Harmon et al v. Department of Justice et al
Filing
16
STIPULATION to Extend Discovery Cut-Off Dates and ORDER. The Court does not find good cause to extend non-expert discovery cut-off 60 days, considering expert discovery cut-off and other pretrial dates. The Court finds good cause to extend the discovery deadline, in light of scheduling conflicts, for 30 days until April 3, 2017. Order signed by Magistrate Judge Barbara A. McAuliffe on 2/24/2017. (Thorp, J)
1
2
3
4
5
6
7
XAVIER BECERRA, State Bar No. 118517
Attorney General of California
PETER A. MESHOT, State Bar No. 117061
Supervising Deputy Attorney General
JOHN C. BRIDGES, State Bar No. 248553
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: (916) 322-6453
Fax: (916) 322-8288
E-mail: John.Bridges@doj.ca.gov
Attorneys for Defendants
Haroldsen and Hannon
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
12
13
JOSHUA HARMON AND JENEA
HARMON,
14
1:16-cv-00246-LJO-BAM
STIPULATION TO EXTEND
Plaintiffs, DISCOVERY CUT-OFF DATES AND
ORDER
15
v.
16
17
18
DEPARTMENT OF JUSTICE, STATE OF
CALIFORNIA, AGENT M. HAROLDSEN
individually, AGENT TERESA HANNON
individually, and DOES 1-30, inclusive,
19
Defendants.
20
21
I.
22
INTRODUCTION
23
The parties, Plaintiffs Joshua Harmon and Jenea Harmon (collectively “Plaintiffs”) and
24
Defendants Depart of Justice, State of California, Agent M. Haroldsen, and Agent Teresa Hannon
25
(collectively “Defendants”), through their respective attorneys of record, hereby jointly stipulate
26
to a 60-day extension of the currently scheduled discovery deadlines as set forth below.
27
///
28
///
1
II.
2
RECITALS/GROUNDS FOR RELIEF
3
Pursuant to Rule 16, a party make seek modification of a scheduling order, including
4
modification of a discovery cut-off date, “only for good cause and with a judge’s consent.” Fed.
5
R. Civ. P. 16(b)(4). “Good cause” exists when a scheduling deadline “cannot reasonably be met
6
despite the diligence of the party seeking the extension.” Schaffner v. Crown Equipment
7
Corporation, No. C 09-00284 SBA, 2011 WL 6303408, at *2 (N.D. Cal. Dec. 16, 2011) (citing
8
Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). A party may establish
9
good cause by showing
(1) that [he or she] was diligent in assisting the court in creating a
workable Rule 16 order; (2) that [his or her] noncompliance with a
Rule 16 deadline occurred or will occur, notwithstanding [his or
her] diligent efforts to comply, because of the development of
matters which could not have been reasonably foreseen or
anticipated at the time of the Rule 16 scheduling conference; and
(3) that [he or she] was diligent in seeking amendment of the Rule
16 order, once it became apparent that he or she could not comply
with the order.
10
11
12
13
14
15
16
Hood v. Hartford Life & Accident Ins. Co., 567 F.Supp.2d 1221, 1224 (E.D. Cal. 2008) (citation
17
omitted).
18
The current deadline to complete all non-expert discovery is March 3, 2017.
19
The parties stipulate and agree to extend the non-expert discovery cut-off deadline because
20
additional time is needed to adequately and fairly complete the discovery process.
21
The parties are currently and diligent negotiating to resolve various scheduling issues in
22
terms of party and witness deposition to completely non-expert discovery in the most efficient
23
manner possible.
24
25
26
The current non-expert discovery deadline is fast approaching and is putting pressure on the
parties, thereby creating a situation that may become more adversarial than otherwise need be.
Extending the non-expert discovery deadline pursuant to this stipulation will allow the
27
parties an opportunity to negotiate informally to complete the discovery process without further
28
involvement of the court.
1
2
The parties make this request to extend the discovery cut-off date after ultimately
concluding that avoiding this request is not feasible.
3
AND , THE PARTIES STIPULATE AND AGREE TO THE FOLLOWING:
4
1.
5
SO STIPULATED.
To extend the non-expert discovery cut-off deadline 60 days, to May 2, 2017.
6
7
Dated: February 23, 2017
WILLIAM L. SCHMIDT, ATTORNEY
AT LAW, P.C.
8
/s/ Jeffrey W. Eisinger
9
JEFFREY W. EISINGER
Attorneys for Plaintiffs
Joshua and Jenea Harmon
10
11
Dated: February 23, 2017
DEPUTY ATTORNEY GENERAL
12
/s/ John C. Bridges
13
JOHN C. BRIDGES
Deputy Attorney General
Attorneys for Defendants
Haroldsen and Hannon
14
15
16
ORDER
17
The Court does not find good cause to extend non-expert discovery cut-off 60 days, considering
18
expert discovery cut-off and other pretrial dates. The Court finds good cause to extend the discovery
19
deadline, in light of scheduling conflicts, for 30 days until April 3, 2017.
20
21
IT IS SO ORDERED.
22
Dated:
23
24
25
26
27
28
February 24, 2017
/s/ Barbara
A. McAuliffe
_
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?