Estate of Matthew McEvers et al v. County of Sacramento et al

Filing 97

STIPULATION and ORDER TO MODIFY THE PRETRIAL SCHEDULING ORDER signed by Magistrate Judge Robert A. McQuaid on 07/01/09 ORDERING that: the discovery cut-off is 12/22/09; deadline for expert disclosures is 01/11/10; deadline for disclosure of supplemen tal expert witnesses is 02/08/10; expert discovery cutoff is 03/26/10; dispositive motion cut-off is 04/26/10; Final Pretrial Conference set for 06/21/10 at 01:30 PM in Visiting Judge (TBD) before Judge Larry R Hicks; Jury Trial set for 10/19/10 at 09:00 AM in Visiting Judge (TBD) before Judge Larry R Hicks. (Benson, A.)

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LAW OFFICE OF STEWART KATZ Stewart Katz, SBN # 127425 555 University Avenue, Suite 270 Sacramento, CA 95825 [phone] Attorney for Plaintiffs Estate of MATTHEW McEVERS, deceased, by and through BRETT McEVERS and GABRIEL McEVERS (minors through their mother and guardian ad litem Shannon McEvers) AND SHANNON McEVERS as successors in interest; BRETT McEVERS, Individually; GABRIEL McEVERS, Individually; SHANNON McEVERS, Individually; and LYNETTE McEVERS, Individually UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA Estate of MATTHEW McEVERS, deceased, by and through BRETT McEVERS and GABRIEL McEVERS (minors through their mother and guardian ad litem Shannon McEvers) and SHANNON McEVERS, as successors in interest; BRETT McEVERS, Individually; GABRIEL McEVERS, Individually; SHANNON McEVERS, Individually; LYNETTE McEVERS, Individually; and HARRY E. W. MCEVERS, Plaintiffs, vs. COUNTY OF SACRAMENTO; Sacramento County Sheriff's Department Sheriff LOU BLANAS; Sacramento County Sheriff's Department Captain MARK IWASA; Sacramento County Sheriff's Deputy ANGELA EISENTROUT; Federal U.S. Marshal ANTONIO AMADOR; Federal Pre-trial Services Chief ROBERT DUNCAN; Federal Pre-trial Services Officer SANDRA HALL; the UNITED STATES OF AMERICA and Does I through XXX, inclusive, Defendants. ___________________________________/

NO. 2:06-CV-02161-LRH

APPLICATION AND [PROPOSED] ORDER TO MODIFY PRETRIAL SCHEDULING ORDER

Application and [Proposed] Order to Modify Pretrial Scheduling Order

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COME NOW THE PARTIES by and through their respective attorneys and subject to the approval of this Court, hereby agree to and respectfully request the below modifications and/or amendments to this Court's January 15, 2009 Status (Pretrial Scheduling) Order (Docket No. 84). The undersigned all participated in a telephonic conference on June 19, 2009, and agreed at that time to propose these joint requests. The parties contend there is good cause for this request for the following reasons: (1) the involvement of seven different attorneys/groups of represented clients as well as a pro per has resulted in much slower than anticipated progress in discovery and other matters; (2) the fact that two of the attorneys are sole practitioners and one of the plaintiffs is pro per has been a further complication to scheduling; (3) most of the plaintiffs presently live in North Carolina, and the United States is being represented out of the Los Angeles branch of the U.S. Attorney's Office, contributing to logistical difficulties; (4) there have been several discovery disputes, one of which was litigated and central to both the plaintiffs' case and confirmed the conflicting position(s) amongst the defendants, that went on for several months which effectively put discovery on hold pending the resolution of that issue; and (5) there have been numerous unanticipated disputes regarding documents and interrogatories which were not encountered in the previous suicide cases related to the Sacramento County Main Jail. As the most significant obstacle has far and away been scheduling difficulties, the parties have agreed to ask the Court to order all Counsel to be available for depositions on the following dates: September 9 ­ 11, 2009, September 21 ­ 24, 2009, September 29 ­ October 2, 2009 and October 27 ­ 29, 2009. The parties believe that this order as to the required availability of counsel is necessary and will be invaluable in avoiding the conflicts that have plagued discovery efforts in this case thus far. The proposed modifications are as follows: · That the discovery cut-off date set for August 24, 2009, be moved to

December 22, 2009. · That the deadline for expert disclosures set for September 8, 2009, be moved

to January 11, 2010.

Application and [Proposed] Order to Modify Pretrial Scheduling Order

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·

That the deadline for disclosure of supplemental expert witnesses set for

October 5, 2009, be moved to February 8, 2010. · That the completion date for expert discovery set for November 23, 2009, be

moved to March 26, 2010. · That the dispositive motion cut-off date set for December 21, 2009 be moved

to April 26, 2010. · That the final pretrial conference date set for February 22, 2010 at 1:30 p.m.

be moved to June 21, 2010 at 1:30p.m. · That the trial date set for June 15, 2010 at 9:00 a.m. be moved to October 19,

2010 at 9:00 a.m.

Dated: June 25, 2009

/s/ Stewart Katz STEWART KATZ, Attorney for Plaintiffs /s/ Van Longyear VAN LONGYEAR Attorney for Defendants County of Sacramento, Blanas and Iwasa /s/ Danny D. Brace, Jr. DANNY D. BRACE, JR. Attorney for Defendant Amador /s/ Kenneth C. Memmemeier KENNETH C. MENNEMEIER Attorney for Defendants Duncan & Hall /s/ David A. Dejute DAVID A. DEJUTE Attorney for Defendant USA /s/ Jonathan Paul JONATHAN PAUL Attorney for Defendant Eisentrout

Dated: June 25, 2009

Dated: June 25, 2009

Dated: June 25, 2009

Dated: June 25, 2009

Dated: June 30, 2009

Application and [Proposed] Order to Modify Pretrial Scheduling Order

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Dated: June 28, 2009

/s/ Harry McEvers HARRY MCEVERS Plaintiff In Propria Persona

IT IS SO ORDERED:

July 1, 2009 Dated: _________________________

_____________________________ LARRY R. HICKS UNITED STATES MAGISTRATE JUDGE United States District Judge

Application and [Proposed] Order to Modify Pretrial Scheduling Order

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