Jayne v. Bosenko et al

Filing 184

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 10/5/2015 EXTENDING the deadline to 11/16/2015 for completion of expert witness depositions and for written discovery regarding the disciplinary diet claim. The 10/28/2015 Status Conference is RESCHEDULED to 11/18/2015 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Yin, K)

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King Hall Civil Rights Clinic
Carter C. White, SBN 164149
U.C. Davis School of Law
One Shields Avenue, Bldg. TB-30
Davis, CA 95616-8821
Telephone: [phone]
Fax: [phone]
[e-mail]
Attorney for Plaintiff
Michael Aaron Jayne

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Michael Aaron Jayne,

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Plaintiff,
vs.
Tom Bosenko, et al.,
Defendants.

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Case No.: 2:08-cv-02767-TLN-EFB
STIPULATION AND [PROPOSED]
ORDER TO EXTEND DISCOVERY
DEADLINE AND RESETTING STATUS
CONFERENCE

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On April 15, 2015, the Court entered an order in this action which, among other things,

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extended the deadline for completion of expert witness depositions and for written discovery

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regarding the disciplinary diet claim until October 13, 2015, and set a status conference for

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October 28, 2015, at 10:00 a.m. See ECF No. 180, at 2.

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Pursuant to Local Rule 143 the parties ask the Court to extend the date for completion of
expert witness depositions and for written discovery regarding the disciplinary diet claim until
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STIPULATION AND [PROPOSED] EXTENSION OF TIME 2:08-cv-02767-TLN-EFB

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November 16, 2015, and to reschedule the status conference in this matter to November 18,

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2015, at 10:00 a.m.

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A scheduling order may be modified upon a showing of good cause. Good cause exists

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when the moving party demonstrates that it cannot meet the schedule despite exercising due

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diligence. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992).

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Despite the exercise of due diligence, the parties require this extension of time to

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complete discovery. During the second week of September, Defendants produced an additional

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576 pages of documents relating to the disciplinary diet claim. Some of this material was only

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recently provided to counsel for Defendants. While many of these documents were produced

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before, they must all be carefully reviewed by counsel for plaintiff and plaintiff’s expert to

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properly prepare for the depositions in this matter. The parties have now agreed that depositions

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of Defendant Ashmun and a fact witness, David Sokol, will take place on November 4, 2015,

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and that expert witness depositions will take place on or before November 16, 2015.

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The parties respectfully ask that this Stipulation be entered as an order of the Court.
Respectfully submitted,

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/S/ Carter C. White
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Carter C. White
Supervising Attorney

Dated: September 29, 2015

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Counsel for Plaintiff, Michael Aaron Jayne

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/S/ Gary Brickwood
_____________________________
Gary Brickwood
Brickwood Law Office

Dated: September 29, 2015

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Counsel for Defendants
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STIPULATION AND [PROPOSED] EXTENSION OF TIME 2:08-cv-02767-TLN-EFB

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ORDER

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The deadline for completion of expert witness depositions and for written discovery

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regarding the disciplinary diet claim is extended until November 16, 2015. The status

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conference of October 28, 2015, is hereby rescheduled to November 18, 2015, at 10:00 a.m.

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IT IS SO ORDERED.

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Dated: October 5, 2015.

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STIPULATION AND [PROPOSED] EXTENSION OF TIME 2:08-cv-02767-TLN-EFB