Doe v. County of Kern, et al.
Filing
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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 661-868-3800
Fax 661-868-3805
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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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.
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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.
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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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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
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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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