Gray v. California Dept of Corrections and Rehabilitation et al

Filing 130

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 06/22/15 ordering the parties request that this court extend the deadline to complete the deposition of Dr. Adler for 60 days or August 18, 2015 is granted. (Plummer, M)

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J. RANDALL ANDRADA (SBN 70000)
[e-mail]
LYNNE G. STOCKER (SBN 130333)
[e-mail]
ANDRADA & ASSOCIATES
PROFESSIONAL CORPORATION
180 Grand Avenue, Suite 225
Oakland, California 94612
Tel.: [phone]
Fax: [phone]

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Attorneys for Defendant
TIMOTHY DAGE

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EASTERN DISTRICT OF CALIFORNIA

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PROFESSIONAL CORPORATION

UNITED STATES DISTRICT COURT

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ANDRADA & ASSOCIATES

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SACRAMENTO DIVISION

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LEON GRAY,

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--------------STIPULATION [AND PROPOSED
ORDER] TO EXTEND DISCOVERY
DEADLINE TO COMPLETE
DEPOSITION OF PLAINTIFF’S
EXPERT, DR. ADLER

Plaintiff,

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Case No.: 2:10-cv-01928 TLN-EFB

v.
TIMOTHY DAGE,
Defendant.

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The parties, by and through their respective counsel, stipulate as follows:

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RECITALS

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1.

On July 24, 2014, this Court granted Defendant’s motion to compel the deposition of

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plaintiff’s expert, Dr. Adler, and ordered that the deposition be completed by October 21, 2014.

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(ECF No. 110.)

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2.

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On October 7, the Court entered its order setting a “reasonable” fee for Dr. Adler’s

preparation for and testimony at deposition. (ECF No. 118.)
3.

On December 12, 2014, Plaintiff’s former counsel, Robert Kitay, filed a Notice of

Attorney Suspension. (ECF No. 121.)

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{00103383.DOC/}DOC 0979

Gray v. CDCR, et al.

STIPULATION [AND ORDER] TO EXTEND DEADLINE FOR DR. ADLER DEPOSITION 2:10-cv-01928 TLN-EFB

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4.

On December 22, 2014, Defendant filed a Second Ex Parte Application to Modify

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Court Order to Extend Discovery Deadline to Complete Deposition of Dr. Adler. As set forth therein,

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Defendant attempted to obtain a mutually convenient date for the deposition of plaintiff’s expert.

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Emails and letters were sent and telephone calls were made. However, Plaintiff failed to respond to

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Defendant’s inquiries. A notice of subpoena regarding Dr. Adler’s deposition was served on

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December 10, 2014. Two days later, plaintiff filed a Notice of Attorney Suspension indicating that

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counsel’s license to practice has been suspended for at least six months.

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5.

On April 30, 2015, the Court approved the substitution of Mr. Gray as Plaintiff pro se.

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(ECF No. 124.)

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6.

On May 4, 2015, the Court issued its Order Granting Defendant’s Second Ex Parte

PROFESSIONAL CORPORATION

ANDRADA & ASSOCIATES

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Application whereby Dr. Adler’s deposition was to be completed by June 22, 2015, or within 120

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days of written notice that plaintiff’s counsel’s license to practice is in good standing. (ECF No.

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125.) Plaintiff’s counsel has never filed or served any such notice.

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7.

On May 4, 2015, the Court construed Mr. Kitay’s notice of attorney suspension as a

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motion to withdraw and granted the motion. Plaintiff was ordered to either have new counsel file an

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appearance or file an appearance pro se. (ECF No. 126.)

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8.

On May 14, 2015, Plaintiff wrote a letter to the court requesting the appointment of a

public defender. (ECF No. 127.)
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On June 10, 2015, the Court deemed Plaintiff’s letter as a motion to appoint counsel

and granted it. James V. Weixel, Jr. was appointed as counsel. (ECF No. 128.)
10.

On June 19, 2015, counsel for Defendant contacted Plaintiff’s newly appointed

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counsel, James V. Weixel, Jr. by telephone to discuss the deadline to depose Dr. Adler and the status

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of the case.

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11.

Plaintiff’s counsel has not yet had an opportunity to complete his review of the file.

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He has not had an opportunity to contact Plaintiff’s retained experts. He has a pre-planned vacation

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beginning June 20th.

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12.

The parties respectfully request that this Court extend the deadline to complete the

deposition of Dr. Adler for sixty days or August 18, 2015.
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{00103383.DOC/}DOC 0979

Gray v. CDCR, et al.

STIPULATION [AND ORDER] TO EXTEND DEADLINE FOR DR. ADLER DEPOSITION 2:10-cv-01928 TLN-EFB

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IT IS SO STIPULATED.
Dated: June 19, 2015

ANDRADA & ASSOCIATES

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/s/ Lynne G. Stocker
By

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LYNNE G. STOCKER
Attorneys for Defendant
TIMOTHY DAGE

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Dated: June 19, 2015

WEIXEL LAW OFFICE

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signature on original
James V. Weixel, Jr.
Attorney for Plaintiff LEON GRAY

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By

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PROFESSIONAL CORPORATION

ANDRADA & ASSOCIATES

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I attest that James V. Weixel, Jr. has authorized me to file this document with his electronic
signature.
/s/ Lynne G. Stocker

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PURSUANT TO THE STIPULATION OF THE PARTIES, IT IS SO ORDERED.

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Dated: June 22, 2015

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__________________________________________
EDMUND F. BRENNAN
UNITED STATES MAGISTRATE JUDGE

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{00103383.DOC/}DOC 0979

Gray v. CDCR, et al.

STIPULATION [AND ORDER] TO EXTEND DEADLINE FOR DR. ADLER DEPOSITION 2:10-cv-01928 TLN-EFB