Avila et al v. State of California et al

Filing 50

STIPULATION and ORDER signed by District Judge John A. Mendez on 4/28/17 ORDERING that the depositions of experts Van Blaricom and Fonzi set for 4/28/17 are cancelled and reset for a date in May 2017; The depositions of the following experts are cu rrently scheduled on the following dates: 5/2/17 Plaintiffs' vocational rehabilitation expert Dr. Sarkasian; 5/9/17 Plaintiffs' economic expert Mr. Mahla; 5/10/17 Plaintiff Melinda Avila's treating physician Dr. Malley; 5/11/17 P laintiff Melinda Avila's treating physicians Dr. Lindvall and Dr. Pauls, and Plaintiffs' medical expert for Melinda Avila Dr. Baysal; 5/12/17- Plaintiff Jose Lorenzo's treating physician Dr. Glasser and Plaintiff Melinda Avila's treating physicians Dr. Gill, Dr. Kumar and Dr. Ma; and 5/19/17- Plaintiff Melinda Avila's treating physician Dr. Mullen; In the event that counsel for Plaintiffs cannot attend the depositions of the experts identified in item No. 2 on the dates set, Plaintiffs' counsel will provide alternative dates in May 2017 so that the depositions can be completed no later than 5/31/17.(Becknal, R)

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1 2 3 4 5 6 7 XAVIER BECERRA, State Bar No. 118517 Attorney General of California ALBERTO L. GONZALEZ , State Bar No. 117605 Supervising Deputy Attorney General CATHERINE WOODBRIDGE, State Bar No. 186186 Deputy Attorney General 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: (916) 445-8216 Fax: (916) 322-8288 E-mail: Catherine.Woodbridge@doj.ca.gov Attorneys for Defendants California Highway Patrol and Officer Varner 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 12 13 MELINDA AVILA, ET AL., 1:15-cv-00996 JAM 14 Plaintiffs, STIPULATION AND ORDER RE: DEPOSITIONS 15 v. 16 17 STATE OF CALIFORNIA, ET AL., 18 Defendants. 19 20 21 22 Following a hearing on discovery issues with Magistrate Judge Erica Grosjean on April 27, 2017, the parties agree and stipulate as follows: 1. The depositions of experts Van Blaricom and Fonzi scheduled April 28, 2017 are 23 cancelled and will be continued to date in May 2017 pending availability of the experts and 24 counsel; 25 2. The depositions of certain expert witnesses were not able to be scheduled prior to the 26 close of discovery on April 28, 2017. Consequently, the parties agreed that the depositions would 27 be scheduled on dates the experts were available. See ECF No. 43. The depositions of the 28 following experts are currently scheduled on the following dates: 1 Stipulation and Order re Depositions (1:15-cv-00996 JAM) 1 a. May 2, 2017 – Plaintiffs’ vocational rehabilitation expert Dr. Sarkasian; 2 b. May 9, 2017 – Plaintiffs’ economic expert Mr. Mahla; 3 c. May 10, 2017 – Plaintiff Melinda Avila’s treating physician Dr. Malley; 4 d. May 11, 2017 – Plaintiff Melinda Avila’s treating physicians Dr. Lindvall and Dr. 5 Pauls, and Plaintiffs’ medical expert for Melinda Avila Dr. Baysal; 6 7 e. May 12, 2017- Plaintiff Jose Lorenzo’s treating physician Dr. Glasser and Plaintiff Melinda Avila’s treating physicians Dr. Gill, Dr. Kumar and Dr. Ma; and 8 f. May 19, 2017- Plaintiff Melinda Avila’s treating physician Dr. Mullen. 9 3. In the event that counsel for Plaintiffs is in trial and cannot attend the depositions of 10 the experts identified in item No. 2 on the dates scheduled, Plaintiffs’ counsel will provide 11 alternative dates in May 2017 so that the depositions can be completed no later than May 31, 12 2017. 13 Dated: April 27, 2017 14 /s/ Stephen R. Cornwell ___________________ Stephen R. Cornwell, Attorney for Plaintiffs CORNWELL & SAMPLE, LLP 15 16 17 Dated: April 27, 2017 18 /s/ Carolyn J. Frank ______________________ Carolyn J. Frank, Attorney for Defendants County of Madera, Deputy Gonzales COTA COLE & HUBER 19 20 21 22 23 24 Dated: April 27, 2017 XAVIER BECERRA Attorney General of California ALBERTO L. GONZALEZ Supervising Deputy Attorney General /s/ Catherine Woodbridge 25 26 27 CATHERINE WOODBRIDGE Deputy Attorney General Attorneys for Defendants California Highway Patrol and Officer Varner 28 2 Stipulation and Order re Depositions (1:15-cv-00996 JAM) 1 2 The parties having engaged in a discovery conference with Magistrate Judge Erica Grosjean on April 27, 2017, and for good cause appearing, 3 IT IS HEREBY ORDERED that 4 1. The depositions of experts Van Blaricom and Fonzi scheduled April 28, 2017 are 5 cancelled and will be continued to date in May 2017 pending availability of the experts and 6 counsel; 7 2. The parties having advised the Court in their Joint Mid-Litigation Status Report that 8 the depositions of certain expert witnesses were not able to be scheduled prior to the close of 9 discovery on April 28, 2017 (ECF No. 43), the depositions of the following experts are currently 10 scheduled on the following dates: 11 a. May 2, 2017 – Plaintiffs’ vocational rehabilitation expert Dr. Sarkasian; 12 b. May 9, 2017 – Plaintiffs’ economic expert Mr. Mahla; 13 c. May 10, 2017 – Plaintiff Melinda Avila’s treating physician Dr. Malley; 14 d. May 11, 2017 – Plaintiff Melinda Avila’s treating physicians Dr. Lindvall and Dr. 15 Pauls, and Plaintiffs’ medical expert for Melinda Avila Dr. Baysal; 16 17 e. May 12, 2017- Plaintiff Jose Lorenzo’s treating physician Dr. Glasser and Plaintiff Melinda Avila’s treating physicians Dr. Gill, Dr. Kumar and Dr. Ma; and 18 f. May 19, 2017- Plaintiff Melinda Avila’s treating physician Dr. Mullen. 19 3. In the event that counsel for Plaintiffs is in trial and cannot attend the depositions of 20 the experts identified in item No. 2 on the dates scheduled, Plaintiffs’ counsel will provide 21 alternative dates in May 2017 so that the depositions can be completed no later than May 31, 22 2017. 23 Dated: April 28, 2017 24 25 /s/ John A. Mendez_________________ U.S. DISTRICT COURT JUDGE 26 27 28 SA2014312707 32862017.doc.doc 3 Stipulation and Order re Depositions (1:15-cv-00996 JAM)

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