Barron v. Martel et al

Filing 78

STIPULATION and ORDER 77 signed by Senior Judge William B. Shubb on 5/8/2015 continuing the Final Pretrial Conference to 8/15/2016 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The Bench Trial is continued to 9/13/2016 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K)

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Alicia J. Donahue, SBN 117412
[e-mail]
Amir Nassihi, SBN 235936
[e-mail]
Andrew L. Chang, SBN 222309
[e-mail]
SHOOK, HARDY & BACON L.L.P.
One Montgomery, Suite 2700
San Francisco, California 94104-4505
Telephone:
415-544-1900
Facsimile:
415-391-0281
Attorneys for Plaintiff
Ronnie E. Barron

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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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RONNIE E. BARRON,

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Plaintiff,
v.

Case No. 2:10-cv-01567-WBS-DAD
JOINT STIPULATION AND [PROPOSED]
ORDER TO CONTINUE FINAL PRETRIAL
CONFERENCE, TRIAL DATE, AND SET
EXPERT DEADLINES

M. MARTEL, et al.,
Defendants.

Trial Date:
Time:
Courtroom:
Judge:

August 11, 2015
9:00 a.m.
5, 14th Floor
Honorable William B. Shubb

Pretrial Conference: June 8, 2015
Time:
2:00 p.m.

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The parties, by and through their attorneys of record, seek to modify the Court’s January 28,

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2015 Order (Dkt. 74), to continue the pretrial conference and trial dates. Trial is currently scheduled

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to start on August 11, 2015, and the Pretrial Conference is scheduled for June 8, 2015.

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On April 30, 2015, Plaintiff filed a motion to re-open discovery and to continue the final

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pretrial conference and trial date for 120 days to complete discovery and prepare for trial. Dkt 75.

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On May 1, 2015, the Court referred Plaintiff’s motion to re-open discovery to Magistrate Judge Dale

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A. Drozd and deferred ruling on Plaintiff’s request to continue the trial date pending the magistrate

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judge’s ruling on request for additional discovery. Dkt 76. Plaintiff’s motion is currently set for

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hearing before Magistrate Judge Drozd on June 1, 2015.
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STIP. AND [PROPOSED] ORDER TO CONTINUE FINAL PRETRIAL CONF., TRIAL, AND SET DEADLINES
CASE NO. 2:10-cv-01567-WBS-DAD

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The parties have further met and conferred regarding the issues raised in Plaintiff’s motion

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and have stipulated to the issues on which this Court deferred ruling, including Plaintiff’s request to

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continue the trial dates and set a schedule for expert disclosure and discovery. The parties have not

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resolved Plaintiff’s request to re-open limited discovery, which remains before Magistrate Judge

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Drozd.

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Good cause exists to continue the final pretrial conference and trial dates, and set an expert

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discovery schedule, because Plaintiffs’ motion to re-open discovery will not be heard until after the

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existing date for disclosing expert-witness information and filing pretrial reports. As set forth in the

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Declaration of Andrew Chang (Dkt 75-1), the premise of Plaintiff’s motion is that Plaintiff’s

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recently appointed counsel has been unable to obtain and review all relevant and material evidence

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to prepare for trial despite diligent efforts to do so informally. Plaintiff’s counsel is unable to

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complete those efforts before the June 8, 2015 pretrial conference and the August 11, 2015 trial.

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Good cause also exists because Plaintiff’s counsel requires additional time to review that evidence

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and identify, retain, and disclose necessary experts. The current schedule does not allow sufficient

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time for Plaintiff to confirm with Plaintiff’s non-CDCR health-care providers whether there has been

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complete collection of Plaintiff’s medical records much less complete expert discovery and prepare

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for trial.

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Based on the forgoing, Plaintiff and Defendants stipulate and respectfully request the Court
enter an Order as follows:
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The parties stipulate and request that the Court continue the trial date, currently

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scheduled for August 11, 2015, to December 15, 2015 or thereafter, subject to the Court’s

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availability.

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2.

The parties further stipulate and request that the Court continue the Pre-Trial

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Conference, currently scheduled for June 8, 2015, to October 13, 2015 or thereafter, subject to the

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Court’s availability.

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STIP. AND [PROPOSED] ORDER TO CONTINUE FINAL PRETRIAL CONF., TRIAL, AND SET DEADLINES
CASE NO. 2:10-cv-01567-WBS-DAD

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3.

Additionally, the parties stipulate and request that the Court order that the parties’

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expert disclosures pursuant to Fed. R. Civ. P. 26(a)(2)(D)(i) be made on or before September 29,

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2015 and that expert discovery be completed on or before November 10, 2015.

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IT IS SO STIPULATED.

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DATED: May 8, 2015___________

Shook, Hardy & Bacon, L.L.P.

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By:__/s/_Andrew L. Chang____________
ANDREW L. CHANG

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Attorney for Plaintiff
Ronnie E. Barron

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DATED: May 8, 2015
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KAMALA D. HARRIS
Attorney General of California
CHRISTOPHER J. BECKER
Supervising Deputy Attorney General

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_____________________________
By:_/s/_Jon S. Allin (as authorized on May 7,
2015____________
Attorneys for Defendants
K. Martinez and K. Todd

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IT IS SO ORDERED. The Pre-Trial Conference, currently scheduled for June 8, 2015, is
continued to August 15, 2016 at 2:00 p.m. The trial date, currently scheduled for August 11, 2015,
is continued to September 13, 2016 at 9:00 a.m.
Dated: May 8, 2015

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STIP. AND [PROPOSED] ORDER TO CONTINUE FINAL PRETRIAL CONF., TRIAL, AND SET DEADLINES
CASE NO. 2:10-cv-01567-WBS-DAD