Doe v. Sacramento Dept. of Health and Human Services

Filing 32

STIPULATION and ORDER signed by Judge John A. Mendez on 4/8/2013 CONTINUING the Initial Expert Disclosure date to 7/8/2013; CONTINUING the Supplemental and Rebuttal Expert Witness Disclosure date to 7/15/2013; CONTINUING the Discovery completion date to 9/1/2013. (Michel, G)

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RICHARD A. FRISHMAN, SB# 059383
205 North Pine Street
Nevada City, CA 95959
Telephone: [phone]
Fax:
[phone]
Attorney for JOHN DOE, a minor, by his
Guardian ad Litem, KATHRYN CLARK

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LONGYEAR, O’DEA & LAVRA, LLP
3620 American River Drive, Suite 230
Sacramento, CA 95864
Telephone: [phone]
Fax:
[phone]

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN DOE, a minor

Case Number: 2:11-CV-01767-JAMJFM

Plaintiff,

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STIPULATION AND ORDER FOR
EXTENSION
OF
TIME
FOR
COMPLETION OF DISCOVERY
AND
EXPERT
WITNESS
DISCLOSURES

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vs.
US Dist. Ct. Eastern Dist. CA Rule
143

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SACRAMENTO DEPARTMENT OF
HEALTH AND HUMAN SERVICES
-CHILD PROTECTIVE SERVICES OF
SACRAMENTO COUNTY, and DOES
I through XXXV, inclusive.
Defendants.
_

/

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Pursuant to Local Rule 143, the parties to the within action, by their respective

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counsel, hereby stipulate to extend the time within which to complete discovery and

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for all expert witness disclosures.

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The Court has granted one prior Stipulation for Extension of time for Expert

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Witness Disclosures and Discovery Completion Date which was filed by the parties
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- 1 STIPULATION FOR EXTENSION OF TIME FOR COMPLETION OF DISCOVERY AND EXPERT
WITNESS DISCLOSURES

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on January 11, 2013.
At all times through this litigation, the parties have diligently pursued written
discovery and have made significant document exchanges. The defense has

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provided Plaintiff with over 3,000 pages of written discovery.
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The parties have completed depositions of the minor Plaintiff’s parents, one of

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two foster parents where the placement of the minor was in effect at the time of his

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burn injuries, as well as the two social workers who inspected the residence of, and

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interviewed the, foster parents prior to the placement. The Plaintiff has submitted to

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the requested defense IME; but, the report is not yet available.
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Plaintiff has noticed the deposition of one of defendant’s Kinship Unit’s

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supervisors for April 25, 2013, in order to obtain further information as to policies, and

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implementation of same, as relevant to this action.

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Nevertheless, the parties will not be able to complete discovery, and will not

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be able to make complete and knowing expert disclosures, as currently calendared,
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for the following reasons:
Despite significant, good faith, efforts of the defense, a deposition subpoena

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has yet to be served on the foster parent (Fernando Ramirez, a NREFM) who was

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present when Plaintiff suffered his burn injuries. Mr. Ramirez, as an eye and/or ear,

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witness to the events which resulted in the burn injuries, is a material witness to this

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action for both sides.
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Additionally, the parties have discussed conducting Mediation prior to filing of

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various Motions and hiring of experts. Plaintiff will be filing a Motion to Amend,

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seeking leave to name one or more employees of CPS as Defendants to the action.

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- 2 STIPULATION FOR EXTENSION OF TIME FOR COMPLETION OF DISCOVERY AND EXPERT
WITNESS DISCLOSURES

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Absent settlement, Defendant has advised that it will file a Motion for Summary
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Judgment. Such a Motion will be opposed.
An extension, as Stipulated here, will permit the parties to fully complete

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discovery, gain further information as to case value, and increase the potential for

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conducting Mediation and reaching settlement.

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At this time, the parties do not seek extension of the dates for Final Pretrial
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Conference or Trial.
Therefore, the parties jointly propose setting the following deadlines as
follows:
Initial Disclosure of Expert Witnesses:

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Proposed new deadline: July 8, 2013 (current deadline - April 30, 2013)
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Disclosure of Supplemental and Rebuttal Expert Witnesses:

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Proposed new deadline: July 15, 2013 (current deadline – May 7, 2013)

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Discovery Completion:

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Proposed new deadline: September 1, 2013 (current deadline – July 1,

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2013)

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WHEREAS, this Stipulation, and requests contained therein, are not being
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made for purposes of delay, or any other improper purpose; and

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WHEREAS, continuing the deadlines for completing discovery and for

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disclosure of expert witnesses will not prejudice either party or have negative impact

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upon the judicial administration of this Court;

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THEREFORE, IT IS HEREBY STIPULATED and agreed by Plaintiff and
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- 3 STIPULATION FOR EXTENSION OF TIME FOR COMPLETION OF DISCOVERY AND EXPERT
WITNESS DISCLOSURES

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Defendant, through their respective attorneys of records, that this Court may continue
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the deadlines as requested and set forth above.
IT IS SO STIPULATED:

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DATED: April 5, 2013
/s/_________________________________
RICHARD A. FRISHMAN, CSB # 059383
Attorney for Plaintiff
e-mail: [e-mail]

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DATED: April 5, 2013

LONGYEAR, O’DEA, & LAVRA, LLP, by:

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/s/_________________________________
JOHN A. LAVRA, CSB #114533
Attorney for Defendants
e-mail: [e-mail]

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- 4 STIPULATION FOR EXTENSION OF TIME FOR COMPLETION OF DISCOVERY AND EXPERT
WITNESS DISCLOSURES

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ORDER ON STIPULATION
Pursuant to Stipulation, IT IS HEREBY ORDERED THAT:
Initial Expert Disclosure date in this action is continued to: July 8, 2013
Supplemental and Rebuttal Expert Witness Disclosure date in this action is

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continued to: July 15, 2013
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Discovery completion date in this action is continued to: September 1, 2013.
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SO ORDERED: 4/8/2013
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/s/ John A. Mendez________________
THE HONORABLE JOHN A. MENDEZ
United States District Court Judge

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- 5 STIPULATION FOR EXTENSION OF TIME FOR COMPLETION OF DISCOVERY AND EXPERT
WITNESS DISCLOSURES