Grant v. Swartzinager et al

Filing 38

STIPULATION and ORDER amendeing the court's scheduling order signed by Magistrate Judge John F. Moulds on 10/01/10 ordering discovery deadline set for 11/05/10 limited to statute of limitations issues; all other factual discovery stayed with the exception of Gregory Grant's deposition. Expert designations and reports stayed. Rebuttal designations and reports stayed. Expert discovery cut-off stayed. Pretrial motion cut off 12/03/10.(Plummer, M)

(PC) Grant v. Schwarzenegger et al

Doc. 38

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EDMUND G. BROWN JR. Attorney General of California PAUL REYNAGA, State Bar No. 72361 Supervising Deputy Attorney General ELIZABETH A. LINTON, State Bar No. 231619 Deputy Attorney General 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Defendants

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

GREGORY D. GRANT,

07-CV-2700-JAM-JFM Plaintiff, STIPULATION AND ORDER AMENDING THE COURT'S SCHEDULING ORDER

v. SCHWARZENEGGER, ET AL.,

Defendant.

Action Filed: Dec. 14, 2007

The parties to this action hereby stipulate through their attorneys to extend the dates of the Court's scheduling order and bifurcate discovery so that it is initially limited to the statute of limitations issues, as outlined below. The parties respectfully request that the Court order the amendments to the scheduling order set forth herein. The modification to the scheduling order is necessary because the parties have pursued this litigation in good faith but do not believe that they can complete discovery by the current deadline. This action was filed in pro per. The Court ordered counsel appointed on May 19, 2010, through the Eastern District's Pro Bono Panel. The attorneys met and conferred shortly thereafter and determined that they would not be able to complete discovery before the July 2, 1
Stipulation & Order Amending the Court's Scheduling Order (07-CV-2700-JAM-JFM)
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2010 deadline given the recent appointment of Plaintiff's counsel. They stipulated to amending the Court's scheduling order, and the Court so ordered the change on June 8, 2010. Since that time, the parties have diligently pursued this litigation. Plaintiff's counsel has travelled to Coalinga in order to meet Plaintiff and discuss the case. The parties had informal settlement discussions, which were unsuccessful. They have also been working together to get the necessary documents in this case from Atascadero State Hospital, Coalinga State Hospital, and Santa Cruz County Superior Court. However, despite their diligence and cooperation, they believe that they will be unable to complete discovery by the current discovery deadline of October 1, 2010. Accordingly, the parties request a five-week extension of the discovery deadline to November 5, 2010. In addition, the parties have conferred regarding the statute of limitations defense that Defendants raised in this case. Defendants believe that this case is barred by the statute of limitations. Based on the discovery that they have been able to conduct thus far, the parties agree that this defense will turn in large part on a determination of when the statute of limitations began to accrue. Accordingly, the parties would like to bifurcate discovery in this case. The parties stipulate to stay all discovery in this case other than discovery regarding the statute of limitations issue. All depositions that are taken will be limited to the statute of limitations issue with the exception of the deposition of Plaintiff, Mr. Gregory Grant. In the interest of efficiency, Mr. Grant's deposition will not be limited to the statute of limitations issue. The parties stipulate to this bifurcation of discovery because they believe that it will help conserve resources. Should the parties need to conduct discovery on the merits of this litigation, it will be costly and time-intensive. It will require numerous depositions of different psychiatrists and medical staff at Coalinga and Atascadero state hospitals. It will also require expert reports and depositions. In addition to saving time and resources, neither party should be harmed by the bifurcation since Plaintiff has already received the surgery that is at issue in this litigation. Accordingly, the parties stipulate to bifurcate factual discovery, stay expert discovery, and have an expedited motion for summary judgment on the statute of limitations and other legal issues that do not need additional discovery. To the extent that Defendants are not successful on 2
Stipulation & Order Amending the Court's Scheduling Order (07-CV-2700-JAM-JFM)

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their motion for summary judgment, new deadlines for factual and expert discovery will be set at that time. Accordingly, the parties stipulate to the following changes to the Court's scheduling order:

Event Factual Discovery & Factual Discovery Motions Cut-Off

Current Deadline October 1, 2010

Proposed Deadline November 5, 2010 ­ limited to statute of limitations issues; all other factual discovery stayed, with the exception of Gregory Grant's deposition. stayed stayed stayed December 3, 2010 (for MSJ on statute of limitations and other legal issues)

Expert Designations & Reports Rebuttal Designations & Reports Expert Discovery Cut-Off Pre-Trial Motion Cut-Off

October 29, 2010 November 24, 2010 December 20, 2010 February 18, 2011

Consistent with the Court's original scheduling order, pretrial conference and trial dates will be set, as appropriate, following adjudication of any dispositive motions or upon the expiration of time for filing such motions. IT IS SO STIPULATED /// /// /// /// /// ///

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Dated: September 20, 2010

EDMUND G. BROWN JR. Attorney General of California PAUL REYNAGA Supervising Deputy Attorney General

___/s/ Elizabeth Linton_____________ ELIZABETH A. LINTON Deputy Attorney General Attorneys for Defendants Dated: September 20, 2010 /s/ Joe Ramsey, Esq. (as authorized on 9/16/2010)________ JOE RAMSEY, ESQ. Attorney for Grant Gregory

IT IS SO ORDERED Dated: October 1, 2010. /s/ John F. Moulds John F. Moulds U.S. Magistrate Judge
gran2700.41amdsec

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Stipulation & Order Amending the Court's Scheduling Order (07-CV-2700-JAM-JFM)