Becker v. Sherman, et al.

Filing 120

JOINT STIPULATION and ORDER Regarding CDCR's Production of Electronically Stored Information and Modification of Discovery and Scheduling Order, signed by Magistrate Judge Jeremy D. Peterson on 8/7/19. (Gonzalez, R)

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XAVIER BECERRA, State Bar No. 118517
Attorney General of California
CHRISTOPHER J. BECKER, State Bar No. 230529
Supervising Deputy Attorney General
ROBERT M. PERKINS, III, State Bar No. 309192
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants Wetenkamp, Martinez,
Cartagena, Peterson, Loyd and Charkow-Ross

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JOSEPH BECKER,

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v.

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1:16-cv-0828-AWI-JDP (PC)
Plaintiff, JOINT STIPULATION REGARDING
CDCR’S PRODUCTION OF
ELECTRONICALLY STORED
INFORMATION AND MODIFICATION OF
DISCOVERY AND SCHEDULING ORDER

WARDEN SHERMAN, et al.,
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Judge:
The Hon. Jeremy D. Peterson
Defendants. Action Filed: June 15, 2016

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On June 27, 2018, the Court issued a discovery and scheduling order. (ECF No. 88). At

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that time, the Court set the date of November 1, 2019 as the deadline for the completion of all

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discovery. (Id.) Plaintiff served a third-party subpoena on the California Department of

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Corrections and Rehabilitation (CDCR), which seeks the production of electronically stored

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information (ESI) related to Plaintiff’s claims. The parties have engaged in substantial

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negotiations about the scope of Plaintiff’s third-party subpoena and have reached an agreement on

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search terms and custodians. Additionally, CDCR’s production has been delayed due to the death

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of defense counsel’s father. Since that time, defense counsel has had to travel to Baltimore,

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Maryland to probate his father’s estate.
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Joint Stipulation Regarding CDCR’S Production of ESI And Modification of Scheduling And Discovery
Order (1:16-cv-0828-AWI-JDP (PC))

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For these reasons, the parties have agreed to the following stipulations about the production
of ESI that is responsive to Plaintiff’s third-party subpoena:

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•

CDCR will complete its production of ESI on or before September 6, 2019; and

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•

CDCR will not have to produce the “COMPSTAT and CSR Excel spreadsheets” as part of

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CDCR’s production of ESI responsive to Plaintiff’s third-party subpoena.

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Due to Defendants’ delay in producing documents, the parties stipulate to a three-month

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extension of the discovery deadline for the limited purpose of allowing Plaintiff to conduct

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depositions. Under this proposed modification, Plaintiff shall have until February 1, 2020 to

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complete depositions, including filing of any motion to compel such depositions. For all other

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discovery, including written discovery and the filing of any motions to compel written discovery,

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the November 1, 2019 deadline will remain in effect. The parties further stipulate to extend the

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deadline for filing all dispositive motions to March 15, 2020.

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Finally, the parties stipulate to the following deadlines for the production of expert

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discovery. Under this proposed stipulation, Plaintiff’s expert reports shall be produced no later

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than November 1, 2019. Defendants’ expert reports, if any, shall be produced by January 1,

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2020. Expert depositions shall be complete by February 15, 2019.

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Joint Stipulation Regarding CDCR’S Production of ESI And Modification of Scheduling And Discovery
Order (1:16-cv-0828-AWI-JDP (PC))

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IT IS SO STIPULATED.
Dated: August 6, 2019

/s/ Christopher J. Bower
Christopher J. Bower
Latham & Watkins, LLP
Attorney for Plaintiff
Joseph Becker

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Dated: August 6, 2019
/s/ Robert M. Perkins, III
Robert M. Perkins, III
Deputy Attorney General
Attorney for Defendants
Wetenkamp, Cartagena, Peterson, Loyd,
Charkow-Ross, and Martinez

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Joint Stipulation Regarding CDCR’S Production of ESI And Modification of Scheduling And Discovery
Order (1:16-cv-0828-AWI-JDP (PC))

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Approved.
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IT IS SO ORDERED.

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Dated:

August 7, 2019

UNITED STATES MAGISTRATE JUDGE

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Joint Stipulation Regarding CDCR’S Production of ESI And Modification of Scheduling And Discovery
Order (1:16-cv-0828-AWI-JDP (PC))