Lum v. County of San Joaquin, et al.,

Filing 31

STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 10/31/2011 CONTINUING Expert Disclosure/Report Deadling until 11/30/2011; CONTINUING Discovery Motion Hearing Deadline until 12/31/2011; CONTINUING Discovery Cut-Off until 1/31/2012. The Law & Motion Deadline and the Pretrial Conference and Trial Dates remain the same. (Michel, G)

1
2
3
4
5
6
7
8
9
10

Walter H. Walker, III, Esq. (SBN 63117)
Peter J. Koenig, Esq. (SBN 132437)
Rana Ansari-Jaberi, Esq. (SBN 262008)
WALKER, HAMILTON & KOENIG LLP
50 Francisco Street, Suite 460
San Francisco, CA 94133-2100
Telephone: [phone]
Facsimile: [phone]
LAW OFFICES OF BORIS E. EFRON
130 Portola Road
Portola Valley, CA 94028
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs

11

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

12
13
14
15
16

JERRY LUM, individually and as successor
in interest to JEREMY LUM; DOROTHEA
TIMMONS, individually and as successor in
interest to JEREMY LUM
Plaintiffs,

17

STIPULATION AND ORDER
EXTENDING EXPERT FRCP 26(a)(2)
REPORTS, DISCLOSURES AND
DISCOVERY DEADLINES

v.

18

Case No. 2:10-CV-01807-LKK-DAD

COUNTY OF SAN JOAQUIN; CITY OF
LATHROP; SERGEANT RAY WALTERS;
SERGEANT STEVEN PEASE; DEPUTY
DAVIS; OFFICER FELIPE MENDOZA and
DOES 1 through 50, inclusive,
Defendants.

19
20
21
22
23
24
25
26
27
28

1 of 4
STIPULATION AND PROPOSED ORDER EXTENDING EXPERT FRCP 26(a)(2) REPORTS, DISCLOSURES AND DISCOVERY
DEADLINES

1

The current deadline for the filing of Expert FRCP 26 reports and disclosures, in the

2
above-referenced matter, is November 1, 2011. The parties have been working diligently on
3
4

preparing this case for trial; they began propounding discovery in February 2011 and attempting

5

to schedule depositions in July 2011. Thus far nine depositions have been completed and over

6

1,000 pages of discovery documents exchanged.

7
8

WHEREAS due to scheduling conflicts between witnesses, the parties and their counsel,
certain deposition testimony and documents important for an expert to consider did not come to

9
10

light until recently; and
WHEREAS the parties are working on resolving several discovery disputes that may

11
12

affect both the necessity for certain expert disclosures and reports, and the substantive content of

13

other experts’ reports, and;

14

WHEREAS the parties wish to provide more meaningful and comprehensive reports

15
pursuant to FRCP 26, in line with the goals of this Court and the purpose of these documents,
16
17
18

and;
WHEREAS a one-month extension of the Expert FRCP 26 Reports and Disclosures and

19

Discovery Deadlines would in no way affect this Court’s Scheduling Order with respect to the

20

law & motion deadline, the pretrial conference or the trial date,

21

IT IS HEREBY STIPULATED by and between the parties:

22
23
24
25
26

That the FRCP 26 expert disclosure and reports deadline, currently set for November 1,
2011, shall be extended until November 30, 2011;
That the discovery motion hearing deadline, currently set for November 30, 2011, shall be
extended until December 31, 2011; and

27
28
2 of 4
STIPULATION AND PROPOSED ORDER EXTENDING EXPERT FRCP 26(a)(2) REPORTS, DISCLOSURES AND DISCOVERY
DEADLINES

1

That the discovery cut-off, currently set for December 31, 2011 shall be extended until

2
January 31, 2012.
3
4

The parties request that the law & motion deadline, the pretrial conference and trial date

5

remain as currently scheduled: February 29, 2012, May 29, 2012 and August 28, 2012,

6

respectively.

7
8

DATED: October 26, 2011

WALKER, HAMILTON & KOENIG LLP

9
10
By:

11

/s/ Rana Ansari-Jaberi
Attorneys for plaintiffs

12
13

DATED: October 26, 2011

THE SUNTAG LAW FIRM P.C.

14
15

By:

16

/s/Dana Suntag
Attorneys for Defendants

17
18

IT IS HEREBY ORDERED that the Scheduling Order be modified as follows:

19

Current

New

20
Expert Disclosure/Report Deadline: November 1, 2011

November 30, 2011

Discovery Motion Hearing Deadline: November 30, 2011

December 31, 2011

21
22
23

Discovery Cut-Off:

December 31, 2011

January 31, 2012

24
25

DATED: October 31, 2011.

26
27
28
3 of 4
STIPULATION AND PROPOSED ORDER EXTENDING EXPERT FRCP 26(a)(2) REPORTS, DISCLOSURES AND DISCOVERY
DEADLINES

1

CERTIFICATE OF SERVICE
Willis, et al. v. City of Fresno, et al.
Case No. 1:09 CV 01766 LJO DLB

2
3
4

My business address is 50 Francisco Street, Suite 460, San Francisco, California 94133. I

5

am employed in the County of San Francisco, where this mailing occurs. I am over the age of 18

6

years and not a party to the within cause.

7
8

I declare that on the date hereof, I served a copy of the following documents using the
CM/ECF system which will send notifications of such filing to the parties denoted on the

9
10

Electronic Mail Notice List, and I placed a true copy thereof enclosed in a sealed envelope with

11

postage thereon fully prepaid, addressed to the non-CM/ECF participants indicated on the

12

Manual Notice List, for collection and mailing by the U.S. Postal Service in accordance with

13

Walker, Hamilton & Koenig’s ordinary business practices.

14
15
16

STIPULATION AND PROPOSED ORDER EXTENDING EXPERT FRCP 26(a)(2)
REPORTS, DISCLOSURES AND DISCOVERY DEADLINES

17
18

I declare under penalty of perjury under the laws of the State of California that the

19

foregoing is true and correct, and that this declaration was executed on October 31, 2011, at San

20

Francisco, California.

21
22
23
24

/s/Rana Ansari-Jaberi
RANA ANSARI-JABERI

25
26
27
28
4 of 4
STIPULATION AND PROPOSED ORDER EXTENDING EXPERT FRCP 26(a)(2) REPORTS, DISCLOSURES AND DISCOVERY
DEADLINES