Payne v. State of California et al

Filing 116

STIPULATION and ORDER RE AMENDING SCHEDULING ORDER TO CONTINUE DATES: Telephonic Pre-Settlement Conference currently set for 9/9/2020 is continued to 3/3/2021 at 03:00 PM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Settlement Con ference currently set for 9/15/2020 to continue to 3/16/2021 at 10:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto, Pretrial Conference currently set for 10/19/2020 is continued to 4/5/2021 at 01:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd, Jury Trial currently set for 12/15/2020 is continued to 6/8/2021 at 08:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Order signed by Magistrate Judge Sheila K. Oberto on 8/27/2020. (Kusamura, W)

Case 1:17-cv-00906-DAD-SKO Document 116 Filed 08/27/20 Page 1 of 4

1 McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
2 Mart B. Oller IV, #149186
[e-mail]
3 7647 North Fresno Street
Fresno, California 93720
4 Telephone:
[phone]
Facsimile:
[phone]
5
Attorneys for Defendants COUNTY OF
6 CALAVERAS, CALAVERAS COUNTY
SHERIFF’S OFFICE, JOHN P. BAILEY,
7 CAPTAIN EDDIE BALLARD and
LIEUTENANT TIM STURM
8
9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA,

11

FRESNO DIVISION

12 COLEMAN PAYNE, an individual,

Case No. 1:17-cv-00906-DAD-SKO

13

STIPULATION AND ORDER RE
AMENDING SCHEDULING ORDER TO
CONTINUE DATES

14

Plaintiff,
v.

15 STATE OF CALIFORNIA, a government
entity and state in the United States;
16 DEPARTMENT OF STATE HOSPITALS, a
government agency form unknown;
17 METROPOLITAN STATE HOSPITAL, an
entity form unknown; COUNTY OF
18 CALAVERAS, a government entity in the
State of California; CALAVERAS COUNTY
19 SHERIFF, a governmental agency of unknown
form; CALAVERAS COUNTY JAIL, an
20 entity form unknown; JOHN P. BAILEY, an
individual; JOY LYNCH, an individual;
21 CALIFORNIA FORENSIC MEDICAL
GROUP, a business entity of unknown form
22 located in the State of California; DOES 2
through 50 inclusive,
23
Defendants.
24
25
26

IT IS HEREBY STIPULATED by and among Plaintiff COLEMAN PAYNE, Defendants

27 COUNTY OF CALAVERAS, COUNTY OF CALAVERAS SHERIFF’S OFFICE, SERGEANT
28 JOHN BAILEY, CAPTAIN EDDIE BALLARD, LIEUTENANT TIM STRUM (collectively the
MCCORMICK, BARSTOW,
SHEPPARD, WAYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

STIPULATION AND ORDER RE AMENDING SCHEDULING ORDER TO CONTINUE DATES

Case 1:17-cv-00906-DAD-SKO Document 116 Filed 08/27/20 Page 2 of 4

1 “County Defendants”) and Defendants CALIFORNIA FORENSIC MEDICAL GROUP, INC.,
2 DR. MARSHA MCKAY, and JOY LYNCH (collectively the “CFMG Defendants”), through their
3 respective counsel that the Court be requested to enter an Order to continue the following dates
4 previously set.
5

Good cause exists for the continuation of the dates for the following reasons:

6

This request and stipulation is based on the fact that unavoidable delays encountered as a

7 result of Covid 19, which is one of the worst health pandemic the world has experienced in recent
8 history, have precluded counsel from adequately preparing the case for trial. As but one example
9 of the challenges the attorneys have experienced in this matter, counsel for the County Defendants,
10 who has an employment law based practice has been deluged with assisting employer clients
11 navigate and survive the Covid 19 issues. Further, counsel for County Defendants is informed and
12 believes to be true that during a recent telephonic conference with Judges of the Eastern District
13 and Federal practitioners regarding the status of Eastern District Court proceedings in light of the
14 Covid 19 issues, Judge Anthony Ishi indicated that he did not believe that it was likely that civil
15 cases would proceed to trial for the remainder of the year. Since this statement was made by
16 Judge Ishi, the Covid infection occurrences and situation in Fresno County have worsened
17 dramatically, with Fresno County remaining on the State watch list and schools not allowed to re18 open. In light of the current Covid situation and with the upcoming cold and flu season, the
19 chances of this case going to trial on December 15, 2020 are nil. Under the truly exceptional
20 circumstances that the parties find themselves, it is believed that the continued trial date to June 8,
21 2021, will provide the most viable chance for having the case tried should a trial be necessary.
22 Counsel for the County Defendants wishes to bring to the Court’s attention that a similar
23 stipulation and request for continuance was recently granted by Magistrate Judge Erica Grosjean
24 in case no. 1:18-CV-00662-AWI-EPG (docs. 27, 28).
25

Based on the above, the parties believe that the interests of judicial economy and justice

26 are best served by the requested continuance of the dates below, which allow for the parties to
27 proceed toward trial in this matter without facing the problem of having the court set trial itself for
28 even later than the parties request herein. The Parties hereby stipulate and request that the Court
MCCORMICK, BARSTOW,
SHEPPARD, WAYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

2
STIPULATION AND ORDER RE AMENDING SCHEDULING ORDER TO CONTINUE DATES

Case 1:17-cv-00906-DAD-SKO Document 116 Filed 08/27/20 Page 3 of 4

1 extend the above dates to the new proposed dates, or alternatively, later dates which accommodate
2 the Court’s schedule.
3

SETTLEMENT CONFERENCE

4

Submit Confidential Settlement Statements – Current Date: September 1, 2020

5

Submit Confidential Settlement Statements – Proposed Date: February 24, 2021

6

Pretrial SC Telephone Conference – Current Date: September 9, 2020 at 3:30 p.m.

7

Pretrial SC Telephone Conference – Proposed Date: March 4, 2021 at 3:30 p.m.

8

Settlement Conference – Current Date: September 15, 2020 at 10:30 a.m.

9

Settlement Conference – Proposed Date: March 12, 2021 at 10:30 a.m.

10

PRETRIAL CONFERENCE

11

Pretrial Conference - Current Date: October 19, 2020, at 1:30 pm.

12

Pretrial Conference - Proposed Date: April 5, 2021 at 1:30 p.m.

13

TRIAL

14

Trial – Current Date: December 15, 2020 at 1:30 p.m.

15

Trial – Proposed Date: June 8, 2021 at 1:30 p.m.

16 Dated: August 25, 2020

McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

17
18

/s/ Mart B. Oller, IV
Mart B. Oller IV
Attorneys for Defendants COUNTY OF
CALAVERAS, CALAVERAS COUNTY
SHERIFF’S OFFICE, JOHN P. BAILEY,
CAPTAIN EDDIE BALLARD and LIEUTENANT
TIM STURM
By:

19
20
21
22
23
Dated: August 25, 2020

SLATER LAW, APC

24
25
26
27

/s/ Theodore Slater
Theodore Slater
Attorneys for Plaintiff COLEMAN PAYNE

By:

28 / / /
MCCORMICK, BARSTOW,
SHEPPARD, WAYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

3
STIPULATION AND ORDER RE AMENDING SCHEDULING ORDER TO CONTINUE DATES

Case 1:17-cv-00906-DAD-SKO Document 116 Filed 08/27/20 Page 4 of 4

1 Dated: August 25, 2020

THE LAW OFFICES OF JEROME M. VARNINI

2
3

/s/ Jerome Varnini
Jerome Varnini
Attorneys for Defendants JOY LYNCH,
CALIFORNIA FORENSIC MEDICAL GROUP,
INC., DR. MARSHA MCKAY
By:

4
5
6
7

ORDER

8

Pursuant to the parties’ above stipulation, for good cause shown, the Court GRANTS the

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parties’ request to modify the remaining scheduling order dates. However, the Court will modify
the proposed settlement conference date to conform to the Court’s scheduling preferences. The

12 remaining dates are modified as follows:
13

1.

The settlement conference is CONTINUED from September 15, 2020, to March

14 16, 2021, at 10:30 a.m. The telephonic pre-settlement conference is CONTINUED from
15

September 9, 2020, to March 3, 2021, at 3:00 p.m. The parties SHALL submit their confidential

16
settlement statements by no later than February 24, 2021.
17
2.

18

The pretrial conference date is CONTINUED from October 19, 2020, to April 5,

19 2021, at 1:30 p.m.
3.

20

The trial date is CONTINUED from December 15, 2020, to June 8, 2021, at 8:30

21 a.m.
22
23

IT IS SO ORDERED.

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25

Dated:

August 27, 2020

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE
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MCCORMICK, BARSTOW,
SHEPPARD, WAYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

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STIPULATION AND ORDER RE AMENDING SCHEDULING ORDER TO CONTINUE DATES

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