Jones v. Cannedy et al

Filing 57

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 03/18/13 ordering plaintiff shall be allowed to depose the person most knowledgeable of the policy, practice or custom in place from 01/19/10, through the summer of 2010 on B Faci lity at CSP-Sacramento that subjected African-American inmates to a modified program. The time and date for this deposition shall be coordinated through counsel and subject to the mutual availability of the parties and/or deponent. Defendants shall be allowed to take the deposition of plaintiff on 03/19/13. All other dates in the discovery and scheduling order will remain the same. (Plummer, M)

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MARGUERITE E. MEADE (SBN 136473)
LAW OFFICE OF MARGUERITE E. MEADE
636 Albemarle Street
El Cerrito CA 94530
Telephone: [phone]
Email: [e-mail]
WILLIAM L. SCHMIDT (SBN 206870)
WILLIAM L. SCHMIDT, ATTORNEY AT LAW, P.C.
P.O. Box 25001
Fresno, CA 93729-5001
Telephone [phone]
Fax No. 559.436.8163
Email: [e-mail]
Attorneys for Plaintiff, SHERMAN JONES
KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
MISHA D. IGRA, State Bar No. 208711
Supervising Deputy Attorney General
DAVID E. BRICE, State Bar No. 269443
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants
Mini, Lizarraga,and Virga

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION

Plaintiff,

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Case No. 2:10-CV-02174-KJM –KJN P

SHERMAN JONES,

v.

STIPULATION TO MODIFY
DISCOVERY SCHEDULING ORDER;
[PROPOSED] ORDER

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C. CANNEDY, et al.,
Defendants.

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Stipulation to Modify Scheduling Order

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Case No. 2:10 CV 02174 KJM KJN

Plaintiff

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SHERMAN

JONES

(hereinafter

“Plaintiff”)

and

defendants

MINI,

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LIZARRAGA, and VIRGA, (hereinafter “Defendants”) hereby present the following Stipulation

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to Modify the current Scheduling Order in the above-captioned action.
RECITALS

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The parties set forth the following recitals to demonstrate that good cause exists to

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modify the current discovery and scheduling order in this case:
WHEREAS, Plaintiff’s First Amended Complaint (hereinafter “FAC”) was filed on

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March 7, 2011.
WHEREAS, on July 29, 2011, the Court deemed the FAC the operative pleading.

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WHEREAS, on February 24, 2012, attorneys Marguerite Meade and William L. Schmidt

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were substituted into this action as attorneys of record for Plaintiff.
WHEREAS, on September 24, 2012, the Court issued an order dismissing certain

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defendants and claims. (ECF No. 53.)

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WHEREAS, on October 8, 2012, Defendants filed an answer to Plaintiff’s FAC.

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WHEREAS, on October 18, 2012, the Court issued a scheduling order that deemed

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discovery closed on February 1, 2013.

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WHEREAS, Defendants noticed Plaintiff’s deposition for January 29, 2013, and agreed

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to reschedule it for March 19, 2013, at the request of Plaintiff’s counsel. Plaintiff is currently

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scheduled to be deposed on March 19, 2013.

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WHEREAS, counsel for the parties have meet and conferred, and stipulated to Plaintiff’s

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proposed deposition of the person most knowledgeable regarding the policy, practice or custom

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in place from January 19, 2010, through the summer of 2010 on B Facility at CSP – Sacramento

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that subjected African-American inmates to a modified program.
WHEREAS, no previous modification of the Discovery and Scheduling Order has taken

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place.

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Stipulation to Modify Scheduling Order

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Case No. 2:10 CV 02174 KJM KJN

STIPULATION

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Now, therefore, IT IS HEREBY STIPULATED, by and between the parties, through

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their respective attorneys of record that:
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Plaintiff shall be allowed to depose the Person Most Knowledgeable of the policy,

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practice or custom in place from January 19, 2010, through the summer of 2010 on B Facility at

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CSP – Sacramento that subjected African-American inmates to a modified program. The time

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and date for this deposition shall be coordinated through counsel and subject to the mutual

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availability of the parties and/or deponent.

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2.

Defendants shall be allowed to take the deposition of Plaintiff on March 19, 2013.

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3.

All other dates in the Discovery and Scheduling Order will remain the same.

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IT IS SO STIPULATED.
Date: March 4, 2013

LAW OFFICE OF MARGUERITE E. MEADE

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By:

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Attorney for Plaintiff SHERMAN JONES

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/s/ Marguerite E. Meade
Marguerite E. Meade

Dated: March 4, 2013
LAW OFFICE OF WILLIAM L. SCHMIDT

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By:

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/s/ William Schmidt
William L. Schmidt
Attorney for Plaintiff SHERMAN JONES

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Stipulation to Modify Scheduling Order

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Case No. 2:10 CV 02174 KJM KJN

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Dated: March 7, 2013
KAMALA D. HARRIS
Attorney General of California
MISHA D. IGRA
Supervising Deputy Attorney General

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By:

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/s/ David E. Brice
DAVID E. BRICE
Deputy Attorney General
Attorneys for Defendants
Mini,Lizarraga, and Virga

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IT IS SO ORDERED.
Date: 3/18/2013

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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DEAC_Sig nature-END:

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Stipulation to Modify Scheduling Order

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Case No. 2:10 CV 02174 KJM KJN