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

Filing 46

STIPULATION AND ORDER signed by District Judge John A. Mendez on 9/14/2016 ALLOWING the deposition of the plaintiffs' expert Scott DeFoe to be noticed for, and taken on, a date later that the scheduled conclusion of expert witness discovery, but to be concluded by 9/19/2016. (Michel, G.)

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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 )
)
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; )
)
RAMONA RAMIREZ NUNEZ,
)
individually;
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Plaintiffs,
)
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 EXPERT SCOTT DEFOE BEYOND
EXPERT DISCOVERY DEADLINE DUE
TO UNCONTROLLABLE
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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\\\
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Stipulation To Allow Deposition of Expert DeFoe 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 Defendants to take

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the deposition of Plaintiffs’ expert Scott DeFoe (hereinafter “DeFoe”), on Monday, September

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19, 2016 which is one business day later than the expert witness discovery deadline of Friday,

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September 16, 2016, as set forth in the recent Court Order.

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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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Defendants had noticed DeFoe’s deposition for September 15, 2016, but DeFoe is scheduled to

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be in Atlanta, Georgia for expert testimony and is not scheduled to return to LAX until the late

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afternoon or early evening of Friday, September 16, 2016. The Parties have been able to

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schedule the deposition of all other expert witnesses within the initial deadline established by

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the Court.

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4.

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the result of DeFoe’s expert witness and trial testimony obligations and a scheduled vacation, along

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with attorney schedule conflicts, his deposition cannot be completed prior to September 16, 2016.

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5.

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will be available for, and complete, his deposition on September 19, 2016.

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designation of DeFoe as an expert or to move to exclude any and all testimony by DeFoe.

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DeFoe will have any adverse impact on the Court’s Scheduling Orders.

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8.

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

The Parties have repeatedly met and conferred regarding expert witness discovery

Plaintiffs intend to take Dr. Mohandie’s deposition on Friday, September 16, 2016.

Defendants properly noticed, and renoticed, the deposition of expert DeFoe, however as

In coordinating with the schedules of counsel, the Parties agree that counsel and DeFoe

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

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

In light of the Parties willingness to meet and confer, and in the spirit collegiality and

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Stipulation To Allow Deposition of Expert DeFoe Beyond Expert Discovery Deadline
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THEREFORE, IT IS HEREBY STIPULATED:

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

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The deposition of Plaintiffs’ expert Scott DeFoe may be noticed for, and taken on, a date

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which is later than the September 16, 2016 scheduled conclusion of expert witness discovery,

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but will be concluded on or before September 19, 2016.

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Dated: September 14, 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: September 14, 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 EXPERT
SCOTT

DEFOE

BEYOND

EXPERT

DISCOVERY

DEADLINE

DUE

TO

UNCONTROLLABLE CIRCUMSTANCES AND SCHEDULING ISSUES 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: September 14, 2016

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

#22U6562

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______________________________________________________________________________________ ________________

Stipulation To Allow Deposition of Expert DeFoe Beyond Expert Discovery Deadline
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