Hightower v. Tilton et al

Filing 88

STIPULATION and ORDER signed by District Judge Marsha J. Pechman on 7/30/2012 ORDERING 87 Defendants shall respond to Plaintiff's first sets of discovery on or before 8/1/2012; Plaintiff shall respond to Defendants' first sets of discover y on or before 9/7/2012; and Defendants shall respond to Plaintiff's second set of requests for production on or before 9/7/2012; Paragraph 6 of the discovery and scheduling order 86 , is MODIFIED such that the parties may conduct discovery until 10/1/2012. (Reader, L)

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KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
MISHA D. IGRA, State Bar No. 208711
Supervising Deputy Attorney General
GREGORY G. GOMEZ, State Bar No. 242674
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 Grannis, Tilton, Campbell, Fox,
Bunnell, Montanez, Reaves, Subia, Huerta-Garcia,
Reyes, Griffin, Gutierrez, Mwangi, Lewis and
Rodriquez

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO DIVISION
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THOMAS A. HIGHTOWER,

2:08-cv-01129-MJP

v.

Plaintiff, STIPULATION TO MODIFY
SCHEDULING ORDER AND
PROPOSED ORDER

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JAMES TILTON, et al.,
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Defendants.
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The parties, by and through their attorneys of record, stipulate to an extension of the

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discovery deadline as set forth in the order issued on May 8, 2012 (ECF No. 86), to enable the

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parties to complete written discovery, to meet and confer, to conduct depositions following

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receipt of responses to written discovery, and to provide sufficient time to prepare and file any

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necessary motions.

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Plaintiff filed his second amended complaint on October 20, 2011, alleging that his

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detention in administrative segregation and placement in the “A2B” prisoner group violated his

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rights under federal and state law. (ECF No. 77.)
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Stip. to Mod. Sch. Order; Order (2:08-cv-01129-MJP)

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Defendants moved to dismiss the Second Amended Complaint on November 3, 2011, the
motion was argued, and the Court partially granted Defendants’ motion to dismiss by dismissing
certain claims. (ECF No. 78, 80, 82, 84.)
The Court issued its discovery and scheduling order on May 8, 2012 (ECF No. 86), and set
the discovery deadline to be September 7, 2012. On May 29, 2012, Plaintiff’s counsel
propounded Plaintiff’s first set of interrogatories, and first requests for production and admission.
On June 6, 2012, Defendants’ counsel propounded requests for production and first sets of
interrogatories.
After meeting and conferring on July 9, 2012, the parties agreed that each needed an
extension of time to respond to the already-served discovery requests because of workload and
anticipated difficulties in obtaining responses. Defendants’ counsel determined that they require
an extension of time to August 1, 2012, to respond to Plaintiff’s first sets of discovery. And
Plaintiff’s counsel identified that he requires an extension of time to September 7, 2012, to
respond to Defendants’ first sets of discovery.
Counsel for the parties also agreed to request a modification of the scheduling order, in
order to extend the discovery deadline to October 1, 2012, so that the parties have sufficient time
to meet and confer, conduct depositions following receipt of responses to written discovery, and
to prepare and file any necessary discovery motions.
In the afternoon of July 9, 2012, Plaintiff’s counsel served Plaintiff’s second requests for
production on Defendants. After discussing Plaintiff’s second requests for production, the parties
agreed that Defendants shall have additional time, up to and including September 7, 2012, to
respond to this additional discovery.
The parties are completing their responses to the discovery requests, and anticipate that
after completion, the issues will be significantly narrowed. Such narrowing will facilitate
productive depositions, summary judgment, and trial.
Defendants have good cause to request additional time to prepare their responses to
Plaintiff’s discovery requests, due to difficulties in contacting and obtaining documents from the

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Stip. to Mod. Sch. Order; Order (2:08-cv-01129-MJP)

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California Department of Corrections and Rehabilitation, and in light of to Defense counsel’s
workload. Plaintiff has good cause to request additional time to prepare his responses to
Defendants’ discovery requests, due to Plaintiff being incarcerated and not readily available to
communicate with his counsel, and logistical concerns in delivering documents for review.

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Accordingly, the parties agree to the following terms and request, if acceptable to the Court,
modification of the discovery schedule as follows:

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(1) Defendants shall respond to Plaintiff’s first sets of discovery on or before August 1,
2012;
(2) Plaintiff shall respond to Defendants’ first sets of discovery on or before September 7,
2012; and
(3) Defendants shall respond to Plaintiff’s second set of requests for production on or
before September 7, 2012.
(4) Paragraph 6 of the discovery and scheduling order issued on May 8, 2012 (ECF No.
86), is modified such that the parties may conduct discovery until October 1, 2012.

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Dated: July 16, 2012

Respectfully submitted,

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KAMALA D. HARRIS
Attorney General of California
MISHA D. IGRA
Supervising Deputy Attorney General

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/S/ Gregory G. Gomez
__________________________
GREGORY G. GOMEZ
Deputy Attorney General
Attorneys for Grannis, Tilton, Campbell,
Fox, Bunnell, Montanez, Reaves, Subia,
Huerta-Garcia, Reyes, Griffin, Gutierrez,
Mwangi, Lewis and Rodriquez

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Stip. to Mod. Sch. Order; Order (2:08-cv-01129-MJP)

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Dated: July 16, 2012

Respectfully submitted,

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/S/ DARIO A. MACHLEIDT
DARIO A. MACHLEIDT
COUNSEL FOR PLAINTIFF

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IT IS SO ORDERED:
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Dated: ____July 30, 2012_____________
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A

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Marsha J. Pechman
United States District Judge

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Stip. to Mod. Sch. Order; Order (2:08-cv-01129-MJP)