Staggs et al v. Doctors Hospital of Manteca, Inc. et al

Filing 289

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 6/1/2020 GRANTING the request to extend the deadline to disclose rebuttal experts by fourteen days. Defendants shall disclose their rebuttal expert(s) to Plaintiffs' damages expert, Daniel Vasquez, by no later than 6/12/2020. The Joint Statement on whether leave to file any motion will be sought concerning the damages experts is now due by 6/19/2020. (Zignago, K.)

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XAVIER BECERRA, SBN 118517
Attorney General of California
PETER A. MESHOT, SBN 117061
Supervising Deputy Attorney General
DIANA ESQUIVEL, SBN 202954
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Defendants Allen, Bangi, Krpan, and
St. Clair

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Michael R. Mordaunt, SBN 66911
Stephanie L. Roundy, SBN 211871
RIGGIO MORDAUNT & KELLY
A Professional Law Corporation
2509 West March Lane, Suite 200
Stockton, CA 95207
Telephone: [phone]
[e-mail]
Attorney for Defendant Mario Sattah, M.D.

Carter C. White, SBN 164149
U.C. Davis Civil Rights Clinic
One Shields Avenue, Bldg. TB-30
Davis, CA 95616-8821
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiffs Linnie Staggs,
as Administrator of the Estate of
Robert E. Staggs, and Melissa Staggs
Daniela P. Stoutenburg, SBN 183785
Carolyn L. Northrop, SBN 237989
DUMMIT, BUCKHOLZ & TRAPP
Attorneys At Law
1661 Garden Highway
Sacramento, CA 95833
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant Doctors
Hospital of Manteca, Inc.

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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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LINNIE STAGGS, as Administrator of the
ESTATE OF ROBERT E. STAGGS,
deceased, and MELISSA STAGGS,

STIPULATED REQUEST FOR
FOURTEEN-DAY EXTENSION TO
Plaintiffs, DISCLOSE REBUTTAL EXPERT
WITNESS AND ORDER

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No. 2:11-cv-00414 MCE-KJN

v.
Trial Date:
None
Action Filed: June 9, 2011

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DOCTORS HOSPITAL OF MANTECA,
INC., et al.,
Defendants.

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Stipulated Request for 14-Day Extension re Rebuttal Expert Witness (2:11-cv-0414 MCE-KJN)

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Under Federal Rule of Civil Procedure 6(d)(a) and Local Rules 143 and 144, the parties, by

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and through their attorneys of record, stipulate to and request a fourteen-day extension of the May

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29, 2020 deadline for Defendants to disclose their rebuttal expert witness(es). This extension is

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needed due to the unexpected unavailability of the witness the Defendants had secured to serve as

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a rebuttal expert.

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Defendants previously requested, and the Court granted, two extensions for Defendants to

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disclose rebuttal expert witnesses. (ECF Nos. 284-287.) Since the last extension, defense

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counsel, Diana Esquivel, located an individual in CDCR’s Classification Services Unit (CSU)

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who had knowledge of the compassionate-release process and was willing to serve as a rebuttal

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witness in this case. To that end, the CSU employee reviewed the relevant case materials, and

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Defendants were prepared to make a timely disclosure. However, on the morning of May 28,

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2020, Ms. Esquivel was informed that the CSU employee had become unexpectedly unavailable

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and would not be able to serve as a rebuttal expert. Ms. Esquivel spoke with several CSU

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supervisors to find out if another CSU staff member was available to assist in this matter. As of

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the date of filing this stipulation, Ms. Esquivel continues to work with CSU and other CDCR staff

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to identify another individual knowledgeable of the compassionate-release process and who is

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available to serve as a rebuttal expert. For this reason, Defendants require a two-week extension

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to disclose their rebuttal expert.

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The parties therefore agree to an additional fourteen-day extension, up to and including

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June 12, 2020, for Defendants to disclose their rebuttal expert witness(es).

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Stipulated Request for 14-Day Extension re Rebuttal Expert Witness (2:11-cv-0414 MCE-KJN)

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The parties further agree to and request that the Court continue the June 9 deadline to file
the Joint Statement concerning expert-related motions to June 19, 2020.
IT IS SO STIPULATED.

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Dated: May 29, 2020

OFFICE OF THE ATTORNEY GENERAL

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/s/ Diana Esquivel
DIANA ESQUIVEL
Deputy Attorney General
Attorneys for Defendants Allen, Bangi, Krpan,
and St. Clair

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Respectfully submitted,

Dated: May 29, 2020

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UC DAVIS CIVIL RIGHTS CLINIC
/s/ Carter White (authorized 5/29/2020)
CARTER C. WHITE
Attorneys for Plaintiffs Linnie and Melissa
Staggs

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Dated: May 29, 2020

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DUMMIT, BUCKHOLZ & TRAPP
/s/ Carolyn L. Northrop (authorized 5/29/20)
CAROLYN L. NORTHROP
Attorneys for Defendants Doctors Hospital of
Manteca, Inc.

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Dated: May 29, 2020

/s/ Stephanie L. Roundy (authorized 5/29/20)
MICHAEL R. MORDAUNT
STEPHANIE L. ROUNDY
Attorneys for Defendant Mario Sattah, M.D.

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RIGGIO, MORDAUNT & KELLY

SA2011302076
34112554.docx

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Stipulated Request for 14-Day Extension re Rebuttal Expert Witness (2:11-cv-0414 MCE-KJN)

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ORDER
Based on the parties’ stipulation and good cause appearing, the request to extend the
deadline to disclose rebuttal experts by fourteen days is GRANTED.
Defendants shall disclose their rebuttal expert(s) to Plaintiffs’ damages expert, Daniel
Vasquez, by no later than June 12, 2020.
The Joint Statement on whether leave to file any motion will be sought concerning the
damages experts is now due by June 19, 2020.
IT IS SO ORDERED.
Dated: June 1, 2020

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stag.414

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Stipulated Request for 14-Day Extension re Rebuttal Expert Witness (2:11-cv-0414 MCE-KJN)