Daniels et al v. California Department of Corrections and Rehabilitation

Filing 21

STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 5/27/11 ORDERING that Class Certification Discovery Cut-Off shall be moved to 9/30/2011 and the Class Certification Motion Hearing shall be contined to 11/17/2011 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr. (Meuleman, A)

1
2
3
4
5
6
7
8
9
10
11
12

PAMELA Y. PRICE, ESQ. (STATE BAR NO. 107713)
JESHAWNA R. HARRELL, ESQ. (STATE BAR NO. 257773)
PRICE AND ASSOCIATES
A Professional Law Corporation
901 Clay Street
Oakland, CA 94607
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
JOHN L. BURRIS, ESQ. (STATE BAR NO. 69888)
Law Offices of John L. Burris
7677 Oakport Street, Suite 1120
Oakland, CA 94621
Telephone [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Plaintiffs
YVETTE DANIELS, MARIA AGUILAR
and KAREN CURRIE

13
14

UNITED STATES DISTRICT COURT

15

EASTERN DISTRICT OF CALIFORNIA

16
17
18
19
20
21
22
23

YVETTE DANIELS, MARIA AGUILAR
)
AND KAREN CURRIE, individually and on )
behalf of all persons similarly situated,
)
)
Plaintiffs,
)
v.
)
)
CALIFORNIA DEPARTMENT OF
)
CORRECTIONS AND REHABILITATION, )
)
Defendant.
)
_____________________________________ )

NO. 2:10-CV-00003-MCE-DAD
STIPULATION AND [PROPOSED] ORDER
TO ENLARGE PRETRIAL SCHEDULING
ORDER
HON. MORRISON C. ENGLAND

Per the Stipulation and Order to Enlarge Pretrial Scheduling Order filed on

24
February 13, 2011, all discovery for class certification is to be completed by May 18, 2011.
25
Plaintiffs have served a number of discovery requests, including Request for Production of
26
Documents and Special Interrogatories. Plaintiffs have also noticed two Persons Most
27
28

Knowledgeable (hereinafter “PMK”) depositions for April 26th and April 27th. Due to Ms.
Talley’s trial schedule these depositions did not go forward.

1173P220JRH

-1STIPULATION AND [PROPOSED] ORDER 2:10-CV-00003-MCE-DAD

1

Ms. Daniels’ deposition was taken on February 10, 2011 and May 17, 2011. Ms.

2

Currie’s deposition was taken on February 17, 2011. Ms. Aguilar’s deposition was noticed for

3

May 13, 2011, but did not go forward due to the unavailability of counsel and Ms. Aguilar.

4

The parties are working to reschedule Ms. Aguilar’s deposition as soon as possible.

5

Defendant CDCR served Plaintiffs with Request for Production of Documents on

6

March 2, 2011. Plaintiffs produced documents in response to Defendant CDCR’s Request for

7

Production of Documents on April 11, 2011. There are some outstanding issues regarding

8

Plaintiffs’ responses, which the parties hope to resolve.

9

Good cause exists for this Stipulation because both parties are desirous of completing

10

the discovery in the case, which is critical to the fair administration of justice and essential to

11

the fact-finding process. Plaintiffs have served two sets of Special Interrogatories, two sets of

12

Request for Production of Documents and two PMK Deposition Notices. Defendant CDCR

13

has objected to all of Plaintiffs’ Special Interrogatories, Requests for Production of Documents

14

and PMK Deposition Notices. The parties have met and conferred and resolved some of the

15

issues raised by CDCR, including all objections to the PMK Deposition Notices. Despite the

16
17
18
19
20
21
22
23

parties’ best efforts there still remains unresolved issues relating to Plaintiffs’ Special
Interrogatories and Request for Production of Documents. Plaintiffs have noticed a Motion to
Compel with Magistrate Judge Drozd for June 24, 2011 (Doc. # 19). The parties hope to have
these issues resolved expeditiously so Plaintiffs can move forward with their Class
Certification Motion.
Defendant CDCR has agreed to produce two witnesses and will produce policies and
procedures related to the public and open display of sexually explicit at adult inmate
institutions and the possession and display of sexually explicit materials at juvenile institutions.

24
The parties are working on scheduling those depositions as soon as possible.
25
Due to the outstanding depositions that need to be taken, and the pending discovery
26
hearing regarding Defendant CDCR’s responses to Plaintiffs’ discovery requests, counsel for
27
28

both parties are agreeable to moving the discovery cut-off, and the Class Certification Hearing,
and propose to modify the current Pretrial Scheduling Order as follows:

1173P220JRH

-2STIPULATION AND [PROPOSED] ORDER 2:10-CV-00003-MCE-DAD

1
2
3
4

EVENT

CURRENT DATE

PROPOSED DATE

Class Certification
Discovery Cut-Off:

May 18, 2011

September 30, 2011

Class Certification
Hearing

July 20, 2011

November 17, 2011

5
6

Dated: May 20, 2011

7

PRICE AND ASSOCIATES
/s/ Jeshawna R. Harrell
JESHAWNA R. HARRELL, Attorney for Plaintiffs

8
9
10

Dated: May 20, 2011

11

CALIFORNIA DEPARTMENT OF JUSTICE
DEPUTY ATTORNEY GENERAL
/s/ Jill H. Talley
JILL H. TALLEY, Attorney for Defendant

12
13

ORDER

14
15
16

Pursuant to the foregoing stipulation of the parties and good cause appearing therefore,

17

IT IS HEREBY ORDERED that Class Certification Discovery Cut-Off dated May 18, 2011 shall be

18

moved to September 30, 2011, and the Class Certification Hearing shall be continued to November 17,

19

2011, at 2:00 p.m. in Courtroom 7.

20
21
22

Dated: May 27, 2011
________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

23
24
25
26
27
28

1173P220JRH

-3STIPULATION AND [PROPOSED] ORDER 2:10-CV-00003-MCE-DAD