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)
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)
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?