Swenson v. Siskiyou County et al

Filing 166

STIPULATION and ORDER signed by Judge John A. Mendez on 1/30/14: The deadline to complete certain percipient witness depositions and expert depositions reset to March 14, 2014. Defendants time to respond to currently outstanding written discovery extended to February 14, 2014. The time for defendants to respond to the written discovery shall be extended to February 14, 2014. (Kaminski, H)

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1 THERESE Y. CANNATA (SBN 88032) JOSHUA R. GARBER (SBN 283643) 2 CANNATA, CHING & O’TOOLE LLP 100 Pine Street, Suite 350 3 San Francisco, CA 94111 Telephone: (415) 409-8900 4 Facsimile: (415) 409-8904 5 Attorneys for Plaintiff STANLEY SWENSON 6 PHILIP B. PRICE (SBN 32620) 7 PRICE & BROWN 466 Vallombrosa Avenue 8 P.O. Box 1420 Chico, CA 95927 9 Telephone: (530) 343-4412 Facsimile: (530) 343-7251 10 BRIAN L. MORRIS (SBN 222650) 11 Siskiyou County Counsel P.O. Box 659 12 Yreka, CA 96097 Telephone: (530) 842-8100 13 Facsimile: (530) 842-7032 14 Attorneys for Defendants SISKIYOU COUNTY, SISKIYOU COUNTY PLANNING 15 COMMISSION, LAVADA ERICKSON, FRANK DEMARCO, DON LANGFORD, BILL HOY, MARCIA ARMSTRONG, JIM 16 COOK, RON STEVENS, JEFF FOWLE, CHRIS LAZARIS, MIKE MCMAHON, BRIAN MCDERMOTT, LARRY ALLEN, 17 AND PETE KNOLL 18 UNITED STATES DISTRICT COURT 19 20 EASTERN DISTRICT OF CALIFORNIA STANLEY SWENSON, an individual, 21 22 23 CASE NO.: 2:08-CV-1675 JAM CMK PS Plaintiff, STIPULATION TO RESET EXPERT DISCLOSURE DATES AND DISCOVERY CUT-OFF; (PROPOSED) ORDER _____________________________________/ v. SISKIYOU COUNTY, et al., 24 Defendants. ___________________________________/ 25 26 27 28 -1STIPULATION AND ORDER RE DISCOVERY 1 Plaintiff Stanley Swenson and defendants Siskiyou County, Siskiyou County Planning 2 Commission, Lavada Erickson, Frank Demarco, Don Langford, Bill Hoy, Marcia Armstrong, Jim 3 Cook, Ron Stevens, Jeff Fowle, Chris Lazaris, Mike Mcmahon, and Brian Mcdermott 4 (collectively “the Parties”), by and through their respective counsel, hereby stipulate and agree as 5 follows: 6 WHEREAS the Court’s Status (Pre-Trial Scheduling) Order (Document 154) set (1) the 7 last day to exchange expert witness disclosures under Federal Rules of Civil Procedure, Rule 8 26(a)(2) by December 13, 2013; and (2) the last day to exchange supplemental disclosure and 9 disclosure of rebuttal experts under Federal Rules of Civil Procedure, Rule 26(a)(2)(c) by 10 December 20, 2013. 11 WHEREAS the Court’s Status (Pre-Trial Scheduling) Order (Document 154) set February 12 14, 2014 as the deadline to complete all discovery, including written and deposition discovery. 13 WHEREAS the Parties met and conferred about extending these dates in order to permit 14 an orderly completion of expert and percipient discovery, and thus wish to extend the deadlines 15 for expert witness disclosures and certain other discovery. 16 WHEREAS the Parties have completed expert disclosure in December 2013 and January 17 2013, but neglected to seek Court approval in advance of moving these dates, and now 18 respectfully request that this Court confirm the revised schedule. 19 WHEREAS the Parties wish to move the deadline to complete certain percipient witness 20 depositions and expert depositions to March 14, 2014. 21 WHEREAS, the Parties wish to extend defendants time to respond to currently 22 outstanding written discovery by two days, to February 14, 2014. 23 WHEREAS, these extensions will not impact the ability of the Parties to timely complete 24 discovery, including expert discovery in this matter, and comply with the other deadlines set by 25 the Court in the Pretrial Scheduling Order, including the Pretrial Conference and the Trial. 26 The Parties stipulate and agree as follows: 27 1. Regarding Expert Disclosures: Plaintiff shall disclose experts no later than 28 December 19, 2013 (done). Defendants shall disclose experts no later than January 10, 2014 (done). The Parties shall make supplemental expert disclosures no later than January 30, 2014. -2STIPULATION AND ORDER RE DISCOVERY 1 2. Regarding the Discovery Cut Off: The parties agree to complete certain percipient 2 witness depositions and expert depositions by March 14, 2014. In this regard, the parties agree to 3 serve notices for all remaining depositions, including those of experts, after meeting and 4 conferring on the dates and places thereof, no later than February 14, 2014. 5 3. Outstanding Written Discovery: The time for defendants to respond to the written 6 discovery served (by mail) on them on January 10, 2014, and otherwise due on February 12, 2014, 7 shall be extended to February 14, 2014. 8 9 SO STIPULATED. 10 11 Dated: January 30, 2014 CANNATA, CHING & O’TOOLE LLP 12 /s/ Therese Y. Cannata THERESE Y. CANNATA Attorneys for plaintiff Stanley Swenson 13 14 15 Dated: January 30, 2014 PRICE & BROWN 16 /s/ Philip B. Price PHILIP B. PRICE Attorneys for defendants Siskiyou County, Siskiyou County Planning Commission, LaVada Erickson, Frank Demarco, Don Langford, Bill Hoy, Marcia Armstrong, Jim Cook, Ron Stevens, Jeff Fowle, Chris Lazaris, Mike McMahon, Brian McDermott, Larry Allen and Pete Knoll 17 18 19 20 21 22 23 ORDER APPROVING STIPULATION FOR GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that the terms set forth in the above Stipulation are confirmed by this Court. 24 25 26 DATED: 1/30/2014 27 /s/ John A. Mendez Honorable John A. Mendez Judge of the United States District Court, Eastern District of California 28 -3STIPULATION AND ORDER RE DISCOVERY

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