Pruitt et al v. County of Sacramento et al

Filing 71

STIPULATION and ORDER signed by Judge William B. Shubb on 3/9/3011 69 ORDERING Disclosure of Expert Witnesses due by 8/15/2011; Discovery due by 10/31/2011; Dispositive or Evidentiary Motions filed by 12/1/2011; Trial reset for 5/8/2012 at 09:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb; Final Pretrial Conference reset for 2/21/2012 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb.(Reader, L)

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Pruitt et al v. County of Sacramento et al Doc. 71 A PROFESSIONAL CORPORATION Terence J. Cassidy, SBN 99180 Stephen E. Horan, SBN 125241 Kevin M. Kreutz, SBN 264654 350 University Ave., Suite 200 Sacramento, California 95825 TEL: 916.929.1481 FAX: 916.927.3706 Attorneys for Defendants COUNTY OF SACRAMENTO, JOHN McGINNESS, SANTOS RAMOS, BRAD ROSE, RANDY MOYA, JACQUELINE KLOSS, KEVIN STEED, STEVE WHARTON, TIMOTHY RUIZ, THOMAS LYNN, and CRAIG HARMON Public entity exempt from filing fee pursuant to Gov't Code Section 6103 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA JOHN PRUITT; JOHN PRUITT, JR., a minor, by and through his Guardian Ad Litem, his custodial parent John Pruitt; PHILLIP PRUITT, a minor, by and through his Guardian Ad Litem, his custodial parent John Pruitt; MICHAEL PRUITT, a minor, by and through his Guardian Ad Litem, his custodial parent John Pruitt; ISAIAH PRUITT, a minor, by and through his Guardian Ad Litem, his custodial parent John Pruitt; DARRYL BERG; and DEBRA BERG, Plaintiffs, v. COUNTY OF SACRAMENTO; Sacramento County Sheriff's Department Sheriff JOHN McGINNESS; Sergeant SANTOS RAMOS; Detective SEAN BERRY; Detective BRAD ROSE; Detective RANDY MOYA; Detective JACQUELINE KLOSS; Detective KEVIN STEED; Detective STEVE WHARTON; Probation Officer TIMOTHY RUIZ; Deputy THOMAS LYNN; Deputy CRAIG HARMON; and DOES 1-100, inclusive, Defendants. {00872954.DOCX} ___________________________________/ Case No.: 2:10-cv-00416-WBS-KJN JOINT STIPULATION AND ORDER TO MODIFY STATUS (PRE-TRIAL SCHEDULING) ORDER Complaint filed: 2/18/10 First Amended: 5/12/10 Second Amended: 10/4/10 Dockets.Justia.com IT IS HEREBY STIPULATED, AGREED and REQUESTED by and between Plaintiffs JOHN PRUITT; JOHN PRUITT, JR., a minor, by and through his Guardian Ad Litem, his custodial parent John Pruitt; PHILLIP PRUITT, a minor, by and through his Guardian Ad Litem, his custodial parent John Pruitt; MICHAEL PRUITT, a minor, by and through his Guardian Ad Litem, his custodial parent John Pruitt; ISAIAH PRUITT, a minor, by and through his Guardian Ad Litem, his custodial parent John Pruitt; DARRYL BERG, and Defendants COUNTY OF SACRAMENTO; Sacramento County Sheriff's Department Sheriff JOHN McGINNESS; Sergeant SANTOS RAMOS; Detective SEAN BERRY; Detective BRAD ROSE; Detective RANDY MOYA; Detective JACQUELINE KLOSS; Detective KEVIN STEED; Detective STEVE WHARTON; Probation Officer TIMOTHY RUIZ; Deputy THOMAS LYNN; Deputy CRAIG HARMON (collectively "Defendants"); by and through their respective counsel, that given the parties' efforts to schedule early mediation before the commencement of substantial discovery, the Court modify its Status (Pre-Trial Scheduling) Order such that all dates and deadlines be continued approximately 90 days, with the trial date continued approximately 120 days. 1. This case arises from the arrest, detention and subsequent prosecution of Plaintiffs John Pruitt and Darryl Berg. After briefing and hearings on Defendants' successive Motions to Dismiss the First Amended Complaint and Second Amended Complaint ("SAC"), respectively, the SAC became the operative pleading on February 3, 2011, when the Defendants filed and served their answers to the SAC. Counsel for Defendants then contacted counsel for Plaintiffs to schedule the deposition of Plaintiffs John Pruitt and Darryl Berg. At that time, the parties agreed to seek early mediation to determine if the parties could resolve the matter prior to the commencement of substantial discovery. {00872954.DOCX} 2. The parties agreed given the nature and complexity of the case and number of parties involved that discovery would be timely and costly, and that early mediation would therefore be an appropriate option to pursue. Accordingly, counsel for all parties commenced the search for a suitable mediator who had availability in early 2011. 3. During the month of February, counsel for all parties exchanged correspondence regarding potential mediators and available dates for early mediation. The parties were unable to select a mutually agreeable mediator with availability in late March or early April. On March 4, 2011, however, the parties were able to schedule mediation for May 16, 2011, with private mediator Jeffrey A. Ross, based in Oakland. 4. The applicable Status (Pre-Trial Scheduling) Order calls for all factual discovery to be completed on or before July 1, 2011. In order to allow the parties to proceed to early mediation without incurring the substantial time and costs associated with discovery which would be required to be completed by July 1, 2011, the parties jointly request that the Court continue the discovery cut-off to Tuesday, October 30, 2011. 5. To properly facilitate a continuance of the discovery cut-off, the parties also jointly request the Court continue all pre-trial deadlines, as well as the trial date, approximately ninety (90) days. 6. The current Status (Pre-Trial Scheduling) Order sets the following deadlines: May 15, 2011 July 1, 2011 September 1, 2011 November 14, 2011 January 10, 2012 Last Day to Disclose Expert Witnesses and Reports: Last Day to Complete all Discovery: Last Day to File Dispositive or Evidentiary Motions: Final Pre-Trial Conference: Trial: {00872954.DOCX} 7. Based on the good cause to continue the discovery cut-off to allow for early mediation, as discussed above, the parties propose the following deadlines: Last Day to Disclose Expert Witnesses and Reports: Last Day to Complete all Discovery: Last Day to File Dispositive or Evidentiary Motions: Final Pre-Trial Conference: Trial: August 15, 2011 October 31, 2011 December 1, 2011 February 13, 2012 May 8, 2012 Dated: March 7, 2011 PORTER SCOTT A PROFESSIONAL CORPORATION By____/s/ Kevin M. Kreutz___________________ Terence J. Cassidy Stephen E. Horan Kevin M. Kreutz Attorneys for Defendants COUNTY OF SACRAMENTO, JOHN McGINNESS, SANTOS RAMOS, BRAD ROSE, RANDY MOYA, JACQUELINE KLOSS, KEVIN STEED, STEVE WHARTON, TIMOTHY RUIZ, THOMAS LYNN, and CRAIG HARMON Dated: March 7, 2011 LONGYEAR, O'DEA AND LAVRA, LLP By____/s/ Amy B. Lindsey-Doyle_____________ John A. Lavra Jeri L. Pappone Amy B. Lindsey-Doyle Attorneys for Defendant Sean Berry {00872954.DOCX} Dated: March 7, 2011 ROSEN, BIEN & GALVAN, LLP By /s/ Sanford Jay Rosen__________________ Sanford Jay Rosen Ernest Galvan Lisa Ells Leslie Mehta Attorneys for Plaintiffs JOHN PRUITT; JOHN PRUITT, JR., a minor, by and through his Guardian Ad Litem, his custodial parent John Pruitt; PHILLIP PRUITT, a minor, by and through his Guardian Ad Litem, his custodial parent John Pruitt; MICHAEL PRUITT, a minor, by and through his Guardian Ad Litem, his custodial parent John Pruitt; ISAIAH PRUITT, a minor, by and through his Guardian Ad Litem, his custodial parent John Pruitt; DARRYL BERG {00872954.DOCX} ORDER GOOD CAUSE HAVING BEEN SHOWN, the Court hereby grants the parties' stipulated request to modify the Status (Pre-Trial Scheduling) Order. The new dates are as follows: Last Day to Disclose Expert Witnesses and Reports: Last Day to Complete all Discovery: Last Day to File Dispositive or Evidentiary Motions: Final Pre-Trial Conference: Trial: August 15, 2011 October 31, 2011 December 1, 2011 February 21, 2012 at 2:00 p.m. May 8, 2012 at 9:00 a.m. IT IS SO ORDERED. Dated: March 9, 2011 {00872954.DOCX}

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