Coston v. Nangalama et al

Filing 250

STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr., on 8/11/23, ORDERING that the joint motion of the parties for an extension of the close of discovery is GRANTED. The Order 226 reopening discovery is amended to EXTEND the close of discovery by 60 days to 10/27/23. The Parties are further ORDERED to file a Joint Status Report not later than 30 days after the close of discovery. (Kastilahn, A)

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Julie A. Shepard (SBN 175538)
[e-mail]
Alice S. Kim (SBN 317479)
[e-mail]
Eric Wolff (SBN 341180)
[e-mail]
Tal Ratner Solovey (SBN 348113)
[e-mail]
JENNER & BLOCK LLP
515 South Flower Street, Suite 3300
Los Angeles, CA 90071-2246
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiff Danny Murphy Coston

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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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DANNY MURPHY COSTON

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Plaintiff,
v.
ANDREW NANGALAMA, et al.
Defendants.

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

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Coston”) and Defendant Andrew Nangalama (“Dr. Nangalama,” together, the “Parties”), through

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their counsel, jointly submit the following Stipulation and Proposed Order for an extension of the

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discovery cut-off due to additional delays in California State Prison – Sacramento’s (“CSP-Sac”)

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production of documents and the need to reschedule depositions due to Dr. Nangalama’s counsel’s

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scheduling conflicts.

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RECITALS

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WHEREAS, by the Order reopening discovery for 120 days from the date the Order was

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electronically filed, October 17, 2022, (ECF No. 226), the close of discovery was set for February

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14, 2023;

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WHEREAS, Mr. Coston promptly prepared and served written discovery on Defendants

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Dr. Nangalama and Randall Hale1 (together, “Defendants”), serving requests for production on

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November 3, 2022, and serving requests for admission and interrogatories on December 13, 2022;

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WHEREAS, Mr. Coston personally served non-party CSP-Sac with Subpoenas Duces

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Tecum on November 15, 2022 and January 30, 2023 (the “Subpoenas”);

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WHEREAS, CSP-Sac did not respond to either of the Subpoenas by their respective
deadlines;

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WHEREAS, during the period of December 2022 through June 2023, CSP-Sac represented

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that it was experiencing staff shortages, a backlog of requests, and technical issues that contributed

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to its delays in responding to the Subpoenas;

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WHEREAS, due to the delays in CSP-Sac’s production, on December 27, February 9, and

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April 20, 2023, this Court granted the Parties’ prior stipulations to extend discovery, ultimately

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extending the close of discovery to August 28, 2023 (ECF Nos. 234, 238, 240);

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Randall Hale is currently unrepresented in this proceeding. The Court granted counsel’s motion
to withdraw from the representation of Mr. Hale and ordered him to file a status report with the
court by thirty days after proof of service of the order on Mr. Hale was filed (ECF No. 232).
Withdrawal was effective on January 3, 2023 when the proof of service of the Order on Mr. Hale
was filed. (See ECF No. 235). Mr. Hale has not filed a status report, and, as described in the
Parties’ motion to extend discovery deadline, appears not to be participating in the litigation. (See
ECF No. 236 at 5).
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STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINE
Case No. 2:10-cv-02009-MCE-EFB

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WHEREAS, since then, counsel for Mr. Coston has attempted to move the case forward.

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As an example, on June 5, 2023, Mr. Coston filed a motion to compel Dr. Nangalama to

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supplement his incomplete responses to Mr. Coston’s interrogatories and requests for admission,

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and provide verifications for those responses (ECF No. 243).

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WHEREAS, on June 12, 2023, Dr. Nangalama resolved the issues raised in Mr. Coston’s

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Motion by providing amended responses to his requests for admission and interrogatories along

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with verifications and Mr. Coston withdrew the Motion on January 15, 2023 (ECF No. 245).

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WHEREAS, on July11 and 14, 2023, Mr. Coston noticed the depositions of Defendants

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and served deposition subpoenas on seven non-party witnesses scheduling their depositions for

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various dates in mid-July and August and before the close of discovery on August 28, 2023;
WHEREAS, counsel for Dr. Nangalama requested to reschedule all of the depositions
except for Dr. Nangalama’s;

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WHEREAS, counsel for Mr. Coston intends to reschedule Dr. Nangalama’s deposition in

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order to depose him after most if not all of the other witnesses and the CSP-SAC documents have

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been produced;

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WHEREAS, on July 27, 2023, Mr. Coston filed a second Motion to Compel Discovery.

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This motion was filed against CSP-Sac due to its failure to conduct a diligent search for, and

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produce, all documents responsive to the Subpoenas (ECF No. 247);

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WHEREAS, the parties resolved the second Motion by stipulating to conduct the search
and find the information as requested in the Motion;

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WHEREAS, CSP-Sac’s production of document responses to Mr. Coston’s Subpoenas are

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not set to be completed until August 23, 2023 which is less than a week before the current close

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of discovery;

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WHEREAS, the Parties need additional time to prepare for, reschedule, and conduct

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depositions given CSP-Sac’s ongoing delay in producing documents in response to the Subpoenas

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and counsel’s scheduling conflicts; and

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

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WHEREAS, a trial date has not been set in this case, so extending the discovery deadline

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would not affect the schedule in this case except to require an adjustment to the date by which the

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Parties are to file a Joint Status Report.

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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 60 days to Friday, October 27, 2023.

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SO STIPULATED.

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Dated: August 9, 2023

JENNER & BLOCK LLP

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By:

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Attorneys for Plaintiff Danny Murphy Coston

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/s/ Julie A. Shepard
Julie A. Shepard
Alice S. Kim
Eric Wolff
Tal Ratner Solovey

Dated: August 9, 2023

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/s/ Amie Bears (as authorized on 8/9/2023)
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]

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Attorneys for Defendant Andrew Nangalama

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Attorneys for Non-Party California State Prison –
Sacramento

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///
///

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

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ORDER
Based on the above stipulation , the joint motion of the parties for an extension of the

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close of discovery is granted. The Order reopening discovery (ECF No. 226) is amended to

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extend the close of discovery by 60 days to Friday, October 27, 2023. The Parties are further

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ordered to file a Joint Status Report not later than 30 days after the close of discovery.

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IT IS SO ORDERED.
Dated: August 11, 2023

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