Armstrong et al v. Merced County et al

Filing 45

STIPULATION and ORDER GRANTING the parties' request for a continuance of the following dates: Non-Expert Discovery due 7/15/2013; Expert Discovery due 10/23/2013; Plaintiffs' Designation of Expert Witnesses due by 8/15/2013; Defendants' ; Designation of Expert Witnesses due by 8/31/2013; Non-Dispositive Motions filed by 11/4/2013; Dispositive Motions filed by 12/9/2013; and the Settlement Conference, Pretrial Conference, and Jury Trial dates remain as previously set. Order signed by Magistrate Judge Sheila K. Oberto on 5/17/2013. (Rooney, M)

1
2
3
4
5
6

ROBERT D. PONCE (State Bar No.: 108069)
LAW OFFICES OF ROBERT D. PONCE
787 Munras Avenue, Suite 200
Monterey, CA 93940
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorney for Plaintiffs,
MARTHA ARMSTRONG and KERED ARMSTRONG,
a Minor, by and through his Guardian ad Litem,
MARTHA ARMSTRONG

7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10

FRESNO DIVISION

11
12

MARTHA ARMSTRONG,
KERED ARMSTRONG, a Minor, by and
through his Guardian ad Litem,
MARTHA ARMSTRONG,

13
Plaintiffs,
14
v.
15
MERCED COUNTY, et al.,
16
Defendants.
17
18

)
)
)
)
)
)
)
)
)
)
)
)
)

CASE NO.: 1:11-CV-01632-LJO-SKO

STIPULATION AND JOINT REQUEST
RESETTING PRE-TRIAL DATES;
ORDER

Counsel for the parties to this action, Robert D. Ponce, Law Offices of Robert D. Ponce,

19

on behalf of plaintiffs ARMSTRONG et. al., Jerome Varanini, Trimble, Sherinian & Varanini,

20

counsel for defendants, MERCED COUNTY, et al. and Stephen Shlens, Bertling & Clausen,

21

counsel for defendant, ROXANNE LONCTOT, R.N., hereby agree and stipulate to the

22

following:

23

1.

That various pre-trial dates be continued to later dates which are set forth below.

24

2.

That the trial of this action remain set for March 11, 2014.

25

The reason for the continuation of the pre-trial dates is to allow the parties to engage in

26

private mediation. The parties are undertaking extensive discovery. Defendants have taken the

27

depositions of plaintiffs, MARTHA ARMSTRONG, KERED ARMSTRONG, and Stephanie

28

Tross, Guardian ad Litem for DEREK ARMSTRONG, JR., and DEREK ARMSTRONG, JR.
__________________________________________________________________________________________________________________
STIPULATION AND JOINT REQUEST RESETTING PRE-TRIAL DATES; [PROPOSED] ORDER
Armstrong v. County of Merced, et al. - Case No.: 1:11-CV-01632-LJO-SKO

1

The parties have scheduled the depositions of Officer J. COLLINS, AMANDA GIBSON, R.N.,

2

ROXIE LONCTOT, R.N., Monica Jackson, R.N., Thiruk Viswanathan, M.D., and Phillip

3

Sampson, P.A. Other depositions may be scheduled.

4

Upon the conclusion of these fact witness depositions, the parties will utilize the services

5

of Jack Williams, Esq. (San Jose, CA), to mediate this case. The mediation is scheduled for July

6

1, 2013.

7

The proposed continuation of the pre-trial dates are as follows:

8

Currently Scheduled Date

9

Proposed New Date

11
12
13

June 14, 2013
September 23, 2013
July 15, 2013
July 31, 2013
October 3. 2013
November 8, 2013
January 9, 2013
January 30, 2014
March 11, 2014

DATED: May 13 , 2013

10

Non-Expert Discovery Cutoff
Expert Discovery Cutoff
Plaintiffs’ Expert Witness Reports Due
Defendants’ Expert Witness Reports Due
Non-Dispositive Motion Filing Deadline
Dispositive Motion Filing Deadline
Settlement Conference
Pre-Trial Conference
Jury Trial

July 18, 2013
October 23, 2013
August 15, 2013
August 31, 2013
November 4, 2013
December 9, 2013
Remains set
Remains set
Remains set

LAW OFFICES OF ROBERT D. PONCE

14
15
16

By:

17

/S/
ROBERT D. PONCE
Attorney for Plaintiffs

18
DATED: May 13 , 2013

TRIMBLE, SHERINIAN & VARANINI

19
20

By:

21

/S/
JEROME M. VARANINI
Attorney for Defendants Merced County, et al.

22
DATED: May 13 , 2013

BERTLING AND CLAUSEN

23
24
25

By:

/S/
STEVE SHLENS
Attorney for Defendant Roxanne Lonctot, R.N.

26
27
28

ORDER
The parties, having entered into a stipulation to continue pre-trial dates and further having
__________________________________________________________________________________________________________________
STIPULATION AND JOINT REQUEST RESETTING PRE-TRIAL DATES; [PROPOSED] ORDER
Armstrong v. County of Merced, et al. - Case No.: 1:11-CV-01632-LJO-SKO

-2-

1

stipulated to having the trial date remain as set, and good cause appearing therefore,

2
3

IT IS HEREBY ORDERED that the following dates be the effective dates for each pretrial deadline:

4

Non-Expert Discovery Cutoff

July 15, 2013

5

Expert Discovery Cutoff

October 23, 2013

6

Plaintiffs’ Expert Witness Reports Due

August 15, 2013

7

Defendants’ Expert Witness Reports Due

August 31, 2013

8

Non-Dispositive Motion Filing Deadline

November 4, 2013

9

Dispositive Motion Filing Deadline

December 9, 2013

10

The dates for the following remain set and are not continued:

11

Settlement Conference

January 9, 2014

12

Pre-Trial Conference

January 30, 2014

13

Jury Trial

March 11, 2014

14
15

IT IS SO ORDERED.

16

Dated:
ie14hj

May 17, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

17
18
19
20
21
22
23
24
25
26
27
28
__________________________________________________________________________________________________________________
STIPULATION AND JOINT REQUEST RESETTING PRE-TRIAL DATES; [PROPOSED] ORDER
Armstrong v. County of Merced, et al. - Case No.: 1:11-CV-01632-LJO-SKO

-3-