Coston v. Nangalama et al

Filing 234

STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr., on 12/27/22 GRANTING Extension of Time. Discovery shall close 3/31/23. A Joint Status Report is due 30 days thereafter. (Woodworth, M.)

Case 2:10-cv-02009-MCE-EFB Document 234 Filed 12/27/22 Page 1 of 4

1 Julie A. Shepard (SBN 175538)
[e-mail]
2 Alice S. Kim (SBN 317479)
[e-mail]
3 Eric Wolff (SBN 341180)
[e-mail]
4 JENNER & BLOCK LLP
515 South Flower Street, Suite 3300
5 Los Angeles, CA 90071-2246
Telephone:
[phone]
6 Facsimile:
[phone]
7 Attorneys for Plaintiff Danny Murphy Coston
8 Additional Counsel Listed on Signature Page
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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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14 DANNY MURPHY COSTON,

Case No. 2:10-cv-02009-MCE-EFB

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STIPULATION AND ORDER TO
EXTEND DISCOVERY DEADLINE

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Plaintiff,
v.

17 ANDREW NANGALAMA, et al.,
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Defendants.

[Declaration of Eric Wolff filed
concurrently herewith]
Judge:
Hon. Morrison C. England, Jr.
Courtroom: 7

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STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINE
Case No. 2:10-cv-02009-MCE-EFB

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SUBJECT TO THE APPROVAL OF THE COURT, Plaintiff Danny Murphy Coston

2 (“Plaintiff”), Defendants Andrew Nangalama and Randall Hale (together, “Defendants,” collectively
3 with Plaintiff, the “Parties”), by and through their counsel, hereby jointly submit the following
4 Stipulation and Proposed Order for a short extension of the discovery cut-off due to delays in the
5 production of documents by California State Prison – Sacramento (“CSP-Sac”) which has impacted
6 the commencement of deposition discovery as explained further below.
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RECITALS
WHEREAS, by previous order reopening discovery for 120 days from the date the order was

9 electronically filed, October 17, 2022, (ECF No. 226), the close of discovery is February 14, 2023;
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WHEREAS, Plaintiff promptly prepared and served requests for production on Defendants

11 Andrew Nangalama and Randall Hale on November 3, 2022 (“Document Requests”);
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WHEREAS, Plaintiff also personally served CSP-Sac with a Subpoena Duces Tecum (the

13 “Subpoena”) on November 15, 2022 and specified a return date of December 6, 2022;
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WHEREAS, Plaintiff received Defendants’ responses to the Document Requests on or about

15 December 13, 2022, in which Defendants indicated that they do not have many of the requested
16 documents, and Defendants are also seeking documents from CSP-Sac;
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WHEREAS, CSP-Sac did not respond to Plaintiff’s Subpoena by the deadline;

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WHEREAS, Plaintiff’s counsel emailed CSP-Sac on December 7, 2022, to inquire about the

19 status of its response to the Subpoena;
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WHEREAS, from December 7 through December 14, 2022, Plaintiff’s counsel exchanged

21 emails with CSP-Sac in its offer to obtain the documents requested in the Subpoena and commence
22 depositions in January 2023;
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WHEREAS, on December 14, 2022, counsel for Defendants instructed Plaintiff’s counsel that

24 all correspondence directed to CSP-Sac should be directed to counsel for Defendants;
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WHEREAS, counsel for Plaintiff and counsel for Defendants met and conferred regarding CSP-

26 Sac’s response to the Subpoena on December 16, 2022;
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WHEREAS, CSP-Sac’s search for documents responsive to the Subpoena is still ongoing.

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STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINE
Case No. 2:10-cv-02009-MCE-EFB

Case 2:10-cv-02009-MCE-EFB Document 234 Filed 12/27/22 Page 3 of 4

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WHEREAS, counsel for both Plaintiff and Defendant need CSP-Sac’s responses to the

2 document requests in the Subpoena in order to effectively conduct depositions of Defendants and non3 party witnesses;
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WHEREAS, the Parties need additional time to prepare for and conduct depositions given CSP-

5 Sac’s delayed production of documents in response to the Subpoena; and
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WHEREAS, CSP-Sac has not responded to the Subpoena to date and ongoing staffing shortages

7 at CSP-Sac and late-December holidays make it uncertain as to when CSP-Sac will commence
8 producing documents in response to the Subpoena or when the production will be completed.
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STIPULATION

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NOW, THEREFORE, the Parties hereby agree as follows subject to the Court’s approval:

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The parties agree to extend the close of discovery by 45 days to Friday, March 31, 2023.

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SO STIPULATED.

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14 Dated: December 20, 2022

JENNER & BLOCK LLP

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/s/ Julie A. Shepard
Julie A. Shepard
Alice S. Kim
Eric Wolff

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Attorneys for Plaintiff Danny Murphy Coston

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20 Dated: December 20, 2022
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/s/ Amie Bears (as authorized on Dec. 20, 2022)
Catherine Woodbridge (SBN 186186)
Amie Bears (SBN 242372)
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendants Andrew Nangalama and
Randall Hale
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STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINE
Case No. 2:10-cv-02009-MCE-EFB

Case 2:10-cv-02009-MCE-EFB Document 234 Filed 12/27/22 Page 4 of 4

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ORDER

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Based on the above stipulation, the joint motion of the parties for an extension to the close of
discovery is granted. The Order reopening discovery (ECF No. 226) is amended to extend the close of
discovery by 45 days to Friday, March 31, 2023. The Parties are further ordered to file a Joint Status
Report not later than 30 days after the close of discovery.
IT IS SO ORDERED.
Dated: December 27, 2022

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STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINE
Case No. 2:10-cv-02009-MCE-EFB