Real v. Walker et al

Filing 98

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 09/28/15 ordering the 10/23/15 discovery deadline is vacated. The 1/08/15 pretrial motion deadline is vacated. If the case does not settle, within 15 days of the conclusion of s ettlement negotiations or the entry of the Court's ruling on plaintiff's motion to strike, whichever is later, but in no case later than 12/31/15, the parties shall file a joint proposal to reset the discovery and pretrial motion deadlines. (Plummer, M)

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Mark E. Merin (State Bar No. 043849)
Paul H. Masuhara (State Bar No. 289805)
LAW OFFICE OF MARK E. MERIN
1010 F Street, Suite 300
Sacramento, California 95814
Telephone:
[phone]
Facsimile:
[phone]
E-Mail:
[e-mail]
[e-mail]
Attorneys for Plaintiff
RANDY REAL

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KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
MONICA N. ANDERSON, State Bar No. 182970
Supervising Deputy Attorney General
JAIME M. GANSON, State Bar No. 230206
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

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Attorneys for Defendant
R. RAMOS

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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Case No. 2:09-cv-03273-GEB-KJN (PC)

RANDY REAL,

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Plaintiff,

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vs.

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STIPULATION TO VACATE DISCOVERY
DEADLINE; [PROPOSED] ORDER

R. RAMOS,
Defendant.

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INTRODUCTION
Plaintiff Randy Real (“Plaintiff”) and Defendant Captain Ramos (“Defendant”) request that the

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Court vacate the discovery and dispositive-motion deadlines while the parties pursue settlement

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discussions. A stipulation and proposed order reflecting this request is included below.

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STIPULATION TO STAY DISCOVERY DEADLINE; [PROPOSED] ORDER
Real v. Ramos; United States District Court, Eastern District of California, Case No. 2:09-cv-03273-GEB-KJN

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RELEVANT BACKGROUND INFORMATION

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1.

The current discovery deadline in this matter is October 23, 2015. (ECF No. 89 at 5:12.)

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2.

The pretrial-motion deadline, excluding motions to compel discovery, is January 8, 2015.

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(ECF No. 89 at 5:15-16.)
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Plaintiff’s motion to strike affirmative defenses from Defendant’s answer to the second

amended complaint is currently pending decision by this Court. (ECF No. 96.)
4.

Plaintiff intends to serve discovery concerning the affirmative defenses that remain

following the ruling on the motion to strike.
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Defendant has served written discovery on Plaintiff, including requests for admissions,

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requests for production, and interrogatories. Plaintiff’s responses to these requests are still outstanding.

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Defendant also intends to take Plaintiff’s deposition.

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6.

The parties wish to engage in settlement discussions in a good faith effort to resolve this

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matter short of continued litigation. However, Plaintiff’s incarceration has prolonged settlement

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discussions because correspondence between the Plaintiff and his counsel is limited and delayed.

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In the event that settlement discussions are unsuccessful, the parties wish to reserve their

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right to complete the remaining and outstanding discovery necessary to effectively litigate this matter to

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conclusion. Furthermore, some subjects of discovery may be mooted by the Court’s entry of an order

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regarding Plaintiff’s pending motion to strike.

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8.

To permit the parties adequate time to focus on settlement without incurring further

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litigation costs that could hinder the settlement discussions, the parties request that the Court vacate the

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current discovery and dispositive-motion deadlines and reset them, if necessary, if the settlement efforts

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fail. The parties will promptly alert the Court if the case does not settle and will propose new discovery

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and dispositive-motion deadlines for the Court’s consideration.

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STIPULATION TO STAY DISCOVERY DEADLINE; [PROPOSED] ORDER
Real v. Ramos; United States District Court, Eastern District of California, Case No. 2:09-cv-03273-GEB-KJN

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STIPULATION

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The parties STIPULATE to vacate the October 23, 2015 discovery deadline and the

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January 8, 2015 pretrial-motion deadline, and to stay the deadline for responding to all outstanding

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discovery requests until the parties’ settlement discussions have concluded and the Court issues a

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decision regarding Plaintiff’s pending motion to strike.

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Dated: September 18, 2015

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Respectfully Submitted,
LAW OFFICE OF MARK E. MERIN

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/s/ Paul H. Masuhara
By: __________________________________
Paul H. Masuhara

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Attorney for Plaintiff
RANDY REAL

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Dated: September 18, 2015

Respectfully Submitted,
KAMALA D. HARRIS
Attorney General of California
MONICA N. ANDERSON
Supervising Deputy Attorney General

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/s/ Jaime M. Ganson
(as authorized on September 18, 2015)
By: __________________________________
JAIME M. GANSON
Deputy Attorney General

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Attorneys for Defendant
R. RAMOS

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STIPULATION TO STAY DISCOVERY DEADLINE; [PROPOSED] ORDER
Real v. Ramos; United States District Court, Eastern District of California, Case No. 2:09-cv-03273-GEB-KJN

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[PROPOSED] ORDER

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Pursuant to the parties’ stipulation, IT IS HEREBY ORDERED that:

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1.

The October 23, 2015 discovery deadline is vacated.

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2.

The January 8, 2015 pretrial-motion deadline is vacated.

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3.

If the case does not settle, within fifteen days of the conclusion of settlement negotiations

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or the entry of the Court’s ruling on Plaintiff’s motion to strike, whichever is later, but in no case later

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than December 31, 2015, the parties shall file a joint proposal to reset the discovery and pretrial-motion

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deadlines.

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Dated: September 28, 2015

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/real3273.dso.vacate

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STIPULATION TO STAY DISCOVERY DEADLINE; [PROPOSED] ORDER
Real v. Ramos; United States District Court, Eastern District of California, Case No. 2:09-cv-03273-GEB-KJN