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

Filing 69

STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 1/20/12 ORDERING the parties are free to stipulate among themselves concerning the timing of depositions. However, the court will not enforce any such agreements. The motion to extend the discovery deadline is DENIED. (Becknal, R)

1
2
3
4
5
6
7
8
9
10

DANA A. SUNTAG (State Bar #125127)
JOSHUA J. STEVENS (State Bar # 238105)
ZOEY P. MERRILL (State Bar #268331)
THE SUNTAG LAW FIRM
A PROFESSIONAL CORPORATION
The Kress Building
20 North Sutter Street, Fourth Floor
Stockton, California 95202
Telephone: [phone]
Facsimile: [phone]
MATTHEW P. DACEY (State Bar #196943)
OFFICE OF THE COUNTY COUNSEL OF SAN JOAQUIN
Deputy County Counsel
44 North San Joaquin Street, Suite 679
Stockton, California 95202
Telephone: [phone]
Attorneys for All Defendants

11
12

UNITED STATES DISTRICT COURT

13

EASTERN DISTRICT OF CALIFORNIA

14
15

JERRY LUM, etc., et al.,

16

Plaintiffs,

17

)
)
)
)
)
)
)
)
)
)

v.

18
19

COUNTY OF SAN JOAQUIN, et al.,
Defendants.

20
21
22
23
24
25
26
27
28
STIPULATION AND PROPOSED ORDER
EXTENDING DISCOVERY DEADLINE TO
COMPLETE SPECIFIC DEPOSITIONS

1

NO. 2:10-CV-01807-LKK-DAD
STIPULATION AND ORDER
EXTENDING DISCOVERY
DEADLINE TO COMPLETE
SPECIFIC DEPOSITIONS
[F.R.C.P. 16(b)(4)]
[No hearing required]

1

This stipulation and proposed order is entered into between Plaintiffs Jerry

2

Lum and Dorothea Timmons (collectively “Plaintiffs”), on the one hand, and Defendants

3

County of San Joaquin, City of Lathrop, Ray Walters, Steven Pease, Robert Davis, and

4

Felipe Mendoza (collectively “Defendants”), on the other hand.

5
6

RECITALS
A.

On October 31, 2012, the Court granted a prior stipulation entered

7

into between the parties extending the discovery cut-off date from December 31, 2012

8

to January 31, 2012.

9

B.

Plaintiffs have conducted nine depositions. Plaintiffs have noticed

10

the depositions of six of defendants’ expert witnesses, all of which are scheduled to be

11

conducted between January 17 and January 27, 2012.

12

C.

Defendants have conducted eight depositions, including the

13

depositions of two of plaintiffs’ four expert witnesses. In addition, Defendants have

14

noticed the depositions of another seven percipient witnesses scheduled to be

15

conducted by January 23, 2012.

16

D.

Plaintiffs timely disclosed Charles Saldanha, M.D. as their expert in

17

the area of psychology/psychiatry. Dr. Saldanha’s deposition was initially scheduled to

18

be conducted on January 6, 2012. On January 5, 2012, due to plaintiffs’ counsel’s

19

unexpected illness, the parties were forced to cancel Dr. Saldanha’s deposition last

20

minute. Due to the last-minute cancellation and Dr. Saldanha’s limited availability for

21

the remainder of January, the parties are having great difficulties finding a mutually-

22

agreeable date, prior to the January 31, 2012 discovery cut-off, within which to depose

23

Dr. Saldanha.

24

E.

Plaintiffs timely disclosed M. Patricia Fisher as their handwriting

25

expert; however, due to a late-resolution of the parties’ disagreements regarding

26

plaintiffs’ access to certain original documents within the possession, custody and

27

control of the San Joaquin Sheriff’s Department, Ms. Fisher was unable, until the

28
STIPULATION AND PROPOSED ORDER
EXTENDING DISCOVERY DEADLINE TO
COMPLETE SPECIFIC DEPOSITIONS

2

1

afternoon of December 30, 2011, to access documents necessary to formulating her

2

expert opinions in the case. Since then, in light of the parties’ already full deposition

3

schedule in January, and Ms. Fisher’s limited availability, the parties are having

4

difficulties finding a mutually agreeable date, prior to the January 31, 2012 discovery

5

cut-off, within which to depose Ms. Fisher.

6

F.

Despite great effort, Defendants have had significant difficulty in

7

locating and serving a deposition subpoena on Andrew Lum. Andrew Lum is the brother

8

of decedent Jeremy Lum and was disclosed in plaintiffs’ initial disclosures as having

9

information pertaining to events leading up to Jeremy Lum’s arrest. Defendants wish to

10

depose Andrew Lum.

11

G.

The parties have agreed that, given the above delays, in light of

12

the diligent efforts made by both sides to complete discovery, the discovery cut-off date

13

for defendants to conduct the depositions of Charles Saldanha, M.D., M. Patricia Fisher,

14

and Andrew Lum should be extended to February 29, 2012, to give defendants the

15

necessary time to complete their discovery.

16

H.

This extension is only sought for purposes of completing these

17

three specific depositions. The parties are not requesting that any other deadline be

18

modified.

19
20
21
22
23
24
25
26
27
28
STIPULATION AND PROPOSED ORDER
EXTENDING DISCOVERY DEADLINE TO
COMPLETE SPECIFIC DEPOSITIONS

3

1
2

STIPULATION
IT IS STIPULATED AND AGREED, by the parties, through their counsel

3

of record, that the discovery cut-off be extended to February 29, 2012, only to allow

4

defendants to conduct and complete the depositions of Charles Saldanha, M.D., M.

5

Patricia Fisher, and Andrew Lum.

6

Dated: January 13, 2012

THE SUNTAG LAW FIRM
A Professional Corporation

7
By: __/s/ Dana A. Suntag____________
DANA A. SUNTAG
Attorneys for All Defendants

8
9
10

Dated: January 13, 2012

WALKER, HAMILTON & KOENIG LLP

11
By: __/s/ Peter J. Koenig____________
PETER J. KOENIG
Attorneys for All Plaintiffs

12
13

ORDER

14
15

The parties are free to stipulate among themselves concerning the timing

16

of depositions. However, the court will not enforce any such agreements. The motion

17

to extend the discovery deadline is DENIED.

18
19

It is so ordered.
Dated: January 20, 2012.

20
21
22
23
24
25
26
27
28
STIPULATION AND PROPOSED ORDER
EXTENDING DISCOVERY DEADLINE TO
COMPLETE SPECIFIC DEPOSITIONS

4