Reid v. United States of America et al

Filing 113

STIPULATION and ORDER 112 to Amend the Scheduling Order, signed by Magistrate Judge Jennifer L. Thurston on 12/6/2021. Discovery Deadlines: Non-Expert 3/14/2022; Expert 5/27/2022. Non-Dispositive Motion Deadlines: Filed by 6/13/2022; Hearing by 7/11/2022. Dispositive Motion Deadlines: Filed by 7/29/2022; Hearing by 9/9/2022. Pretrial Conference CONTINUED to 11/4/2022 at 10:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Jury Trial CONTINUED to 1/9/2023 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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STEPHEN A. CAZARES (SBN 201864)
ORRICK, HERRINGTON & SUTCLIFFE LLP
777 South Figueroa Street
Los Angeles, CA 90017-5855
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
Attorneys for Plaintiff
GORDON C. REID

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GORDON C. REID,

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CASE NO.: 1:14-cv-01163 JLT

Plaintiff,

JOINT STIPULATION AND
[PROPOSED] ORDER TO AMEND
THE SCHEDULING ORDER

v.
UNITED STATES OF AMERICA; FIRST
NAME UNKNOWN (“FNU”) GARCIA,
CAPTAIN OF THE GUARDS; R. FENTON,
LIEUTENANT OF THE GUARDS; JOHN
DOE #1, LIEUTENANT OF THE GUARDS;
JOHN DOE #2, LIEUTENANT OF THE
GUARDS; JOHN DOE #3, LIEUTENANT OF
THE GUARDS; J. ONTIVEROZ, PRISON
GUARD.

(Doc. 112)

Defendants.

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JOINT STIPULATION AND [PROPOSED] ORDER
TO AMEND THE SCHEDULING ORDER
1:14-CV-1163

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JOINT STIPULATION
Plaintiff Gordon C. Reid (“Plaintiff”) and Defendants United States of America, Jason

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Ontiveroz, and Ray Garcia (collectively “Defendants”, together with Plaintiff, the “Parties”),

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through their respective counsel, represent and stipulate to the following:

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1.

On July 22, 2021, the Court issued a scheduling order setting the non-expert

discovery cut-off date as January 28, 2022.

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2.

On August 13, 2021, the parties served Initial Disclosures.

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3.

On September 3, 2021, Defendants produced to Plaintiff more than 250 pages of

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documents. On September 7, 2021, Defendants produced to Plaintiff two videos.
4.

On September 15, 2021, Plaintiff propounded First Sets of Requests for

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Production of Documents and Interrogatories to Defendants. Under Federal Rules of Civil

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Procedure 33 and 34, Defendants’ deadline to respond to this discovery was October 15, 2021.

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5.

Plaintiff twice agreed to two-week extensions of Defendants’ time to respond to

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Plaintiff’s discovery requests (for a total extension of four weeks) due to the death of defense

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counsel’s mother.

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6.

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On November 12, 2021, Defendants served their responses and objections to

Plaintiff’s discovery requests.
7.

On December 2, 2021, Defendants produced approximately 1,500 pages of

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additional documents and two additional videos to Plaintiff in response to Plaintiff’s discovery

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requests.

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8.

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On December 2, 2021, Defendants served document requests and interrogatories

on Plaintiff, the responses to which will be due on January 3, 2022.
9.

Plaintiff intends to notice the depositions of Defendant Ray Garcia, Defendant

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Jason Ontiveroz, and several others, and Defendants intend to depose Plaintiff (who is

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incarcerated, which likely will make scheduling difficult). The Parties are working together to

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identify mutually convenient dates for these depositions. They had identified some deposition

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dates in mid-December, but those dates now do not work because of Plaintiff’s counsel’s

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upcoming trial conflict described below.
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JOINT STIPULATION AND [PROPOSED] ORDER
TO AMEND THE SCHEDULING ORDER
1:14-CV-1163

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10.

Plaintiff’s lead counsel is set to begin trial in another case, captioned United States

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v. Balwani et al., No. 5:18-cr-002580EJD, before the United States District Court for the

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Northern District of California, on January 11, 2022.

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11.

The Parties have met and conferred regarding the scheduling order and believe that

there is good cause to continue the deadlines in the scheduling order by 45 days.
THEREFORE, the parties agree to the proposed adjusted schedule below and
respectfully request that the Court amend the scheduling order as follows:

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Event
Non-Expert Discovery Cut Off
Expert Disclosures
Rebuttal Expert Disclosures
Expert Discovery Cut Off
Non-Dispositive Motions Filed By
Non-Dispositive Motions Hearing
Dispositive Motions Filed By
Dispositive Motions Hearing
Pre-Trial Conference

Current Date
1/28/2022
2/11/2022
3/11/2022
4/15/2022
4/29/2022
5/27/2022
6/14/2022
7/26/2022
9/20/2022

Proposed New Date
3/14/2022
3/28/2022
4/25/2022
5/27/2022
6/13/2022
7/11/2022
7/29/2022
9/9/2022
11/4/2022

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Dated: December 3, 2021

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ORRICK, HERRINGTON & SUTCLIFFE
By: /s/ Stephen A. Cazares
STEPHEN A. CAZARES
Attorneys for Plaintiff Gordon C. Reid

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Dated: December 3, 2021

PHILLIP A. TALBERT
Acting United States Attorney

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By: /s/ Victoria L. Boesch
VICTORIA L. BOESCH
Assistant United States Attorney
Attorneys for the United States, Ontiveroz, and
Garcia

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JOINT STIPULATION AND [PROPOSED] ORDER
TO AMEND THE SCHEDULING ORDER
1:14-CV-1163

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ORDER
Based upon the stipulation of the parties and god cause appearing, the Court GRANTS the

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stipulation and amends the case schedule consistent with the dates proposed. In addition, the

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Court CONTINUES the trial to January 9, 2023 at 8:30 a.m.

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The parties are advised that the Court does not anticipate again amending the case
schedule and they are urged to comply with the deadlines set here.

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IT IS SO ORDERED.
Dated:

December 6, 2021

_ /s/ Jennifer L. Thurston
CHIEF UNITED STATES MAGISTRATE JUDGE

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JOINT STIPULATION AND [PROPOSED] ORDER
TO AMEND THE SCHEDULING ORDER
1:14-CV-1163