Proctor v. California Department of Corrections and Rehabilitation et al

Filing 44

STIPULATION and ORDER to STAY DISCOVERY for Purposes of Conducting Settlement Conference. Order signed by Magistrate Judge Sheila K. Oberto on 10/19/2017. (Timken, A)

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1 2 3 4 5 6 7 8 XAVIER BECERRA, State Bar No. 118517 Attorney General of California R. LAWRENCE BRAGG, State Bar No. 119194 Acting Supervising Deputy Attorney General ARTHUR B. MARK III, State Bar No. 220865 Deputy Attorney General 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: (916) 210-7345 Fax: (916) 324-5205 E-mail: Arthur.Mark@doj.ca.gov Attorneys for Defendants Hudson, Macias, Santos, Short, Curry, Ochoa and Jimenez 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 FRESNO DIVISION 12 13 14 15 16 v. 17 18 1:16-cv-01120 DAD SKO KHADAPHI PROCTOR, Plaintiff, STIPULATION AND ORDER TO STAY DISCOVERY FOR PURPOSES OF CONDUCTING SETTLEMENT CONFERENCE JIMMY MACIAS, et al., (Doc. 43) Defendants. Judge: 19 The Honorable Sheila K. Oberto Trial Date: January 19, 2019 Action Filed: August 1, 2016 20 21 22 23 24 25 26 27 28 The parties, by and through their attorneys of record, stipulate as follows: 1. A settlement conference is currently set in this case for June 12, 2018. 2. The parties have exchanged initial disclosures and have conducted written discovery. Plaintiff’s responses to Defendants’ Ochoa, Short, Macias, Curry, Santos, Hudson, and Jimenez’s Requests for Production Set Two, Defendant Macias’s Interrogatories Set Two, and Requests for Admissions, Set One remain outstanding. Plaintiff has also agreed to provide supplemental 1 Stipulation and Order re: Discovery and Settlement (1:16-cv-01120 DAD SKO) 1 responses to some of Defendants’ interrogatories. The parties need to meet and confer in an 2 attempt to resolve Defendants’ objections to Plaintiff’s discovery, including meeting and 3 conferring on documents identified on a privilege log produced by Defendants Ochoa, Short, 4 Macias, Curry, Santos, Hudson, and Jimenez. Moreover, Defendants anticipate a discovery 5 dispute pertaining to Samantha Bone, an investigator who allegedly interviewed Plaintiff’s 6 witness Jacob Robertson. 7 3. Jacob Robertson was deposed on October 3, 2017, and the depositions of Plaintiff and 8 Constance Carter are set for October 18-19, 2017 in San Diego, California. Plaintiff has indicated 9 he will be deposing at least three or more of the Defendants. 10 4. An earlier settlement conference would be beneficial to the parties, in that it would 11 allow the parties to ascertain whether this case can be settled prior to the expenditure of 12 significant resources to take depositions of defendants, plaintiff and other witnesses, to conduct 13 expert witness discovery, and to resolve outstanding discovery disputes. Accordingly, the parties 14 have requested that the court set a settlement conference as expeditiously as possible, preferably 15 in November 2017. 16 5. Further, in order to conserve resources, discovery shall be stayed pending completion 17 of the settlement conference. Depositions of Plaintiff and Constance Carter, currently set for 18 October 18-19, 2017 shall be taken off calendar. In the event this case is not settled at the 19 conference, the previously served notices of deposition shall be effective for any date later agreed 20 to by the parties. In addition, Plaintiff shall serve responses to Defendants’ outstanding written 21 discovery within two weeks after the date of the settlement conference. 22 6. If the case is not settled, the parties will meet and confer and present to the Court a 23 revised schedule for the completion of fact and expert discovery and the filing of dispositive and 24 non-dispositive motions within two weeks of the date of the settlement conference. At this time, 25 the parties do not anticipate that the trial date will need to be changed. 26 27 28 2 Stipulation and Order re: Discovery and Settlement (1:16-cv-01120 DAD SKO) 1 Respectfully Submitted, 2 3 Dated: October 6, 2017 4 KAMALA D. HARRIS Attorney General of California LAWRENCE R. BRAGG Acting Supervising Deputy Attorney General 5 /s/ Arthur B. Mark III 6 ARTHUR B. MARK III Deputy Attorney General Attorneys for Defendants Santos, Short, Curry, Ochoa, Jimenez, Hudson and Macias 7 8 9 10 11 Dated: October 6, 2017 FILER | PALMER, LLP By: /s/ Justin A. Palmer (as authorized on October 6, 2017) Justin A. Palmer Attorneys for Plaintiff KHADAPHI PROCTOR 12 13 14 15 16 Dated: October 6, 2017 ANDRADA & ASSOCIATES 17 /s/ Lynn G. Stocker (as authorized on October 6, 2017) LYNNE. G. STOCKER Attorneys for Defendant Smalley 18 19 20 ORDER 21 22 23 24 25 26 27 The Court having reviewed the parties’ above stipulation (Doc. 43) and good cause appearing, the stipulation is GRANTED. It is hereby ORDERED that: 1. Discovery is STAYED pending completion of the settlement conference, to be held on December 14, 2017, at 1:00 p.m. in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. In the event this case is not settled at the conference, the previously-served notices of deposition shall be effective for any date later agreed to by the parties. In addition, Plaintiff shall serve responses to Defendants’ 28 3 Stipulation and Order re: Discovery and Settlement (1:16-cv-01120 DAD SKO) 1 outstanding written discovery within two weeks after the date of the settlement 2 conference; and 3 2. If the case is not settled as a result of the settlement conference, the parties 4 SHALL meet and confer and present to the Court a revised schedule for the 5 completion of fact and expert discovery and the filing of dispositive and non- 6 dispositive motions by no later than December 29, 2017. Any modification to 7 the discovery deadlines SHALL NOT affect the previously-set pretrial conference 8 and trial dates in this case. 9 10 11 IT IS SO ORDERED. Dated: October 19, 2017 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 Stipulation and Order re: Discovery and Settlement (1:16-cv-01120 DAD SKO)

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