D.G., et al v. County of Kern

Filing 42

STIPULATION and ORDER signed by District Judge John A. Mendez on 08/23/16 ORDERING that depositions of experts Kris Mohandie, Ph.D. ABPP and Scott DeFoe may be noticed for, and taken on dates which are later than the 08/19/16 scheduled conclusion of expert witness discovery, but will be concluded on or before 09/16/16. (Benson, A)

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THERESA A. GOLDNER, COUNTY COUNSEL
By: ANDREW C. THOMSON, DEPUTY (SBN 149057)
Kern County Administrative Center
1115 Truxtun Avenue, Fourth Floor
Bakersfield, CA 93301
Telephone [phone]
Fax [phone]
Attorneys for Defendants County
of Kern and Deputy Reed

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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)
D.G., a minor, by and through his
)
guardian ad litem, Denise Bonilla,
individually and as successor-in-interest )
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to David Garcia, deceased; D.E.G., a
minor, by and through her guardian ad )
litem, Denise Bonilla, individually and )
as successor-in-interest to David Garcia, )
)
deceased; G.D., a minor, by and
through her guardian ad litem, Denise )
Bonilla, individually and as successor- )
in-interest to David Garcia, deceased; )
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RAMONA RAMIREZ NUNEZ,
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individually;
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Plaintiffs,
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vs.
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COUNTY OF KERN; DOES 1
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THROUGH 10;
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Defendants.
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CASE NO. 1:15-CV-00760 JAM-JLT
STIPULATION TO ALLOW DEPOSITION
OF EXPERTS KRIS MOHANDIE, Ph.D.
AND SCOTT DE FOE BEYOND EXPERT
DISCOVERY DEADLINE DUE TO
UNCONTROLABLE CIRCUMSTANCES
AND SCHEDULING ISSUES; ORDER

[ALL PARTIES REQUEST A JURY]

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Plaintiffs, D.G., a minor, by and through his guardian ad litem, Denise Bonilla; D.E.G.,

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a minor, by and through her guardian ad litem, Denise Bonilla; G.D., a minor, by and through

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her guardian ad litem, Denise Bonilla; and Ramona Ramirez Nunez, (hereinafter collectively

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“Plaintiffs”) are jointly represented by Matthew C. Clark and Neil K. Gehlawat of Chain-

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Cohn-Stiles, and Dale K. Galipo of the Law Offices of Dale K. Galipo.

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Stipulation To Allow Depositions of Experts Beyond Expert Discovery Deadline
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Defendants, County of Kern (hereinafter “County”) and Deputy Robert Reed

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(hereinafter “Reed”), (hereinafter collectively “Defendants”) are represented by Andrew C.

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Thomson, Office of Kern County Counsel.

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Plaintiffs and Defendants are hereinafter collectively referred to as the “Parties.”

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IT IS HEREBY STIPULATED AND AGREED TO, by and between the Parties,

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through their respective counsel of record, that an Order be entered allowing Plaintiffs to take

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the deposition of Defendants’ expert witness Kris Mohandie, Ph.D. ABPP (hereinafter “Dr.

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Mohandie”), and Defendants to take the deposition of Plaintiffs’ expert Scott DeFoe (hereinafter

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“DeFoe”), on dates which are later than the expert witness discovery deadline set forth in the

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Scheduling Order and subsequent related Orders, but on or before September 16, 2016.

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1.

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matters in an effort to resolve expert discovery issues, including deposition scheduling.

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2.

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deposition of all other expert witnesses within the deadline established by the Court.

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3.

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Mohandie, however as the result of a prescheduled trip to Europe and other business obligations,

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along with attorney schedule conflicts, Dr. Mohandie’s deposition has not been completed to date.

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4.

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DeFoe, however as the result of trial testimony obligations and a scheduled vacation, along with

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attorney schedule conflicts, DeFoe’s deposition has not been completed to date.

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5.

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could not reasonably be rescheduled for a date earlier then August 19, 2016.

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6.

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experts will be available and have deposition testimony taken no later than September 16, 2016.

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7.

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designation of Dr. Mohandie and Mr. DeFoe as experts or to move to exclude any and all

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testimony by Dr. Mohandie and Mr. DeFoe.

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The Parties have repeatedly met and conferred regarding expert witness discovery

Other than Dr. Mohandie and DeFoe, the Parties have been able to schedule the

Plaintiffs properly noticed the deposition of Defendants expert witness Psychologist Dr.

Defendants properly noticed the deposition of Plaintiffs Police Practices expert witness

As a result of the schedules of Dr. Mohandie, DeFoe and counsel, their depositions

In coordinating with the schedules of counsel, the Parties anticipate that counsel and

Nothing in this stipulation constitutes a waiver of any Parties’ right to challenge the

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Stipulation To Allow Depositions of Experts Beyond Expert Discovery Deadline
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Dr. Mohandie and DeFoe will have any adverse impact on the Court’s Scheduling Orders.

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The Parties believe that good cause for the continuance has been shown.

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The Parties respectfully request the Court’s consideration of this request.

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THEREFORE, IT IS HEREBY STIPULATED:

The Parties do not believe that the requested continuance of the deposition testimony of

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The depositions of experts Kris Mohandie, Ph.D. ABPP and Scott DeFoe may be

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noticed for, and taken on dates which are later than the August 19, 2016 scheduled conclusion

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of expert witness discovery, but will be concluded on or before September 16, 2016.

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Dated: August 23, 2016

CHAIN-COHN-STILES

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By /s/ Neil K. Gehlawat
Matthew C. Clark
Neil K. Gehlawat
Attorneys for Plaintiffs 

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_

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Dated: August 23, 2016

THERESA A. GOLDNER, COUNTY COUNSEL

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By /s/ Andrew C. Thomson
Andrew C. Thomson, Deputy
Attorneys for Defendants County of Kern
and Deputy Reed

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ORDER

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Good cause appearing, the STIPULATION TO ALLOW DEPOSITION OF DEFENSE
EXPERT KRIS MOHANDIE, Ph.D. ABPP AND SCOTT DEFOE BEYOND EXPERT
DISCOVERY DEADLINE in CASE NO. 1:15-CV-00760 JAM-JLT is hereby approved and
adopted as the order of this Court.

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Dated: August 23, 2016

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/s/ John A. Mendez
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HON. JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

#22T2938

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Stipulation To Allow Depositions of Experts Beyond Expert Discovery Deadline
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