Rivera-Martinez et al v. Kern County et al

Filing 27

STIPULATION and ORDER 26 to Modify the Scheduling Order, signed by Magistrate Judge Jennifer L. Thurston on 10/31/2016. Mid-Discovery Status Conference CONTINUED to 1/6/2017 at 08:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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Andrew R. Weiss #95567
Carol A. O’Neil #71282
WEISS∙SALINAS LAW GROUP, INC.
7108 North Fresno Street, Suite 250
Fresno, California 93720
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Defendant Philip Hyden, M.D.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CYNTHIA RIVERA-MARTINEZ and
ARTURO MARTINEZ,

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Plaintiffs,
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vs.
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KERN COUNTY; KERN COUNTY
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DEPARTMENT OF HUMAN RESOURCES; )
SOCIAL WORKER STEPHANIE MEEK,
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individually; PHILIP HYDEN, M.D.,
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individually; and DOES 1 through 100,
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inclusive,
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Defendants.
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Case No. 1:16-CV-00062---JLT
STIPULATION AND (PROPOSED)
ORDER THEREON MODIFYING THE
JUNE 21, 2016, SCHEDULING ORDER
[ECF DOC. NO. 21] TO CONTINUE THE
NOVEMBER 8, 2016, MID-DISCOVERY
STATUS CONFERENCE TO DECEMBER
20, 2016, DUE TO NON-RECEIPT OF
NEEDED JUVENILE COURT RECORDS

(Doc. 26)

WHEREAS the June 21, 2016, Scheduling Order in this case sets a Mid-

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Discovery Status Conference for November 8, 2016, at 9:00 a.m. before The Hon. Jennifer L.

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Thurston, U.S. Magistrate Judge with a Joint Mid-Discovery Status Conference Report due on

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November 1, 2016; and

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WHEREAS the parties have each requested and have obtained an order from the

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Superior Court of Kern County, Juvenile Court permitting the parties to obtain copies of the

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Juvenile Court Records of minor D.M.; and

{00103343; 1 01006-0157}1
STIPULATION AND (PROPOSED) ORDER THEREON

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WHEREAS the Kern County Superior Court, Juvenile Court Records have not yet
been provided to the parties by the Juvenile Court; and
WHEREAS the Juvenile Court records of minor D.M. are needed prior to the
commencement of full discovery in this case;
WHEREAS the Juvenile Court records were due to counsel from the Juvenile

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Court on October 27, 2016, and should be received shortly, but none of the attorneys to this

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matter have yet received them;

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THEREFORE, the parties by and through their respective counsel of record

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hereby stipulate to amend the June 21, 2016, Scheduling Order to continue the scheduled

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November 8, 2016, Mid-Discovery Status Conference with a Joint Mid-Discovery Status

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Conference Report due on November 1, 2016, to January 3, 2017, at 9:00 a.m. before The Hon.

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Jennifer L. Thurston, U.S. Magistrate Judge, with a Joint Mid-Discovery Status Conference

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Report due on December 27, 2016.

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IT IS SO STIPULATED:

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Dated: October 31, 2016.

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WHITE & AMUNDSON, APC
By:

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/s/ Rebecca D. Lack (electronic signature
use authorized on October 31, 2016)
Rebecca D. Lack
Attorneys for Plaintiffs Cynthia Rivera-Martinez and
Arturo Martinez

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Dated: October 31, 2016.

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COUNTY OF KERN, COUNTY COUNSEL
By:

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Dated: October 31, 2016.

/s/ Kathleen Rivera (electronic signature use
authorized on October 31, 2016)
Theresa A. Goldner, County Counsel
By: Kathleen Rivera, Deputy
Attorneys for Defendants Kern County, Kern County
Department of Human Services and Social Worker
Stephanie Meek

WEISS∙SALINAS LAW GROUP, INC.
By:

/s/ Andrew R. Weiss, Esq.
Andrew R. Weiss
Carol A. O’Neil
Attorneys for Defendant Philip Hyden, M.D.

{00103343; 1 01006-0157}2
STIPULATION AND (PROPOSED) ORDER THEREON

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ORDER
Based upon the stipulation of counsel, the mid-discovery status conference is

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CONTINUED to January 6, 2016 at 8:30 a.m. No other amendments to the case schedule are
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authorized.
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However, counsel are likely aware that it may be that the Kern County juvenile court
does not release the records during the discovery period authorized in this case, either because it
simply lacks the time to conduct the in camera review or because it decides not to grant the § 827
petition. Thus, they SHALL NOT assume that this Court will extend the discovery period
merely because the records were not produced timely; indeed, this is quite unlikely to occur.
Furthermore, counsel are reminded that any request to amend the discovery deadlines

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must be supported by good cause which requires counsel to demonstrate diligence in attempting

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to complete discovery with the deadlines currently in place; the refusal to conduct any discovery

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until the records are produced would not likely demonstrate good cause. Thus, they are strongly

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advised not to defer their discovery efforts any further and to redouble their efforts toward

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completing discovery.

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IT IS SO ORDERED.
Dated:

October 31, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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{00103343; 1 01006-0157}3
STIPULATION AND (PROPOSED) ORDER THEREON