Jones v. Cannedy et al

Filing 61

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 7/8/2013 and agreed between the parties to EXTEND the dispositive motion deadline; in addition the parties are INFORMED that they may, either before or after the expiration of the extended dispositive motion deadline of 8/23/2013, jointly request a settlement conference in this action, to be conducted by a Magistrate Judge pursuant to the appropriate waivers of disqualification. (Yin, K)

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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.

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RECITALS
The parties set forth the following recitals to demonstrate that good cause exists to modify
the current discovery and scheduling order in this case:
WHEREAS, Plaintiff’s First Amended Complaint (hereinafter “FAC”) was filed on March
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.
WHEREAS, counsel for the parties met and conferred, stipulated to Plaintiff’s proposed

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deposition of the person most knowledgeable (PMK) regarding the policy, practice or custom in

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place 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 (“Defendants’ PMK”), and scheduled

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the deposition for 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 stipulated to extend the dispositive motion deadline
from April 26 to July 10, 2013, so that the deposition of Defendants’ PMK could take place.

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WHEREAS, the deposition of Defendants’ PMK occurred on June 19, 2013.

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WHEREAS, following the deposition of Defendants’ PMK, counsel for the parties met and

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conferred regarding potential resolution of this case, and have agreed to defer ordering a

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deposition transcript to avoid further litigation costs at this time.

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WHEREAS, counsel for the parties believe further time to consider potential resolution of

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this case would be beneficial, prior to the filing of any dispositive motions, and thus, the

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dispositive motion deadline should be extended by 45 days.

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

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STIPULATION

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

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respective attorneys of record that the dispositive motion deadline in this case shall be extended

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45 days to August 23, 2013.

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IT IS SO STIPULATED.

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Date: July 3, 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: July 3, 2013

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LAW OFFICE OF WILLIAM L. SCHMIDT
By: /s/ William L. Schmidt__________
William L. Schmidt

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Attorney for Plaintiff SHERMAN JONES
Dated: July 3, 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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In addition, the parties are hereby informed that they may, either before or after

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expiration of the extended dispositive motion deadline of August 23, 2013, jointly request a

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settlement conference in this action, to be conducted by the undersigned Magistrate Judge,

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pursuant to the appropriate waivers of disqualification, or by another Magistrate Judge.
Date: 7/8/2013

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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jone2174.stip.III.docc0d

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