Bess v. State of California, et al

Filing 117

ORDER signed by Judge John A. Mendez on 4/6/09 re 116 ORDERING that Designation of Expert Witnesses Disclosures ddl 10/9/2009; Parties to Exchange Supplemental and Rebuttal Expert ddl 10/23/09; Discovery ddl 12/22/2009; Dispositive Motion ddl 2/3/2 010; Dispositive Motion Hearing ddl 3/3/2010. Parties to File Joint Pre-Trial Statement due 4/2/2010. Final Pretrial Conference set for 4/9/2010 at 03:00 PM in Courtroom 6 (JAM) before Judge John A. Mendez. Trial set for 5/17/2010 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Duong, D)

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BROOKS M. BEARD (CA Bar No. 181271) Email: [e-mail] DAVID E. MELAUGH (CA Bar No. 219477) Email: [e-mail] J. RYAN GILFOIL (CA Bar No. 246493) Email: [e-mail] SARA MAHDAVI (CA Bar No. 245791) Email: [e-mail] MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: [phone] Facsimile: [phone] EDWARD J. CADEN (CA Bar No. 166922) Email: [e-mail] LAW OFFICE OF EDWARD J. CADEN 8217 Manger Way Citrus Heights, California 95610-0570 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff SAM BESS

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

SAM BESS, Plaintiff, v. MATTHEW CATE, DAVID SHAW, RODERICK HICKMAN, JEANNE WOODFORD, JOHN DOVEY, SCOTT KERNAN, and MARTIN HOSHINO, Defendants.

Case No. 2:07-CV-01989-JAM-JFM STIPULATION AND ORDER EXTENDING DEADLINES Judge: Hon. John A. Mendez

Plaintiff Sam Bess ("Plaintiff") and Defendants Matthew Cate, David Shaw, Roderick Hickman, Jeanne Woodford, John Dovey, Scott Kernan, and Martin Hoshino ("Defendants"), collectively referred to as the "Parties," respectfully request that the Court extend the deadlines in this litigation. The Parties hereby stipulate as follows:
STIPULATION AND PROPOSED ORDER EXTENDING DEADLINES No. 2:07-CV-01989-JAM-JFM sf-2664275

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1.

Pursuant to the Court's May 7, 2008 Pre-Trial Scheduling Order (Docket No. 41),

the following dates and deadlines currently apply to this litigation: Event Parties to Exchange Initial Expert Witness Disclosures Under Fed. R. Civ. P. 26(a)(2) Parties to Exchange Supplemental and Rebuttal Expert Witness Disclosures Under Fed. R. Civ. P. 26(a)(2)(C) Completion of Fact Discovery Deadline for Dispositive Motions Hearing on Dispositive Motions Parties to File Joint Pre-Trial Statement Final Pre-Trial Conference Trial Date April 10, 2009 April 17, 2009 June 26, 2009 July 29, 2009 August 26, 2009 at 9:00 am October 2, 2009 October 9, 2009 at 2:00 pm November 16, 2009 at 8:30 am The parties continue to meet and confer on open discovery issues. Further, the

2.

Court's Order granting Plaintiff's motion to compel Defendants Cate and Shaw's production of certain documents has been stayed pending resolution of their appeal. Briefing in the appeal is not scheduled to be completed until July 10, 2009, and it may not be fully resolved until months later. The Parties therefore agree that a six-month extension of the above deadlines (subject to the Court's availability) is appropriate in order to complete fact discovery and trial preparation. The parties further note, however, that additional extensions may be necessary depending on when the Ninth Circuit appeal is complete and the result of that appeal. 3. Event Parties to Exchange Initial Expert Witness Disclosures Under Fed. R. Civ. P. 26(a)(2) Parties to Exchange Supplemental and Rebuttal Expert Witness Disclosures Under Fed. R. Civ. P. 26(a)(2)(C) Completion of Fact Discovery Deadline for Dispositive Motions
STIPULATION AND PROPOSED ORDER EXTENDING DEADLINES No. 2:07-CV-01989-JAM-JFM sf-2664275

The Parties request that the Court adopt the following dates and deadlines: Date October 9, 2009 October 23, 2009 December 22, 2009 January 27, 2010 2

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Event Hearing on Dispositive Motions Parties to File Joint Pre-Trial Statement Final Pre-Trial Conference

Date February 24, 2010 at 9:00 am April 2, 2010 April 9, 2010 at 2:00 pm (or as soon thereafter as is convenient for the Court) May 17, 2010 at 8:30 am (or as soon thereafter as is convenient for the Court) The Parties respectfully request that the Court enter this stipulation as an order.

Trial

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Dated: April 6, 2009

MORRISON & FOERSTER LLP BROOKS M. BEARD DAVID E. MELAUGH J. RYAN GILFOIL SARA MAHDAVI By: /s/ Brooks M. Beard Brooks M. Beard

EDWARD J. CADEN LAW OFFICE OF EDWARD J. CADEN Attorneys for Plaintiffs SAM BESS, RYAN COUCH, KENNETH JIMENEZ, and BARNABE TORRES

STIPULATION AND PROPOSED ORDER EXTENDING DEADLINES No. 2:07-CV-01989-JAM-JFM sf-2664275

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EDMUND G. BROWN JR. Attorney General of the State of California JACOB A. APPELSMITH Senior Assistant Attorney General ALICIA M. B. FOWLER Supervising Deputy Attorney General SCOTT H. WYCKOFF Deputy Attorney General By: /s/ Tamara Morgan (as authorized on 4/6/09) Scott H. Wyckoff

Attorneys for Defendants RODERICK HICKMAN, JEANNE WOODFORD, JOHN DOVEY, SCOTT KERNAN, and MARTIN HOSHINO RANKIN, SPROAT, MIRES, BEATY & REYNOLDS GEOFFREY A. BEATY R. MANUEL FORTES By: /s/ R. Manuel Fortes (as authorized on 3/31/09) R. Manual Fortes

Attorney for Defendants MATTHEW CATE and DAVID SHAW

STIPULATION AND PROPOSED ORDER EXTENDING DEADLINES No. 2:07-CV-01989-JAM-JFM sf-2664275

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ORDER (AS MODIFIED BY THE COURT) Based on the Parties' stipulation and for good cause shown, the following schedule will apply to this litigation: Event Parties to Exchange Initial Expert Witness Disclosures Under Fed. R. Civ. P. 26(a)(2) Parties to Exchange Supplemental and Rebuttal Expert Witness Disclosures Under Fed. R. Civ. P. 26(a)(2)(C) Completion of Fact Discovery Deadline for Dispositive Motions Hearing on Dispositive Motions Parties to File Joint Pre-Trial Statement Final Pre-Trial Conference Trial Date October 9, 2009 October 23, 2009 December 22, 2009 February 3, 2010 March 3, 2010 at 9:00 am April 2, 2010 April 9, 2010 at 3:00 pm May 17, 2010 at 9:00 am

PURSUANT TO STIPULATION, IT IS SO ORDERED AS MODIFIED.

Dated: April 6, 2009 /s/ John A. Mendez________________ HON. JOHN A. MENDEZ UNITED STATES DISTRICT JUDGE

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