Hernandez v. The GEO Group, Inc. et al

Filing 22

STIPULATION and ORDER 20 to Continue Trial and Discovery Dates, signed by Magistrate Judge Jennifer L. Thurston on 9/6/2016. Discovery Deadlines: Non-Expert 1/26/2017; Expert 3/6/2017. Non-Dispositive Motion Deadlines: Filed by 2/13/2017; Hearing by 3/13/2017. Dispositive Motion Deadlines: Filed by 3/13/2017; Hearing by 4/17/2017. Pretrial Conference CONTINUED to 5/15/2017 at 09:00 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Jury Trial CONTINUED to 7/24/2017 at 08:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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CARLOS JIMENEZ, Bar No. 227534
[e-mail]
JESSICA S. KANG, Bar No. 273221
[e-mail]
LITTLER MENDELSON, P.C.
633 West 5th Street
63rd Floor
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: 213.443.4299
Attorneys for Defendants
THE GEO GROUP, INC. dba GEO CALIFORNIA,
INC. and GEO CORRECTIONS AND
DETENTION, LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSEPHINE HERNANDEZ,
Plaintiff,

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v.
THE GEO GROUP, INC. dba GEO
CALIFORNIA, INC., a Florida
corporation; GEO CORRECTIONS
AND DETENTION, LLC, a Florida
limited liability company; and DOES 1
through 20, inclusive,
Defendants.

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LITTLER MENDELSON, P.C.
633 West 5th Street
63rd Floor
Los Angeles, CA
90071
213.443.4300

Firmwide:142392128.3 080853.1012

Case No. 1:15 cv 01813 - JLT
JOINT STIPULATION RE
REQUEST TO CONTINUE TRIAL
AND DISCOVERY DATES
(Doc. 20)

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Plaintiff Josephine Hernandez and Defendant The GEO Group, Inc. d/b/a GEO

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California, Inc. and GEO Corrections and Detention, LLC (collectively, the “Parties”)

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by and through their respective counsel of record hereby stipulate and respectfully

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request the Court continue the trial and discovery dates in the above-reference matter,

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as follows:

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WHEREAS, on February 17, 2016 the Parties filed their Joint Scheduling
Report in the above-captioned matter;

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WHEREAS, on February 25, 2016, the Court issued an Order setting Trial for

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March 28, 2017 and Pretrial Conference for February 10, 2017, and set the Discovery

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Deadlines in the above-captioned matter;
WHEREAS, the Parties have experienced unexpected delays in discovery in
this matter;
WHEREAS, Plaintiff’s counsel was diagnosed with an illness and required
treatment for the same;

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WHEREAS, Plaintiff’s continued deposition was unexpectedly cancelled the

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day before it was to take place as a result of Plaintiff’s move to Sacramento,

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California. The deposition is currently scheduled for September 23, 2015;

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WHEREAS, the deposition of Pratrap Misra was unexpectedly cancelled due to

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Mr. Misra’s medical emergency. The parties are discussing a potential deposition date

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in mid-September for Mr. Misra’s deposition;

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WHEREAS, the Parties have agreed that Plaintiff will participate in an

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independent medical examination (“IME”); however, Plaintiff’s deposition must be

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completed prior to the IME to allow Defendants to obtain the relevant testimony,

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documents and subsequently obtained records related to Plaintiff’s claims for

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emotional distress damages necessary to allow for an effective and complete IME;

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WHEREAS, the completion of Plaintiff’s deposition and IME are necessary for
the drafting and filing of Defendants’ dispositive motion;

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LITTLER MENDELSON, P.C.
633 West 5th Street
63rd Floor
Los Angeles, CA
90071
213.443.4300

2.
Firmwide:142392128.3 080853.1012

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WHEREAS, Plaintiff wishes to complete the deposition of several key

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witnesses, including Pratrap Misra, Warden Wanda Wilson, and the PMK of

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Defendant regarding the decision to terminate Plaintiff, but has not been able to as a

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result of the unexpected delays stated above;

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WHEREAS, the Discovery Deadline is currently set for October 31, 2016 for

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non-expert discovery and December 5, 2016 for expert discovery, and the Parties

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anticipate they will not be able to complete all necessary discovery prior to those

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dates;

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WHEREAS, the Parties have reviewed their trial calendars and both are

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available to begin trial on June 1, 2017, or a date shortly thereafter convenient with

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the Court;

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THEREFORE, the Parties respectfully request that the Court continue the
current dates as follows:
Matter

Non-Expert Discovery
Deadline

10/31/2016

Requested
Continued
Date
1/26/2017

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Expert Discovery Deadline

12/5/2016

3/6/2017

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Non-Dispositive Motion
Filing Deadline
Non-Dispositive Motion
Hearing Deadline

11/14/2016

2/13/2017

12/12/2016

3/13/2017

Dispositive Motion Filing
Deadline

11/14/2016

3/13/2017

Dispositive Motion Hearing
Deadline
Pre-Trial Conference

12/29/2016

4/10/2017

2/10/2017

4/17/2017

Trial (jury) (court):
Estimated length: 15-20

3/28/2017

6/1/2017

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Current
Date

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LITTLER MENDELSON, P.C.
633 West 5th Street
63rd Floor
Los Angeles, CA
90071
213.443.4300

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Court Order

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days

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Dated:

September 1, 2016
/s/ Carlos Jimenez
CARLOS JIMENEZ
JESSICA S. KANG
LITTLER MENDELSON, P.C.
On Behalf of Defendants
THE GEO GROUP, INC. DBA GEO
CALIFORNIA, INC. AND GEO
CORRECTIONS AND DETENTION, LLC

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Dated:

September 1, 2016
______________________________________
ALLYSON K. THOMPSON
ALIS M. MOON
KRING & CHUNG, LLP
On Behalf of Plaintiff
JOSEPHINE HERNANDEZ

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ORDER

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Based upon the stipulation of counsel and the unforeseen difficulties that have arisen in

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completing discovery, the Court ORDERS the case schedule amended as follows:

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1.

All non-expert discovery SHALL be completed by 1/26/17:

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2.

All expert discovery SHALL be completed by 3/6/17;

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3.

The parties SHALL disclose their experts no later than 2/3/17 and any rebuttal

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LITTLER MENDELSON, P.C.
633 West 5th Street
63rd Floor
Los Angeles, CA
90071
213.443.4300

experts by 3/17/17;
4.

Any nondispositive motion SHALL be filed no later than 2/13/17 and heard no later

than 3/13/17;
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Any dispositive motion SHALL be filed no later than 3/13/17 and heard no later than

4/17/17;

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The pretrial conference is set on 5/15/17 at 9:00 a.m.;

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The trial is set on 7/24/17 at 8:30 a.m.

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Absolutely no further request to modify the case schedule will be entertained absent a showing

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of extraordinary good cause.

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IT IS SO ORDERED.
Dated:

September 6, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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LITTLER MENDELSON, P.C.
633 West 5th Street
63rd Floor
Los Angeles, CA
90071
213.443.4300

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