Hanna v. County of Fresno et al

Filing 80

ORDER GRANTING in PART and DENYING in PART Request to MODIFY the Scheduling Order. The deadlines are modified as follows: Non Expert Discovery: 2/8/2016; Expert Disclosure: 2/29/2016; Sup. Expert Disclosures: 3/25/2016; Expert Discove ry: 5/27/2016. Non-Dispositive Motion Deadlines: Filing 6/20/2016; Hearing 7/20/2016. Dispositive Motion Deadlines Remain As: Filing 6/20/2016; Hearing 7/20/2016. Settlement Conference reset for 4/8/2016, at 10:00 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng. Pre-Trial Conference remains set for 8/31/2016. Trial remains set for 10/12/2016. Order signed by Magistrate Judge Sheila K. Oberto on 9/7/2015. (Timken, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DOMINIC HANNA,
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Plaintiff,

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v.

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COUNTY OF FRESNO, et al.,

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Defendants.

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Case No. 1:14-cv-00142
ORDER GRANTING IN PART
AND DENYING IN PART REQUEST
TO MODIFY THE SCHEDULING
ORDER

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On September 9, 2015, the parties filed a stipulation to modify the

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scheduling order. (Doc. 78.) The parties maintain a schedule modification is

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necessary because discovery has been significantly complicated by the extreme

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physical limitations of Plaintiff.

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Plaintiff is currently housed at the Golden Cross assisted living facility

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under the care of a physician. Among many other limitations, Plaintiff cannot

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hold a document in his hand and for him to read anything, a document must be

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held for him. His voice is very soft and his speech is low, thus conversations with

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him take far longer than with an unimpaired individual. Due to these limitations,

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preparation for his deposition will require an extended period of time, and his 7-

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hour deposition will probably require three or four days. Plaintiff also needs to

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take approximately five additional depositions following Plaintiff's September 22,

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Order re Stipulation to Modify Scheduling Order;
Dominic Hanna v. County of Fresno, et al., Case No. 1:14-cv-00142 LJO/SKO

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2015, deposition. The parties have thus requested that all remaining deadlines

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be extended approximately 60 days.

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Although the parties have established that additional time is necessary to

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prepare for and conduct Plaintiff's deposition, there is no good cause stated to

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modify the entire schedule of deadlines. The Court will grant the parties an

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additional 30 days in light of the additional time needed to prepare for and take

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Plaintiff's deposition, but a wholesale continuance of all deadlines is denied.

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Accordingly, the deadlines are modified as set forth below.
Discovery Deadlines:
Non Expert Discovery:

February 8, 2016

Expert Disclosure:

February 29, 2016

Sup. Expert Disclosures:

March 25, 2016

Expert Discovery:

May 27, 2016

Non-Dispositive Motion Deadlines:
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Filing:
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June 20, 2016

Hearing:

July 20, 2016

Dispositive Motion Deadlines:

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Filing:

June 20, 2016

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Hearing:

July 20, 2016

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Settlement Conference:
April 8, 2016, 10 a.m., Courtroom 6, before U.S. Magistrate Judge Seng

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Order re Stipulation to Modify Scheduling Order;
Dominic Hanna v. County of Fresno, et al., Case No. 1:14-cv-00142 LJO/SKO

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Pre-Trial Conference:

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August 31, 2016

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Trial:
October 12, 2016

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The deadlines and dates pertaining to dispositive motions, the Pretrial
Conference, and the Trial have not been modified.

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IT IS SO ORDERED.
Dated:

September 7, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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Order re Stipulation to Modify Scheduling Order;
Dominic Hanna v. County of Fresno, et al., Case No. 1:14-cv-00142 LJO/SKO