Hunt v. Reyes et al

Filing 208

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 08/08/17 ORDERING that discovery is REOPENED to permit Plaintiff to take up to 3 additional depositions. Discovery shall remain open until the earlier of the completion of those depositions or 60 days from this order. Within 30 days following the close of discovery, the parties are directed to file a Joint Notice of Trial Readiness. (Benson, A.)

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1 2 3 4 5 6 7 MATTHEW I. KREEGER (CA SBN 153793) MKreeger@mofo.com RACHEL S. DOLPHIN (CA SBN 305477) RDolphin@mofo.com MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: 415.268.7000 Fax: 415.268.7522 KELLI M. HAMMOND Attorney General of the State of California Department of Justice 1300 I Street, Suite 1101 Sacramento, CA 95814 Telephone: 916.322.4638 Facsimile: 916.324.5205 Attorneys for Defendants M. REYES, ET AL. Attorneys for Plaintiff MICHAEL A. HUNT 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL A. HUNT, 12 Case No. 2:08-cv-00181 MCE CKD Plaintiff, 13 v. 14 M. REYES, et al., 15 Defendants. 16 17 Pursuant to Local Rule 143 and Fed. R. Civ. P. Rule 29, the parties hereby stipulate, subject to the Court’s approval, as follows: 18 19 WHEREAS, counsel for Plaintiff was appointed by the Court on May 31, 2017, and in the prior district court proceedings Plaintiff proceeded pro se; 20 21 22 WHEREAS, on July 28, 2017, the parties submitted a joint status report indicating that the parties agreed to reopen discovery for the opportunity for Plaintiff to take up to three additional depositions; 23 24 25 26 27 STIPULATION AND ORDER TO REOPEN DISCOVERY WHEREAS, on July 31, 2017, the parties received an email from Judge England’s courtroom deputy Stephanie Deutsch asking the parties to file a stipulation and proposed order to reopen discovery; /// /// 28 CASE NO. 2:08-CV-00181 MCE CKD STIPULATION AND //ORDER TO REOPEN DISCOVERY sf-3810393 1 1 2 3 NOW THEREFORE, Without prejudice to any parties’ right to seek interim relief, discovery shall be reopened for the purpose of Plaintiff taking up to three additional depositions. 4 5 6 Dated: August 2, 2017 MORRISON & FOERSTER LLP By: 7 8 /s/ Matthew I. Kreeger Matthew I. Kreeger MATTHEW I. KREEGER RACHEL S. DOLPHIN Morrison & Foerster LLP 425 Market Street San Francisco, California 94105-2482 Telephone: 415.268.7000 Facsimile: 415.268.7522 9 10 11 12 Attorneys for Plaintiff MICHAEL A. HUNT 13 14 DEPUTY ATTORNEY GENERAL FOR THE STATE OF CALIFORNIA 15 By: /s/ Kelli M. Hammond Kelli M. Hammond 16 17 KELLI M. HAMMOND Attorney General of the State of California Department of Justice 1300 I Street, Suite 1101 Sacramento, CA 95814 Telephone: 916.322.4638 Facsimile: 916.324.5205 18 19 20 21 Attorneys for Defendants M. REYES, ET AL. 22 23 24 25 26 27 28 CASE NO. 2:08-CV-00181 MCE CKD STIPULATION AND //ORDER TO REOPEN DISCOVERY sf-3810393 2 1 2 ORDER 3 4 5 6 Pursuant to the stipulation of the parties and good cause having been shown, discovery is hereby reopened to permit Plaintiff to take up to three (3) additional depositions. Discovery shall remain open until the earlier of the completion of those depositions or sixty (60) days from the date this Order is electronically filed. 7 8 9 10 11 12 13 14 15 Within thirty (30) days following the close of discovery, the parties are directed to file a Joint Notice of Trial Readiness. The parties are to set forth in their Notice of Trial Readiness, the appropriateness of special procedures, whether this case is related to any other case(s) on file in the Eastern District of California, the prospect for settlement, their estimated trial length, any request for a jury, and their availability for trial. The parties’ Notice of Trial Readiness Statement shall also estimate how many court days each party will require to present its case, including opening statements and closing arguments. Plaintiff’s estimate shall also include the time necessary for jury selection, and Defendant’s estimate shall include the time necessary to finalize jury instructions and instruct the jury. 16 17 18 This Court is in session for jury selection, opening statements, presentation of evidence, closing arguments, finalizing proposed jury instructions and verdict forms, and instruction of the jury Monday through Wednesday, only. During trial days, the Court adheres to the following schedule: 19 Trial: 9:00—10:30 A.M. 20 Break: 10:30—10:50 A.M. 21 Trial: 10:50—12:00 P.M. 22 Lunch: 12:00—1:30 P.M. 23 Trial: 1:30—3:00 P.M. 24 Break: 3:00—3:20 P.M. 25 26 27 Trial: 3:20—4:30 P.M. Jury deliberations only are Monday through Friday if necessary. /// 28 CASE NO. 2:08-CV-00181 MCE CKD STIPULATION AND //ORDER TO REOPEN DISCOVERY sf-3810393 3 1 2 3 4 5 /// After review of the parties’ Joint Notice of Trial Readiness, the Court will issue an order that sets forth dates for a final pretrial conference and trial. IT IS SO ORDERED. Dated: August 8, 2017 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CASE NO. 2:08-CV-00181 MCE CKD STIPULATION AND //ORDER TO REOPEN DISCOVERY sf-3810393 4

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