DiGiantomasso et al v. Tulare County et al

Filing 79

STIPULATION AND ORDER AMENDING CAPTION AND PRETRIAL SCHEDULING ORDER signed by Chief Judge Morrison C. England, Jr on 1/11/16 ORDERING the Pretrial Scheduling Order (Doc. 64 ) be amended as follows: Fact discovery cutoff reset to August 1, 2016 ; Expert disclosures reset to August 15, 2016; Rebuttal expert disclosures reset to August 29, 2016; Expert discovery cutoff (in time for filing dispositive motions) set to September 15, 2016; Settlement Conference reset to August 24, 2016; Dispositive motion filing (8 weeks before hearing per court order) reset to October 6, 2016; Dispositive motion hearing reset to December 1, 2016. (Becknal, R)

1
2
3
4
5
6

MICHAEL J. HADDAD (State Bar No. 189114)
JULIA SHERWIN (State Bar No. 189268)
T. KENNEDY HELM (State Bar No. 282319)
HADDAD & SHERWIN LLP
505 Seventeenth Street
Oakland, California94612
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs

7
UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10
11
12

LAURIE DIGIANTOMASSO and RANDY
DIGIANTOMASSO, Individually and as CoSuccessors in Interest of Decedent SHAYMUS
DIGIANTOMASSO,

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

Plaintiffs,
vs.
KINGS COUNTY, a public entity; KINGS
COUNTY SHERIFF-CORONER DAVID
ROBINSON, in his individual and official
capacity; KINGS COUNTY SHERIFF’S
COMMANDER KIM PEDREIRO, in her
individual and official capacity; KINGS
COUNTY SHERIFF’S SERGEANT SHERRI
HENDERSON; CALIFORNIA FORENSIC
MEDICAL GROUP, INCORPORATED, a
California corporation; TAYLOR FITHIAN,
M.D.; MEGAN NABORS, L.V.N;
DANIELLE ECKER; LINDA WEESNER,
R.N.; MINNETTA COSTA, R.N.; JANA
CEARLEY, L.P.T.,and DOES 1–20,
individually, jointly, and severally,
Defendants.

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

No:1:14-cv-01633-MCE-EPG

STIPULATION AND ORDER
AMENDING CAPTION AND
PRETRIAL SCHEDULING ORDER

28
Case No. 1:14-cv-01633-MCE-EPG: STIP AND ORDER AMENDING CAPTION AND SCHEDULING ORDER

1

1
2
3

All parties, by and through their respective counsel, hereby stipulate and agree to amend the
caption, and the Pretrial Scheduling Order, as follows:
This Court dismissed Defendants Tulare County and Corizon Health, Inc., and their

4

employees from this action. (Doc. 61). The parties therefore stipulate and agree to amend the

5

caption to provide for the correct listing of remaining Defendants in this matter, as set forth on the

6

caption of this stipulation.

7
8
9
10
11
12
13
14

Further, the parties have agreed to an early mediation with the Honorable Raul A. Ramirez
(Ret.), based only on the exchange of voluminous paper discovery, before conducting depositions.
The only mediation date that worked with the calendars of the parties, counsel, and Judge Ramirez,
was January 12, 2016. Trial in this matter is scheduled to begin March 13, 2017, more than a year
from now. To accommodate the mediation, the parties propose amending the Pretrial Scheduling
Order. This proposed amendment would not impact the trial or pretrial conference dates.
The current fact discovery cutoff is March 14, 2016. To conserve the time and resources of
the parties, and limit attorneys' fees and costs incurred by all parties, the parties jointly request that
the Pretrial Scheduling Order (Doc. 64) be amended as follows:

15
16

EVENT

17

Fact discovery cutoff

March 14, 2016

August 1, 2016

Expert disclosures

May 13, 2016

August 15, 2016

Rebuttal expert disclosures

June 2, 2016

August 29, 2016

18
19
20
21
22

CURRENT DATE

Expert discovery cutoff (in time
for filing dispositive motions)
Settlement Conference

PROPOSED NEW DATE

September 15, 2016
June 22, 2016

August 24, 2016

Dispositive motion filing (8 weeks July 21, 2016
before hearing per court order)

October 6, 2016

Dispositive motion hearing

December 1, 2016

23
24
25

September 15, 2016

26
27
28

Dated: January 5, 2016

HADDAD & SHERWIN LLP

Case No. 1:14-cv-01633-MCE-EPG: STIP AND ORDER AMENDING CAPTION AND SCHEDULING ORDER

2

1
/s/ Julia Sherwin_______________
JULIA SHERWIN
Attorneys for Plaintiff

2
3
4
5

DATED: January 5, 2016

6

WEAKLEY & ARENDT, LLP
/s/ Brande L. Gustafson*______________
JAMES J. ARENDT
BRANDE L. GUSTAFSON
Attorneys for Defendants COUNTY OF KINGS;
SHERIFF DAVID ROBINSON; COMMANDER KIM
PEDREIRO; and SERGEANT SHERI HENDERSON

7
8
9
10
11

DATED: January 5, 2016

12

BERTLING & CLAUSEN LLP

16

/s/ Jemma Parker Saunders*______________
JEMMA PARKER SAUNDERS
Attorneys for Defendants CALIFORNIA FORENSIC
MEDICAL GROUP, INC.; DANIELLE ECKER;
TAYLOR W. FITHIAN, M.D.; JANA CEARLEY;
LINDA K. WEESNER; MEGAN E. NABORS; and
MINNETTA F. COSTA

17

*Ms. Gustafson and Ms. Saunders provided their consent that this document be electronically filed.

13
14
15

18
ORDER

19
20
21
22
23

It is HEREBY ORDERED that the caption in this case and the Pretrial Scheduling Order be
amended in accordance with the foregoing stipulation.
IT IS SO ORDERED.
Dated: January 11, 2016

24
25
26
27
28
Case No. 1:14-cv-01633-MCE-EPG: STIP AND ORDER AMENDING CAPTION AND SCHEDULING ORDER

3