIFY SCHEDULING ORDER v. 21 23 STATE OF CALIFORNIA; CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION; and DOES 1 through 100, inclusive, 24 Defendants. 22 No Hearing Requested 25 26 27 28 1 Joint Stipulation and Order to Modify Scheduling Order (1:11-cv-00981-LJO -GSA) 1 Pursuant to Federal Rule of Civil Procedure 16(b), Plaintiff SOLOMON T. STANLEY and 2 Defendant CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION 3 (collectively, “Parties”), by and through their counsel of record, jointly request that the Court 4 modify the Scheduling Order (Document 9) to allow the parties sufficient additional time to 5 complete both non-expert and expert discovery. 6 The Parties hereby stipulate as follows: 7 1. The parties have attempted to comply with the Court’s original Scheduling Order. 8 Despite those efforts, the Parties cannot reasonably complete non-expert and expert discovery 9 within the current case schedule. The Parties therefore request that the Court modify the non- 10 expert and expert discovery cutoffs by two months (as specifically set forth below), leaving in 11 tact all remaining case dates including the filing of pretrial motions, pretrial conference and trial. 12 2. The Parties represent that their inability to comply with the current case discovery 13 schedule was not foreseeable. Their inability is largely the result of deposition scheduling 14 difficulties presented by deponents (both parties and third parties) and counsel for the parties 15 being unavailable due to summer vacations, rendering it impossible for the parties to schedule and 16 complete non-expert depositions before the current non-expert discovery cut off of August 24, 17 2012. 18 3. In addition, Deputy Attorney General William H. Littlewood is currently transitioning 19 this matter to another attorney within the Attorney General’s Office, Connie R. Broussard, in light 20 of his impending departure from Attorney General’s Office. The parties agree that additional 21 good cause exists for the request brief extension of the non-expert and expert discovery cut-offs 22 to allow Ms. Broussard the opportunity to get up to speed with the instant case in order to take 23 over as attorney of record for the California Department of Corrections and Rehabilitation. 24 4. This is the Parties’ first request to modify the Scheduling Order in this case. 25 5. The Parties therefore agree that there is good cause to extend the deadlines in this 26 case as follows, with the trial date, pretrial conference date and pretrial motion filing deadline 27 remaining the same: 28 2 Joint Stipulation and Order to Modify Scheduling Order (1:11-cv-00981-LJO -GSA) 1 Event Original Date Requested Date 2 Non-Expert Discovery Cutoff August 24, 2012 October 24, 2012 Expert Disclosure August 31, 2012 October 31, 2012 Supplemental Expert Disclosure September 14, 2012 November 14, 2012 Expert Discovery Cutoff October 12, 2012 December 12, 2012 3 4 5 6 7 8 SO STIPULATED. Dated: July 31, 2012 Respectfully submitted, 9 11 KAMALA D. HARRIS Attorney General of California SCOTT H. WYCKOFF Supervising Deputy Attorney General 12 /s/ William H. Littlewood 13 WILLIAM H. LITTLEWOOD Deputy Attorney General Attorneys for Defendant CDCR 10 14 15 16 17 Dated: July 31, 2012 Respectfully submitted, 18 Tomassian, Pimentel & Shapazian 19 /s/ Larry H. Shapazian 20 LARRY H. SHAPAZIAN Attorneys for Plaintiff 21 22 23 24 IT IS SO ORDERED. 25 Dated: 26 August 6, 2012 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE DEAC_Signature-END: 27 6i0kij8d 28 3 Joint Stipulation and Order to Modify Scheduling Order (1:11-cv-00981-LJO -GSA)

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?