Manning et al v. Crosby et al

Filing 31

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 12/1/2015 ORDERING 30 Discovery due by 4/1/2016; Expert Witness Disclosure due by 5/27/2016; Dispositive Motions filed by 10/20/2016; Joint Final Pretrial Conference Statement by 2/2/2017; Final Pretrial Conference reset for 2/9/2017 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley; and Trial reset for 4/3/2017 at 09:00 AM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Reader, L)

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LONGYEAR, O’DEA & LAVRA, LLP
John Lavra, SBN 114533
Amanda McDermott
3620 American River Drive, Suite 230
Sacramento, CA 95864
Telephone: [phone]
Facsimile: [phone]

LAW OFFICE OF JOSEPH C. GEORGE
Joseph C. George, Sr., SBN 119231
Joseph George, Jr., SBN 200999
601 University Avenue, Suite 200
Sacramento, CA 95825
Telephone: [phone]
Facsimile: [phone]

Attorneys for Defendants,
COUNTY OF SACRAMENTO
and LYNN TRACY

Attorneys for Plaintiffs

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LAW OFFICE OF STEWART KATZ
Stewart Katz, SBN 127425
555 University Avenue, Suite 270
Sacramento, CA 95825
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LILLY MANNING, KENYATA
MANNING, and NATASHA MANNING,
Plaintiffs,
vs.

NO. 2:12-CV-01784-TLN-KJN

MIKE CROSBY, RACHEL LANE, MARY
STRUHS, NATASHA JOHNSON,
STEPHANIE WHITNEY-COOK,
PAULINE TRACEY, LYNN TRACY,
MSW, SACRAMENTO UNIFIED
SCHOOL DISTRICT, DEPARTMENT OF
HEALTH AND HUMAN SERVICES,
CHILD PROTECTIVE SERVICES,
SACRAMENTO COUNTY, and DOES 5
through 25, inclusive,
Defendants.

STIPULATION AND ORDER TO
MODIFY PRETRIAL SCHEDULING
ORDER
[DATES MODIFIED]

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Plaintiffs Lilly Manning, Kenyata Manning and Natasha Manning, (collectively referred

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to hereinafter as “Plaintiffs”) are represented by Joseph C. George and Joseph C. George, Jr., of

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the Law Offices of Joseph C. George, 601 University Avenue, Suite 200, Sacramento,

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California 95825, and Stewart Katz of the Law Office of Stewart Katz, 555 University Avenue,
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Stipulation and Order to Modify Pretrial Scheduling Order

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#270, Sacramento, California 95825.

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Defendants County of Sacramento and Lynn Tracy, MSW (collectively referred to

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hereinafter as “Sacramento County Defendants”) are represented by John A. Lavra and

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Amanda McDermott of Longyear, O’Dea & Lavra, LLP.

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Pursuant to Federal Rule of Civil Procedure 16(b)(4), the parties hereby stipulate and

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request that the Third Amended Pretrial Scheduling Order issued on May 26, 2015 (Docket No.

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24) be modified to reflect new deadlines as follows, or as to accommodate the Court’s docket:

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Discovery Deadline:

April 1, 2016

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Expert Witness Disclosure:

May 27, 2016

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Dispositive Motion Deadline:

October 13, 2016

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Joint Final Pretrial Conference Statement:

January 26, 2017

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Final Pre-trial Conference:

February 2, 2017

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Trial:

April 3, 2017

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Reasons for this Stipulation/ Request

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The parties stipulate to and request this approximate four-month extension of dates for

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multiple reasons.
Allowing the parties to extend the deadlines for approximately four months will save
expenses and greatly increase the likelihood of settling this case.

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In addition, there have been unexpected delays in obtaining state court adoption records

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which are needed by all parties. On October 27, 2015, Judge Blizzard with Sacramento

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Superior Court advised parties that the state court had reviewed the adoption records and while

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the court was able to identify a number of pages in the record that might be relevant, the court

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felt that it had insufficient background information to determine the relevance or a significant

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portion of the records and invited the parties to propose an alternative review process. Both

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parties expect to review the state court adoption records this month. After reviewing the

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records, additional discovery may need to be conducted. Extending the discovery cut-off date

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by four months will allow for the potential need of additional discovery.
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Stipulation and Order to Modify Pretrial Scheduling Order

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Dated: December 1, 2015

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LAW OFFICE OF JOSEPH C. GEORGE, PH.D.
By:

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/s/ Joseph C. George
JOSEPH C. GEORGE
JOSPEH C. GEORGE, JR.
Attorneys for Plaintiffs

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Dated: December 1, 2015

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LAW OFFICE OF STEWART KATZ
By:

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/s/ Stewart Katz
STEWART KATZ
Attorneys for Plaintiffs

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Dated: December 1, 2015

LONGYEAR, O’DEA & LAVRA, LLP
By:

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_/s/ John Lavra

JOHN LAVRA
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AMANDA MCDERMOTT
Attorneys for Defendants
COUNTY OF SACRAMENTO
and LYNN TRACY, MSW

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The Court hereby modifies the Pretrial Scheduling Order as follows:

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Discovery Deadline:

April 1, 2016

Expert Witness Disclosure:

May 27, 2016

Dispositive Motion Deadline:

October 20, 2016

Joint Final Pretrial Conference Statement:

February 2, 2017

Final Pre-trial Conference:

February 9, 2017, at 2:00 p.m.

Trial:

April 3, 2017, at 9:00 a.m.

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IT IS SO ORDERED.
Dated: December 1, 2015

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Troy L. Nunley
United States District Judge

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Stipulation and Order to Modify Pretrial Scheduling Order