Clifford et al v. Placer County et al

Filing 105

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 03/28/18 ORDERING that the time to depose Dr. Marc Firestone is EXTENDED until 06/01/18. (Benson, A.)

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BRUCE A. KILDAY, ESQ. (S.B. 66415)
Email: [e-mail]
DERICK E. KONZ, ESQ., (S.B. 286902)
Email: [e-mail]
ANGELO, KILDAY & KILDUFF, LLP
Attorneys at Law
601 University Avenue, Suite 150
Sacramento, CA 95825

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Telephone: [phone]

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Telecopier: [phone]

Attorneys for Defendants PLACER COUNTY, the PLACER COUNTY SHERIFF’S
DEPARTMENT and DEPUTY SHERIFF DAVID CLARK

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THE ESTATE OF ROBERT (BOBBY) S.
CLIFFORD, LINDA K. CLIFFORD,
individually with right of survivorship and in
her capacity as the personal representative of
THE ESTATE OF ROBERT (BOBBY) S.
CLIFFORD,

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Plaintiffs,
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vs.
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PLACER COUNTY, the PLACER COUNTY )
SHERIFF’S DEPARTMENT, DEFENDANT )
DEPUTY SHERIFF DAVID CLARK,
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individually and in his official capacity as a
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police officer,
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Defendants.
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Case No.: 2:11-cv-02591-MCE-CKD
STIPULATION AND REQUEST TO
EXTEND TIME TO DEPOSE
PLAINTIFF’S RETAINED EXPERT

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All parties hereby stipulate to an extension to depose Plaintiff’s retained expert, Dr.

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Firestone, until June 1, 2018. Good cause appearing therefore, the parties respectfully request that

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the Court grant this extension.

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-1STIPULATION AND REQUEST TO EXTEND TIME TO DEPOSE PLAINTIFF’S RETAINED EXPERT

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STATEMENT OF GOOD CAUSE
On July 24, 2017, Plaintiff filed a motion to substitute expert witness Dr. Marc Firestone
for their previously designated expert, Ronald Scott. (ECF No. 92.)

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On February 6, 2018, the Court issued an Order that granted in part and denied in part this

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request. (ECF No. 100.) The Court held that Plaintiff could substitute Dr. Firestone for Mr. Scott

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as her retained expert, but that Dr. Firestone would be limited to expressing “‘opinions and theories

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and the bases for those opinions and theories’ as express in Mr. Scott’s original report.” (Id. at

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4:4-6.) The Order gave Plaintiff thirty days to officially designate Dr. Firestone as her substituted

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expert. (Id. at 5:6-9.)

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On March 8, 2018, Plaintiff filed an “Amended Rule 26(a)(2) Disclosure of Expert
Testimony” that designated Dr. Firestone as her retained expert. (ECF No. 101.)

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The Court’s February 6, 2018 Order required that Defendants depose Dr. Firestone (if they

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chose to) within thirty (30) days after he was designated. (ECF No. 100 at 5:10-11.) Accordingly,

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based on Plaintiff’s March 8, 2018 filing, this deadline became April 9, 2018.

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On March 16, 2018, defense counsel contacted plaintiff’s counsel to inquire about available

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dates and locations for Dr. Firestone’s deposition. (Declaration of Derick E. Konz.) Plaintiff’s

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counsel advised that due to Dr. Firestone’s schedule he would not be available until the last week

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in April, at the earliest. (Id.) Counsel also discussed the potential for early resolution and agreed

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to speak with their clients about mediation. (Id.)

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The parties hereby stipulate to, and respectfully request from the Court, an Order extending

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the time to depose Dr. Firestone until June 1, 2018. This will accommodate the schedule of Dr.

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Firestone and involved counsel and will also give the parties additional time to negotiate – which

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could ultimately result in a settlement without the need to spend money on Dr. Firestone’s

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deposition. At the very least, it will give the parties time to fully explore this option before jumping

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into an expert deposition in Southern California where Dr. Firestone is located.

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There is no trial date set, and accordingly, this extension will not require the Court to reset
any other dates.

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-2STIPULATION AND REQUEST TO EXTEND TIME TO DEPOSE PLAINTIFF’S RETAINED EXPERT

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Good cause appearing, the parties hereby stipulate to, and respectfully request a Court
Order extending the time to depose Dr. Firestone until June 1, 2018.

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SO STIPULATED.

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Dated: March 23, 2018

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ANGELO, KILDAY & KILDUFF, LLP
/s/ Derick E. Konz
By:_________________________________
BRUCE A. KILDAY
DERICK E. KONZ
Attorneys for Defendants

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Dated: March 23, 2018

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THE WALSTON LAW GROUP
/s/ Gregory S. Walston
(as authorized on March 21, 2018)
By:_________________________________
GREGORY S. WALSTON
Attorneys for Plaintiff

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ORDER

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Having considered the stipulation of the parties and good cause appearing, the court hereby

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GRANTS the parties’ foregoing stipulation to extend the time to depose Dr. Marc Firestone until

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June 1, 2018.

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IT IS SO ORDERED.
Dated: March 28, 2018

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-3STIPULATION AND REQUEST TO EXTEND TIME TO DEPOSE PLAINTIFF’S RETAINED EXPERT