Jones v. Cannedy et al

Filing 59

ORDER signed by Magistrate Judge Kendall J. Newman on 4/16/13 ORDERING that the dispositive motion deadline in this case shall be extended 75 days to July 10, 2013. Plaintiff shall be allowed to depose the Person Most Knowledgeable of the policy , practice or custom in place from January 19, 2010, through the summer of 2010 on B Facility 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. All other dates in the Discovery and Scheduling Order will remain the same.(Dillon, M)

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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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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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Case No. 2:10-CV-02174-KJM-KJN
SHERMAN JONES,

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STIPULATION TO MODIFY DISCOVERY
Plaintiff, AND SCHEDULING ORDER; [PROPOSED]
ORDER

v.

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C. CANNEDY, et al.,

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Defendants.

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Plaintiff SHERMAN JONES (hereinafter “Plaintiff”) and defendants MINI, LIZARRAGA,

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

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Discovery and 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 modify

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

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

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Stipulation to Modify Discovery and Scheduling Order; [Proposed] Order (2:10-CV-02174-KJM-KJN)

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WHEREAS, on February 24, 2012, attorneys Marguerite Meade and William L. Schmidt
were substituted into this action as attorneys of record for Plaintiff.

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WHEREAS, on September 24, 2012, the Court issued an order dismissing certain
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, Plaintiff was deposed on March 19, 2013, pursuant to stipulation of the
parties.

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WHEREAS, counsel for the parties met and conferred, stipulated to Plaintiff’s proposed

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

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

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subjected African-American inmates to a modified program, and scheduled the deposition for

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April 3, 2013, at 10 a.m.

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WHEREAS, counsel for Plaintiff had to cancel the April 3 deposition because of a family
emergency.

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WHEREAS, counsel for the parties have not yet been able determine a suitable new date to
reschedule the April 3 deposition.

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WHEREAS, the dispositive motion deadline in this case is April 26, 2013.

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WHEREAS, counsel for the parties do not believe they will be able to reschedule and

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conduct the April 3 deposition within a reasonable time before the dispositive motion deadline.

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WHEREAS, counsel for Defendants has scheduled a four-week FMLA leave in May.

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WHEREAS, no previous extension of the dispositive motion deadline has taken place.

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STIPULATION

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Now, therefore, IT IS HEREBY STIPULATED, by and between the parties, through their
respective attorneys of record that:

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1.

The dispositive motion deadline in this case shall be extended 75 days to July 10,

2013.
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Stipulation to Modify Discovery and Scheduling Order; [Proposed] Order (2:10-CV-02174-KJM-KJN)

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2.

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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3.

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

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IT IS SO STIPULATED.

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Date: April 15, 2013

LAW OFFICE OF MARGUERITE E. MEADE

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By: /s/ Marguerite E. Meade________
Marguerite E. Meade
Attorney for Plaintiff SHERMAN JONES

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Dated: April 15, 2013

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LAW OFFICE OF WILLIAM L. SCHMIDT
By: /s/ William L. Schmidt__________
William L. Schmidt
Attorney for Plaintiff SHERMAN JONES

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Dated: April 15, 2013

KAMALA D. HARRIS
Attorney General of California
MISHA D. IGRA
Supervising Deputy Attorney General

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

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IT IS SO ORDERED.

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Date: 4/16/2013

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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SA2010303600
31662837.doc

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ad4mc0d

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Stipulation to Modify Discovery and Scheduling Order; [Proposed] Order (2:10-CV-02174-KJM-KJN)