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)

Download PDF
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?