Doe v. County of Kern, et al.

Filing 23

ORDER GRANTING 22 Stipulation to Continue Discovery Dates, signed by Magistrate Judge Jennifer L. Thurston on 6/23/2016. Non-Expert Discovery Deadline 11/18/2016; Expert Discovery Deadlines: Completed by 12/27/2016; Disclosure by 11/18/2016; Rebuttal by 12/6/2016. Non-Dispositive Motion Deadlines: Filed by 1/6/2017; Hearing by 2/3/2017. (Hall, S)

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THERESA A. GOLDNER, COUNTY COUNSEL
By: MARSHALL S. FONTES, DEPUTY (SBN 139567)
KATHLEEN RIVERA (SBN 211606)
Kern County Administrative Center
1115 Truxtun Avenue, Fourth Floor
Bakersfield, CA 93301
Telephone [phone]
Fax [phone]
Attorneys for Defendant County of Kern

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JANE DOE, an individual,

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Plaintiff,
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vs.
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COUNTY OF KERN, a municipality;
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CESAR NAVEJAR; an individual; and )
DOES 1-10, inclusive,
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Defendants.
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CASE NO. 1:15-CV-01637-DAD-JLT
JOINT STIPULATION TO CONTINUE
DISCOVERY CUT OFF DATES;
[PROPOSED ORDER]
Trial Date:
June 13, 2017
Action Filed: October 28, 2015

COME NOW, Plaintiff, JANE DOE, and Defendants COUNTY OF KERN and CESAR

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NAVEJAR, who have met and conferred through their respective attorneys of record, and now

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make this joint stipulated request of the Court:

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REPRESENTATIONS AND JOINT STIPULATION AND REQUEST:

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1.

Pursuant to the Scheduling Order (Doc. No. 20) the deadline for completion of

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non-expert discovery is September 9, 2016 and the deadline for expert discovery is November

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14, 2016. After meeting and conferring, the parties have agreed to a 60 day continuance of both

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deadlines for the reasons set forth below.

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2.

While the parties have been engaged in the timely exchange of multiple sets of

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written discovery requests, no depositions have yet been taken, but are in the process of being

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noticed.

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defendants wish to schedule the deposition of plaintiff, there are several outstanding issues that

Plaintiff has noticed defendant Navajer’s deposition for July 6, 2016.

While

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Joint Stipulation to Continue Discovery Cut-Off Dates
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must be resolved first.

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Presently defendants are seeking juvenile court records concerning the plaintiff,

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with a hearing scheduled on the request for June 29, 2016 in the Kern County Superior Court.

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The acquisition of these records, to the extent allowed by the Juvenile Court, is necessary before

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the defense can notice and properly depose the plaintiff.

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4.

The parties are also engaged in the process of meeting and conferring regarding

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the permissible scope of questioning of the plaintiff in her deposition based upon her counsel’s

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assertion of various rape shield laws. These issues must also be resolved before the plaintiff’s

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deposition can be completed.
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after the completion of her deposition, depending upon the substance of her testimony.
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Defendants also anticipate the potential for a mental examination of plaintiff

Additionally, it is anticipated that there are approximately 15 other non-expert

depositions which need to be completed after the depositions of the named parties.
7.

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The scheduling of the foregoing discovery has also been complicated by the

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County’s defense being recently reassigned to counsel unfamiliar with the case on June 4, 2016.

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While counsel is expeditiously familiarizing himself with the case, the change in counsel has

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caused a short delay in the development of a coordinated discovery plan with all other counsel.
8.

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Therefore, Plaintiff and Defendants stipulate that the Court continue the following

dates and propose the following Discovery Deadlines:
Current Date: Proposed New Date:

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Non-Expert Discovery Deadline:

9/9/2016

11/8/16

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Expert Disclosure:

9/19/2016

11/18/16

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Expert Rebuttal Disclosure:

10/7/2016

12/6/16

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Expert Discovery Deadline: 10/28/2016

12/27/16

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The requested continuance is limited to aforementioned discovery deadlines and will

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not impact the settlement conference, pretrial conference or trial dates as originally set forth in

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the Scheduling Order.

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Joint Stipulation to Continue Discovery Cut-Off Dates
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Dated: June 21, 2016

CHAIN-COHN-STILES

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By: /s/ Neil K. Gehlawat
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David K. Cohn and Neil K. Gehlawat
Attorneys for Plaintiff, Jane Doe

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Dated: June 21, 2016

THERESA A. GOLDNER, COUNTY COUNSEL

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By: /s/ Andrew C. Thomson
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Marshall S. Fontes and Kathleen Rivera
Attorneys for Defendant, County of Kern

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Dated: June 21, 2016

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WEAKLEY AND ARENDT
By: /s/ James D. Weakley
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James D. Weakley and Leslie M. Dillahunty
Attorneys for Defendant, Cesar Navejar

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ORDER

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Good cause appearing, based upon a sufficient showing of diligence since the issuance of

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the scheduling report on April 5, 2016 and sufficient reason to believe the parties cannot comply

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with the current case schedule, the Court GRANTS the request to amend the case schedule as

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follows:

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1.

expert discovery SHALL be completed no later than December 27, 2016;

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All non-expert SHALL be completed no later than November 18, 2016 and all

2.

Experts SHALL be disclosed no later than November 18, 2016 and any rebuttal

experts SHALL be disclosed no later than December 6, 2016;

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3.

Any nondispositive motions may be filed no later than January 6, 2017 and heard

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no later than February 3, 2017.

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Joint Stipulation to Continue Discovery Cut-Off Dates
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The Court does not contemplate that any other changes to the case schedule will be
sought or granted.

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IT IS SO ORDERED.
Dated:

June 23, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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______________________________________________________________________________________ ________________
Joint Stipulation to Continue Discovery Cut-Off Dates
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[PROPOSED] ORDER
For GOOD CAUSE shown, and based upon the mutual Stipulation of all parties to this
action, the court hereby continues the following dates:

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Current Date:

New Date:

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Non-Expert Discovery Deadline:

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Expert Disclosure:

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Expert Rebuttal Disclosure:

10/7/2016

12/6/16

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Expert Discovery Deadline: 10/28/2016

12/27/16

9/9/2016

11/8/16

9/19/2016

11/18/16

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IT IS SO ORDERED.
Dated: June ___, 2016
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HON. JENNIFER L. THURSTON,
MAGISTRATE JUDGE

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#22Q1648.DOC

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Joint Stipulation to Continue Discovery Cut-Off Dates
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