Mitchell v. Felker et al

Filing 151

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 2/8/2013 and agreed between the parties to AMEND the pre-trial schedule as to: Non-Expert Discovery due 4/30/2013; Expert Discovery due 7/19/2013; Law and Motions due on or before 8/19/2013; Joint Pretrial Statement due 11/20/2013; Pretrial Conference is set for 12/4/2013 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan; and Jury Trial is set for 3/3/2014 at 08:30 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Yin, K)

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PRISON LAW OFFICE
DONALD SPECTER (SBN 83925)
REBEKAH EVENSON (SBN 207825)
1917 Fifth Street
Berkeley, California 94710-1916
Telephone: [phone]
Facsimile: 510.280.2704
[e-mail]
[e-mail]

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BINGHAM MCCUTCHEN LLP
GEOFFREY HOLTZ (SBN 191370)
MANU PRADHAN (SBN 253026)
HEATHER SHOOK (SBN 268716)
Three Embarcadero Center
San Francisco, CA 94111-4067
Telephone: [phone]
Facsimile: 415.393.2286
[e-mail]
[e-mail]
[e-mail]

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KAMALA D. HARRIS
Attorney General of California
DAMON G. McCLAIN (SBN 209508)
Supervising Deputy Attorney General
CHRISTOPHER J. BECKER (SBN 230529)
Deputy Attorney General
ERIN SULLIVAN (SBN 242757)
Deputy Attorney General
455 Golden Gate Ave., Suite 11000
San Francisco, Ca 94102-7004
Telephone: [phone]
Facsimile: 415.703.5843
Email: [e-mail]

Attorneys for Plaintiffs

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Attorneys for Defendants M. Cate, S. Kernan,
T. McDonald, G. Giurbino, J. Tilton, T. Felker,
M. Wright, F. Foulk, D. Vanderville, J. Owen,
and D. Hellwig

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ROBERT MITCHELL,

No. 2:08-CV-01196-JAM-EFB

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Plaintiff,
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v.

STIPULATION AND [PROPOSED]
ORDER AMENDING SCHEDULING
ORDER

TOM FELKER, et al.,
Defendants.

Action filed:

May 30, 2008

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STIPULATION AND [PROPOSED] ORDER AMENDING SCHEDULING ORDER

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STIPULATION AND ORDER AMENDING SCHEDULING ORDER
Plaintiffs and Defendants, through their counsel of record, stipulate to an amended pretrial schedule, and request an order of the Court as follows:
1.

The Second Amended Complaint in this action seeks injunctive relief regarding

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the official policy of the California Department of Corrections and Rehabilitation (“CDCR”)

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regarding modified programs and/or lockdowns.

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2.

On August 28, 2012, the Court entered a Scheduling Order, setting pre-trial

deadlines, including a fact-discovery cutoff of March 13, 2013. See Dkt. 121.
3.

On August 28, 2012, the day discovery opened, Plaintiffs served Requests for

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Production and Interrogatories on Defendants. On October 1, 2012, Defendants served

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Responses to Plaintiffs’ Requests for Production and Interrogatories. On October 3, 2012,

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Plaintiff moved to compel discovery, and the parties filed a Joint Statement on October 17, 2012.

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4.

On October 26, 2012, the Court ordered that Defendants shall produce documents

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on a rolling basis according to the schedule proposed by Defendants in the parties’ Joint

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Statement, which proposed that all documents would be produced by November 26, 2012. The

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Court also ordered the parties to meet and confer about electronic discovery.

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5.

Since the Court’s Order, the parties have continued to meet and confer about

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discovery. Defendants have been producing documents on a rolling basis. However,

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Defendants’ document production is still ongoing and not yet complete. Defendants expect to

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finish their production at the end of March - after the discovery cutoff - and Plaintiffs have

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requested that production be completed earlier.

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6.

On January 3, 2013, Plaintiffs noticed 14 additional depositions which have not

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yet been scheduled. Defendants proposed dates for some of these depositions, which begin on

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February 22 and continue through March 21 - after the discovery cut-off. Plaintiffs also

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anticipate noticing the depositions of the named Defendants in this action.

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7.

Given the discovery that remains outstanding, that Defendants do not expect to

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finish their production until the end of March, that Plaintiffs will then need more time to review

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and analyze those documents and determine if additional discovery or depositions are necessary
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STIPULATION AND [PROPOSED] ORDER AMENDING SCHEDULING ORDER

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based on the documents, and that Defendants proposed dates for depositions to take place after

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the discovery cutoff, Plaintiffs requested a 30 day extension to the pre-trial deadlines in the

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Court’s Scheduling Order. Defendants agreed and proposed a 45 day extension.

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8.

The parties also agree that, given the outstanding discovery and the need for fact

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discovery to be completed to evaluate the need for experts, the deadline for expert disclosures

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should be extended by an additional 15 days, or by 60 days total.

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amended as follows:
A.

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2.

The deadline to hear discovery motions, formerly February 3, 2013, shall

now be March 27, 2013.
B.

Expert Discovery
1.

The deadline to serve expert disclosures, formerly March 13, 2013, shall

now be May 15, 2013.

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The deadline to complete all non-expert discovery, formerly March 13,

2013, shall now be April 30, 2013.

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Non-Expert Discovery
1.

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THEREFORE, the parties stipulate and propose that pre-trial schedule be

2.

The deadline to serve expert rebuttal reports, formerly April 8, 2013, shall

now be June 10, 2013.

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3.

The deadline to complete all expert discovery, formerly May 20, 2013,

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shall now be July 19, 2013.
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C.

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Law and Motion
1.

The deadline to hear any law and motion matter, formerly July 3, 2013,

shall now be August 19, 2013.
D.

Pretrial Conference

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1.

The deadline for the parties to file a joint pretrial statement, formerly

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August 21, 2013, shall now be November 20, 2013 September 21, 2013.
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STIPULATION AND [PROPOSED] ORDER AMENDING SCHEDULING ORDER

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2.

The pretrial conference, formerly scheduled on August 28, 2013, shall

now be held on December 4, 2013 September 28, 2013 at 10:00am.
E.

Trial
1.

The trial date, formerly scheduled on shall remain the same as previously

scheduled, October 21, 2013, shall now be held on March 3, 2014, at 8:30 a.m.

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DATED: February 7, 2013

DATED: February 7, 2013

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BINGHAM MCCUTCHEN LLP

KAMALA D. HARRIS
Attorney General of the State of California

By: /s/ Heather Shook
Heather Shook
Attorneys for Plaintiffs

By: /s/ Damon McClain
Damon McClain
Supervising Deputy Attorney General
Attorneys for Defendants

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(As authorized on February 7, 2013)

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SO ORDERED.

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DATED: February 8, 2013.

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STIPULATION AND [PROPOSED] ORDER AMENDING SCHEDULING ORDER