Payne v. State of California et al

Filing 89

STIPULATION AND ORDER TO CONTINUE DATES SET IN THE COURT'S SCHEULING ORDER; Settlement Conference set for 11/12/2019 at 10:00 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto, Pretrial Conference set for 6/1/2020 at 03:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd, Jury Trial set for 7/28/2020 at 08:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd, signed by Magistrate Judge Sheila K. Oberto on 3/18/2019. (Kusamura, W)

1 Theodore Slater, Esq. (SBN 267479)
SLATER LAW, APC
2 1017 L St., #294
Sacramento, CA 95814
3 Telephone:
[phone]
Facsimile:
[phone]
4
Attorney for Plaintiff
5 COLEMAN PAYNE
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA,

9

FRESNO DIVISION

10 COLEMAN PAYNE, an individual,

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

11

STIPULATION AND ORDER TO
CONTINUE DATES SET IN THE
COURT’S SCHEULING ORDER
DOCUMENT 54, DATED 05/24/18

12

Plaintiff,
v.

13
STATE OF CALIFORNIA, a government
14 entity and state in the United States;
DEPARTMENT OF STATE HOSPITALS, a
15 government agency form unknown;
16 METROPOLITAN STATE HOSPITAL, an
entity form unknown; COUNTY OF
17 CALAVERAS, a government entity in the
State of California; CALAVERAS COUNTY
18 SHERIFF, a governmental agency of unknown
form; CALAVERAS COUNTY JAIL, an
19 entity form unknown; JOHN P. BAILEY, an
20 individual; JOY LYNCH, an individual;
CALIFORNIA FORENSIC MEDICAL
21 GROUP, a business entity of unknown form
located in the State of California; DOES 2
22 through 50 inclusive,
23

(Doc. 88)

Defendants.

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IT IS HEREBY STIPULATED BY AND AMONG Defendants County of Calaveras,

26 County of Calaveras Sheriff’s Office, Sergeant John Bailey, Captain Eddie Ballard and Lieutenant
27 Tim Sturm, Plaintiff Coleman Payne, and Co-Defendants Joy Lynch and California Forensic
28 Medical Group (“CFMG”), through their respective counsel:
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

STIPULATION AND ORDER TO CONTINUE DATES SET IN THE COURT’S SCHEULING ORDER
DOCUMENT 54, DATED 05/24/18

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Defendants County of Calaveras (“County”), County of Calaveras Sheriff’s Office

2 (“CCSO”), Sergeant John Bailey, Captain Eddie Ballard, Lieutenant Tim Sturm, Plaintiff Coleman
3 Payne (“Payne”) and Defendants Joy Lynch and CFMG, referred to herein as the “Parties,” hereby
4 stipulate , request, and consent to the Court entering an Order to continue the dates set by this Court
5 in Document 54 as set forth herein below.
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If any of the dates below are not agreeable to this Court the parties signing below would also

7 agree to any later date for any given proposed date listed below. In the alternative, if this Court
8 would rather proceed with a new scheduling conference as a more agreeable means of setting new
9 deadline dates for this case, the parties signing below also consent to that alternative approach.
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This request and stipulation is based on the fact that due to unavoidable delays encountered

11 in proceeding with the deposition of plaintiff related safety concerns for plaintiff, as she was
12 required to travel to California from out of state, and delays in securing the service of process for
13 the TAC on a newly identified and added defendant to this matter, though such service has been
14 diligently sought and recently accomplished, the Parties hereby agree and request that this court
15 grant additional time for the orderly progression of this case through necessary discovery and to the
16 proposed new trial date as set forth herein:
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DISCOVERY DEADLINES:

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Non-Expert Discovery:

Current date: May 3, 2018

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Proposed New Date:

October 11, 2019;

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Expert Disclosure:

Current Date: May 20, 2019;

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Proposed New Date:

October 31, 2019;

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Rebuttal Expert Disclosure: June 10, 2019

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Proposed New Date:

November 22, 2019;

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Expert Discovery:

July 1, 2019

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Proposed New Date:

December 13, 2019

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NON-DISPOSITIVE MOTION DEADLINE:

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Filing:

July 9, 2019;

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Proposed New Date:

January 3, 2020;

MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

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STIPULATION AND ORDER TO CONTINUE DATES SET IN THE COURT’S SCHEULING ORDER
DOCUMENT 54, DATED 05/24/18

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Hearing:

August 7, 2019;

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Proposed New Date:

February 5, 2020;

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DISPOSITIVE MOTION DEADLINES

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Filing:

July 9, 2019;

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Proposed New Date:

January 31, 2020;

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Hearing:

August 20, 2019

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Proposed New Date:

February 25, 2020

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SETTLEMENT CONFERNCE;

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May 30, 2019, at 10:00 a.m.

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Courtroom 7
Proposed New Date:

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November 14, 2019, at 10:00 a.m.
Courtroom 7 or as convenient for the Court

PRETRIAL CONFERENCE:

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November 4, 2019, at 1:30 p.m.

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Courtroom 5

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Proposed New Date:

March 30, 2020, at

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Courtroom 5 or as convenient for the Court
TRIAL:

January 7, 2020, at 1:00 p.m.

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1:30 p.m.

Courtroom 5, 8-10 days
Proposed New Date:

May 19, 2020, at 1:30 p.m., 8-10 days

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Courtroom 5 or as is convenient for the Court

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IT IS SO STIPULATED.

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

3
STIPULATION AND ORDER TO CONTINUE DATES SET IN THE COURT’S SCHEULING ORDER
DOCUMENT 54, DATED 05/24/18

1 Dated: March 15, 2019

McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

2
3

/s/ Deborah A. Byron
Deborah A. Byron
Attorneys for Defendants County of Calaveras,
Calaveras County Sheriff’s Office, John P. Bailey,
Eddie Ballard and Tim Sturm
By:

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5
6
7
8 Dated: March 15, 2019

Slater Law, APC

9
/s/ Theodore Slater
Theodore Slater
Attorneys for Plaintiff, COLEMAN PAYNE

By:

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Dated: March 15, 2019

The Law Offices of Jerome M. Varanini

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By:/s/ Jerome M. Varanini
Jerome M. Varanini
Attorneys for Defendants, JOY LYNCH and
CALIFORNIA FORENSIC MEDICAL GROUP

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16
17

ORDER
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Based in part on the parties’ above-stipulation (Doc. 88), and with good cause shown, the
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Court hereby ORDERS that the Scheduling Order (Doc. 54) is modified as follows:1
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21

Event

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Non-Expert Discovery Completion May 3, 2019

October 11, 2019

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Expert Disclosures

May 20, 2019

October 31, 2019

24

Rebuttal Expert Disclosures

June 10, 2019

November 22, 2019

25

Expert Discovery Completion

July 1, 2019

December 13, 2019

Prior Date

Continued Date

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27

1

Several of the dates proposed by the parties have been adjusted to comport with the Court’s calendar, to allow the

28 Court adequate time to rule on dispositive motions, and to permit the parties sufficient time to prepare their pretrial
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

submissions and for trial.

4

STIPULATION AND ORDER TO CONTINUE DATES SET IN THE COURT’S SCHEULING ORDER
DOCUMENT 54, DATED 05/24/18

1

Non-Dispositive Motion Filing

July 9, 2019

January 3, 2020

2

Non-Dispositive Motion Hearing

August 7, 2019

February 5, 2020

3

Dispositive Motion Filing

July 9, 2019

January 31, 2020

4

Dispositive Motion Hearing

August 20, 2019

March 17, 2020

5

Settlement Conference

May 30, 2019

6

Pretrial Conference

7

Trial

8

November 12, 2019, at
10:00 am
November 4, 2019, 1:30 June 1, 2020, at 3:30 pm
pm
January 7, 2020, 1:00 July 28, 2020, at 8:30 a.m.
p.m.

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10

IT IS SO ORDERED.

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Dated:

March 18, 2019

/s/

Sheila K. Oberto

.

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

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STIPULATION AND ORDER TO CONTINUE DATES SET IN THE COURT’S SCHEULING ORDER
DOCUMENT 54, DATED 05/24/18