Newman et al v. San Joaquin Delta Community College District et al

Filing 62

STIPULATION and ORDER TO MODIFY PRE-TRIAL SCHEDULING ORDER signed by Judge William B. Shubb on 12/21/2010 ORDERING extpert disclosures due by 4/29/2011. Rebuttal experts disclosure due by 5/27/2011. Discovery cut-off is 6/28/2011. Dispositive motions due by 7/29/2011. Final Pretrial Conference set for 9/19/2011 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. Jury Trial set for 11/8/2011 at 09:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Zignago, K.)

-KJN Newman et al v. San Joaquin Delta Community College District et al

Doc. 62

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DAVID P. MASTAGNI, ESQ. (SBN 057721) CHRISTOPHER W. MILLER, ESQ. (SBN 166348) JAMES B. CARR, ESQ. (SBN 053274) DAVID E. MASTAGNI, ESQ. (SBN 204244) MASTAGNI, HOLSTEDT, AMICK, MILLER & JOHNSEN A Professional Corporation 1912 "I" Street Sacramento, California 95811 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant, James Wood UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

SHIRLEY A. NEWMAN and ANTHONY C. ) BUTLER, ) ) Plaintiffs, ) ) v. ) ) SAN JOAQUIN DELTA COMMUNITY ) COLLEGE DISTRICT, a public entity; ) DANIELE RULEY, JAMES WOOD, and ) DOES 1 through 100, inclusive, ) ) Defendants. ) _____________________________________ )

CASE NO. 2:09-cv-03441-WBS-KJN STIPULATION TO MODIFY PRE-TRIAL SCHEDULING ORDER AND [PROPOSED] ORDER

Plaintiffs, Shirley A. Newman and Anthony C. Butler, and Defendants, San Joaquin Delta Community College District, James Wood, and Daniele Ruley, through their respective counsel,

submit the following Stipulation and Order to modify the Court's Pre-Trial Scheduling Order dated May 13, 2010. The parties believe there is good cause to modify the Pre-Trial Order. The Trial Date of October 4, 2011 remains unchanged under this modification proposal. 1. This action was removed from state court on December 11, 2009. The Plaintiffs

filed their Third Amended Complaint on June 16, 2010. [Ct. Doc. No. 40] 2. On May 13, 2010, the Court issued its Scheduling Order. There have been no

other requested modifications to the Scheduling Order. [Ct. Doc. No. 33]
Stipulation to Modify Scheduling Order NEWMAN, et al. v. SJ DELTA COMMUNITY COLLEGE DISTRICT, et al. CASE NO. 2:09-cv-03441-WBS-KJN

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3.

This action is based upon Plaintiffs' claims for violations of their civil rights,

violations of the Americans With Disabilities Act and various common law claims. 4. Under the existing Pre-Trial Order, Expert Disclosure is set for February 28,

2011, and Rebuttal Experts are due March 30, 2011. The Discovery Cut-Off is April 29, 2011. Motions are to be filed by May 30, 2011. 5. The Final Pre-Trial Conference is scheduled for August 8, 2011 and Trial is set

for October 4, 2011. These dates are preserved under the proposed Stipulation to change the Scheduling Order. 6. The parties are currently engaged in extensive discovery. Several motions to

compel a physical examination of Shirley A. Newman, a mental examination and to compel productions of medical documents relating to the Plaintiff Shirley A. Newman. These motions are set for January 20, 2011. [Ct. Doc. Nos. 56, 57 and 58] 7. The mental examination of plaintiff Shirley A. Newman is scheduled to occur

on January 26 and 27, 2011. Further, Dr. Pfeiffer's examination has been rescheduled to February 2, 2011. 8. The deposition of the Chief of Police, Mark Bromme, and Daniele Ruley are set

for January 10, 2011. 9. 2011. 10. The depositions of the Plaintiffs, Shirley A. Newman and Anthony C. Butler, The deposition of Delta College employee Keeney is scheduled on January 11,

are set for March 1, 2011. 11. There is insufficient time under the current Scheduling Order for the preparation

of the reports of the health care professionals. 12. There is insufficient time under the current Scheduling Order for the preparation

of export reports for the Defendants. This would be prejudicial to the Defendants. 13. Plaintiffs further intend to depose other percipient witnesses to the event in

question, and there is insufficient time under the current Scheduling Order to accomplish this task.
Stipulation to Modify Scheduling Order NEWMAN, et al. v. SJ DELTA COMMUNITY COLLEGE DISTRICT, et al. CASE NO. 2:09-cv-03441-WBS-KJN

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14.

For each of the foregoing reasons, the parties agree and respectfully submit that

good cause exists for the Court to modify the Court's current Scheduling Order to provide the parties sufficient time to conduct physical and mental examinations, to produce medical records, to prepare expert reports, to adequately conduct remaining discovery necessary to prosecute and defend this matter.

ITEM Expert Disclosure Rebuttal Experts Disclosure Discovery Cut-Off Motions/ Orders Final Pre-Trail Conference Trial

Old Dates 02/28/2011 03/30/2011 04/29/2011 05/30/2011 08/08/2011 10/04/2011

New Dates 04/29/2011 05/27/2011 06/28/2011 07/29/2011 08/08/2011 10/04/2011

Respectfully Submitted, Dated: 12/17/2010 LAW OFFICES OF KENNETH N. MELEYCO By /s/Kenneth N. Meleyco KENNETH N. MELEYCO, Attorney for Plaintiffs

Dated: 12/17/2010 MAYALL, HURLEY, KNUTSEN, SMITH & GREEN By /s/J. Anthony Abbott J. ANTHONY ABBOTT, Attorney for Defendant SAN JOAQUIN DELTA COMMUNITY COLLEGE DISTRICT

Dated: 12/17/2010 MASTAGNI, HOLSTEDT, AMICK, MILLER & JOHNSEN By /s/ James B. Carr JAMES B. CARR, Attorneys for Defendant JAMES WOOD

Dated: 12/17/2010 THE LAW OFFICE OF MICHAEL MATTEUCCI By /s/ Michael J. Matteucci MICHAEL J. MATTEUCCI, Attorney for Defendant DANIELE RULEY

Stipulation to Modify Scheduling Order

NEWMAN, et al. v. SJ DELTA COMMUNITY COLLEGE DISTRICT, et al. CASE NO. 2:09-cv-03441-WBS-KJN

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ORDER

Good cause appearing, it is hereby ORDERED. ITEM Old Dates 02/28/2011 03/30/2011 04/29/2011 05/30/2011 08/08/2011 10/04/2011 New Dates 04/29/2011 05/27/2011 06/28/2011 07/29/2011 09/19/2011, 2:00 pm 11/08/2011, 9:00 am

7 Expert Disclosure

8 Discovery Cut-Off

Rebuttal Experts Disclosure Motions/ Orders

9 *Final Pre-Trail Conference 10 11 12 13 Dated: December 21, 2010 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Stipulation to Modify Scheduling Order

*Jury Trial

*As agreed to by counsel after conferring with the courtroom deputy.

NEWMAN, et al. v. SJ DELTA COMMUNITY COLLEGE DISTRICT, et al. CASE NO. 2:09-cv-03441-WBS-KJN

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