Bock et al v. County of Sutter et al

Filing 88

ORDER signed by Chief Judge Morrison C. England, Jr on 7/23/2013 GRANTING 84 Request to modify the 69 Pretrial Scheduling Order. Settlement Conference is CONTINUED TO 1/9/2014 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (cc EFB) (Donati, J)

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A PROFESSIONAL CORPORATION

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John R. Whitefleet, SBN 213301
350 University Ave., Suite 200
Sacramento, California 95825
TEL: [phone]
FAX: [phone]

Attorneys for Defendants COUNTY OF SUTTER; COUNTY OF YUBA; J.PAUL PARKER;
DAVID SAMSON; NORMAN BIDWELL; JOHN S. ZIL; CHRISTOPHER BARNETT; BOBBY
JOE LITTLE; DAVID CALAPINI; SHAUN FLIEHMAN; RAINBOW CRANE; KATY MULLIN;
DONICE MCGINNIS; LEWIS MCELFRESH; BALJINDER RAI

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CASE NO: 2:11-cv-00536-MCE-KJN

ESTATE OF RODNEY LOUIS BOCK,
deceased, by and through CYNDIE DENNY
BOCK, as Administrator; KIMBERLY
BOCK; KELLIE BOCK HILLARY BOCK;
M.B. minor through her mother and guardian
ad litem Cyndie Denny Bock; LAURA LYNN
BOCK; and ROBERT BOCK,

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DEFENDANTS’ EX PARTE APPLICATION
TO MODIFY SCHEDULING ORDER
CONTINUING SETTLEMENT
CONFERENCE; ORDER

Plaintiffs,

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vs.

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COUNTY OF SUTTER; COUNTY OF
YUBA; J. PAUL PARKER, Sutter County
Sheriff’s Department Sheriff; DAVID
SAMSON, Sutter County Jail Division
Commander; NORMAN BIDWELL, Sutter
County Jail Corrections Lieutenant; JOHN S.
ZIL; CHRISTOPHER BARNETT; BOBBY
JOE LITTLE; DAVID CALAPINI; SHAUN
FLIEHMAN; RAINBOW CRANE; KATY
MULLIN; DONICE MCGINNIS; LEWIS
MCELFRESH; BALJINDER RAI; and Does
1 through XL inclusive,

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Defendants.
/

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PORTER * SCOTT
ATTORNEYS
350 UNIVERSITY AVE., SUITE 200
SACRAMENTO, CA 95825
TEL: [phone]
FAX: [phone]

www.porterscott.com

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DEFENDANTS' EX PARTE APPLICATION TO MODIFY SCHEDULING ORDER CONTINUING
SETTLEMENT CONFERENCE; ORDER

01152717.WPD

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I.

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APPLICATION

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Defendants COUNTY OF SUTTER, COUNTY OF YUBA, J.PAUL PARKER, DAVID

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SAMSON, NORMAN BIDWELL, JOHN S. ZIL, CHRISTOPHER BARNETT, BOBBY JOE

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LITTLE, DAVID CALAPINI, SHAUN FLIEHMAN, RAINBOW CRANE, KATY MULLIN,

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DONICE MCGINNIS, LEWIS MCELFRESH, and BALJINDER RAI (hereinafter collectively

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“Defendants”) hereby apply for an order modifying the Pretrial Scheduling Order dated March 28,

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2013 (Docket Entry No. 69) to continue the Settlement Conference currently scheduled for July 25,

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2013, before Magistrate Judge Edmund Brennan.

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Defendants respectfully submit that good cause exists to continue the Settlement Conference.

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The Pretrial Scheduling Order dated March 28, 2013 was issued less then four months ago, and

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discovery deadlines are far in the future. Specifically, percipient witness discovery is to be

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completed by April 9, 2014; expert disclosures to be completed by June 9, 2014. The Final Pretrial

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Conference is set for December 18, 2014, and Trial is set for February 9, 2015. Moreover, Plaintiffs

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have conducted only two depositions, and only recently provided responses to written discovery to

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Defendants, which are being reviewed for their sufficiency. Accordingly, Defendants submit

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insufficient discovery has occurred to render a Settlement Conference meaningful at this stage in

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the proceedings, and/or would result in a waste of judicial resources at this time. Counsel for

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Plaintiffs refused to stipulate to a continuance of the Settlement Conference, and invited Defendants

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to move the court to do so.

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Defendants submit a continuance of six (6) months would allow sufficient time to conduct

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discovery, evaluate same, and prepare for a meaningful Settlement Conference, and not affect any

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other dates. Based upon the foregoing, Defendants submit good cause exists to modify the Pretrial

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Scheduling Order dated March 28, 2013 (Docket Entry No. 69) to continue the Settlement

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Conference currently scheduled for July 25, 2013, before Magistrate Judge Edmund Brennan, to a

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date in early January 2014 at the Court’s convenience, and thus the Court should grant this

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Application.

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PORTER * SCOTT
ATTORNEYS
350 UNIVERSITY AVE., SUITE 200
SACRAMENTO, CA 95825
TEL: [phone]
FAX: [phone]

www.porterscott.com

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DEFENDANTS' EX PARTE APPLICATION TO MODIFY SCHEDULING ORDER CONTINUING
SETTLEMENT CONFERENCE; ORDER

01152717.WPD

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Respectfully submitted,
DATED: July 22, 2013

PORTER SCOTT
A Professional Corporation

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By

/s/ John R. Whitefleet
John R. Whitefleet
Attorney for Defendants

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II.

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DECLARATION OF JOHN R. WHITEFLEET

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I, John R. Whitefleet, declare:

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1.

I am an attorney at law licensed to practice before all the courts in the State of

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California and the United States District Court, Eastern District of California and am a shareholder

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with the law firm of Porter Scott, a Professional Corporation, attorneys for Defendants in the above-

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titled matter.

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2.

The Pretrial Scheduling Order dated March 28, 2013 (Docket Entry No. 69) set a

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Settlement Conference for July 25, 2013, before Magistrate Judge Edmund Brennan. Percipient

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witness discovery is to be completed by April 9, 2014; expert disclosures by June 9, 2014. The Final

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Pretrial Conference is set for December 18, 2014, and Trial is set for February 9, 2015.

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3.

The Pretrial Scheduling Order dated March 28, 2013 was issued less then four

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months ago, and discovery deadlines are far in the future. Plaintiffs have conducted only two

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depositions, a jail inspection, and only recently provided responses to written discovery to

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Defendants on July 10, 2103, which are being reviewed for their sufficiency. I believe insufficient

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discovery has occurred to render a Settlement Conference meaningful at this stage in the

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proceedings, and/or would result in a waste of judicial resources at this time. In my estimation, an

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additional six months is necessary for the parties to conduct sufficient discovery and better evaluate

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the positions for a Settlement Conference.

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4.

On July 4, 2103 (at the jail inspection), and again on July 16, 2013, I suggested to

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counsel for Plaintiffs to continue the Settlement Conference. On July 16, 2013, counsel for

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Plaintiffs refused to stipulate to a continuance of the Settlement Conference, and invited Defendants

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to move the court to do so.

PORTER * SCOTT
ATTORNEYS
350 UNIVERSITY AVE., SUITE 200
SACRAMENTO, CA 95825
TEL: [phone]
FAX: [phone]

www.porterscott.com

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DEFENDANTS' EX PARTE APPLICATION TO MODIFY SCHEDULING ORDER CONTINUING
SETTLEMENT CONFERENCE; ORDER

01152717.WPD

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5.

Accordingly, on behalf of Defendants, I respectfully request modification of the

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Pretrial Scheduling Order dated March 28, 2013 to continue the Settlement Conference for July 25,

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2013, before Magistrate Judge Edmund Brennan to a date convenient to the Court in early January

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2014.

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I declare under penalty of perjury under the laws of the State of California, that the foregoing

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is true and correct and if called to testify as a witness in this matter I can and will testify competently

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as to the matters of fact contained herein based upon my personal knowledge. Executed this 16th

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day of July, 2013, at Sacramento, California.

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/s/ John R Whitefleet
John R. Whitefleet

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ORDER

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Good cause appearing, Defendants’ Ex Parte Application (ECF No. 84) is GRANTED. The

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Pretrial Scheduling Order dated March 28, 2013 (ECF No. 69) is modified as follows: the Settlement

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Conference for July 25, 2013, before Magistrate Judge Edmund Brennan is vacated and rescheduled

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for January 9, 2014, at 10:00 a.m in Courtroom 8.

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IT IS SO ORDERED.
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Date: July 23, 2013

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_____________________________________
___________________________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT COURT

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PORTER * SCOTT
ATTORNEYS
350 UNIVERSITY AVE., SUITE 200
SACRAMENTO, CA 95825
TEL: [phone]
FAX: [phone]

www.porterscott.com

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DEFENDANTS' EX PARTE APPLICATION TO MODIFY SCHEDULING ORDER CONTINUING
SETTLEMENT CONFERENCE; ORDER

01152717.WPD