Jones et al v. California Department of Corrections and Rehabilitation et al

Filing 37

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 3/13/14 re: 36 MODIFYING 35 Scheduling Order. IT IS HEREBY ORDERED that the 35 Pretrial Scheduling Order be modified as follows: Discovery due by 10/10/2014; Settlement Confer ence set for 11/20/2014 at 09:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. Each party is DIRECTED to submit to the chambers of Judge Allison Claire confidential settlement conference statements not later than 7 days prior to the date of the Settlement Conference. Designation of Expert Witnesses due by 11/3/2014, Dispositive Motions filed by 12/11/2014.. (Meuleman, A)

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LANNY M. TRON (SBN 135339); [e-mail]
TERRY L. TRON (SBN 151151); [e-mail]
MARK PACHOWICZ (SBN 138108); [e-mail]
TRON & TRON
771 Daily Drive, Suite 230
Camarillo, CA 93010
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiffs

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KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
PETER A. MESHOT, State Bar No. 117061
Supervising Deputy Attorney General
KEVIN W. REAGER, State Bar No. 178478
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

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Attorneys for Defendants

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA,
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SACRAMENTO DIVISION

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JANELLE JONES, et al

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CASE NO. 2:12-CV-02181-TLN-CKD
JOINT STIPULATION TO FURTHER
MODIFICATION OF SCHEDULING
ORDER; ORDER

Plaintiffs,
vs.

Action Filed: August 21, 2012

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CALIFORNIA DEPARTMENT OF
CORRECTIONS AND REHABILITATION,
et al., and DOES 1 through 50, inclusive,

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Defendants.
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JOINT STIPULATION TO FURTHER MODIFICATION OF
SCHEDULING ORDER; ORDER

CASE NO. 2:12-CV-02181- TLN-CKD

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TO THE HONORABLE TROY L. NUNLEY, U.S. DISTRICT COURT JUDGE:

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WHEREAS on August 21, 2012, Plaintiffs Janelle Jones and T.J., a minor,
(“PLAINTIFFS”) filed a complaint alleging violations of 42 U.S.C. §§1983 and 1988, as well as
the general laws of the United States and of the State of California against defendants California
Department Of Corrections and Rehabilitation, Matthew Cates, Mike McDonald, Ed Simmerson,
John McClellan, and DOES 1 through 50, inclusive (“DEFENDANTS”) [Dkt. Nos. 1-3];

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WHEREAS on February 7, 2013, PLAINTIFFS and DEFENDANTS filed a Joint Status
Report. [Dkt. No. 20];

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WHEREAS on March 22, 2013, PLAINTIFFS filed a First Amended Complaint. [Dkt.
No. 24];

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WHEREAS on April 23, 2013, DEFENDANTS filed an answer to the First Amended
Complaint. [Dkt. No. 27];

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WHEREAS on May 2, 2013, PLAINTIFFS and DEFENDANTS filed an Updated Joint
Status Report pursuant to this Court’s order. [Dkt. No. 29];

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WHEREAS on July 15, 2013, the Court issued its Pre-trial Scheduling Order. [Dkt. No.
31];
WHEREAS PLAINTIFFS and DEFENDANTS have exchanged Initial Disclosures and
are presently engaging in extensive written discovery as well as the scheduling of depositions;

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WHEREAS PLAINTIFFS’ counsel had personal and medical issues arise after the

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Court’s issuance of its Pre-trial Scheduling Order. Plaintiff’s counsel, Lanny Tron, had major

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surgery on July 12, 2013, which involved a five-day hospital stay. Thereafter, on August 8,
2013, Mr. Tron had to make an emergency four-day trip to Alberta, Canada, to visit his father,
who had been diagnosed with terminal cancer;
WHEREAS, PLAINTIFFS’ counsel is a small law firm, and Mr. Tron is primarily
responsible for the handling of this case;
WHEREAS, given the personal and medical issues of PLAINTIFFS’ counsel, it was not
possible for counsel to adequately proceed to prosecute the case according to the Court’s July

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-2A
JOINT STIPULATION TO FURTHER MODIFICATION OF
SCHEDULING ORDER; ORDER

CASE NO. 2:12-CV-02181- TLN-CKD

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2013 Pre-trial schedule, in October 2013, the parties filed a Stipulation to modify the Pre-trial
Scheduling Order;
WHEREAS, the Stipulation was approved and an Amended Scheduling Order was
entered on October 18, 2013 [Dkt. No. 35];
WHEREAS, PLAINTIFFS’ counsel, Mr. Tron, thereafter underwent two further
surgeries, on October 22, 2013 and on December 17, 2013, relating to his serious medical
condition. The general nature of counsel’s medical condition has been disclosed to defense
counsel, and these surgeries were not elective;
WHEREAS plaintiff’s counsel’s recovery took longer than expected, the parties have not
been able to begin the deposition process, although a first round of written discovery has been
completed by both parties;
WHEREAS, the parties are not seeking a further continuance of the Trial date or Pre-trial
conference date at this time, but through this Stipulation do seek a continuance of certain
discovery and motion cut-off dates;
WHEREAS, the Parties therefore agree to a further modification of the Pre-trial
Scheduling Order by rescheduling certain dates therein to the following dates or to other dates as
may be amenable to the Court’s calendar:
1.

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October 10, 2014 (continued from current date of April 10, 2014);
2.

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3.

All counsel are to designate in writing, file with the Court, and serve upon all
other parties the name, address, and area of expertise of each expert that they

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propose to tender at trial not later than November 3, 2014 (continued from

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A Settlement Conference set before Judge Allison Claire on November 22,
2014; (continued from current date of May 22, 2014);

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All discovery, with the exception of expert discovery, shall be completed by

the current date of June 18, 2014); and
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The last day to hear dispositive motions shall be December 11, 2014
(continued from the current date of October 17, 2014).

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-3A
JOINT STIPULATION TO FURTHER MODIFICATION OF
SCHEDULING ORDER; ORDER

CASE NO. 2:12-CV-02181- TLN-CKD

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WHEREAS, the parties agree that the requested modifications to the Pre-trial Scheduling
Order is for good cause and the modifications are in the interests of justice;
IT IS HEREBY STIPULATED:
All parties hereto, by and through their respective attorneys of record, have agreed to the
modifications to the Pre-trial Scheduling Order as set forth above, or as otherwise amenable to
the Court’s calendar.
Dated: March 7, 2014

TRON & TRON

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By

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Dated: March 7, 2014

/s/
LANNY M. TRON, ESQ.
Attorneys for Plaintiffs

CALIFORNIA ATTORNEY GENERAL’S OFFICE

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By

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____/s/_________________
KEVIN W. REAGER, ESQ.
Attorneys for Defendants

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ORDER
The Court having reviewed the foregoing Stipulation and good cause appearing
therefore:
IT IS HEREBY ORDERED that the Pre-trial Scheduling Order be modified as follows:
1.

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All discovery, with the exception of expert discovery, shall be completed by
October 10, 2014.

2.

A Settlement Conference is set before Judge Allison Claire on November 20,

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2014, at 9:00 a.m. Each party is directed to submit to the chambers of Judge

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Allison Claire confidential settlement conference statements not later than

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seven (7) days prior to the date of the Settlement Conference.

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-4A
JOINT STIPULATION TO FURTHER MODIFICATION OF
SCHEDULING ORDER; ORDER

CASE NO. 2:12-CV-02181- TLN-CKD

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3.

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other parties the name, address, and area of expertise of each expert that they

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All counsel are to designate in writing, file with the Court, and serve upon all

propose to tender at trial not later than November 3, 2014.
4.

The last day to hear dispositive motions shall be December 11, 2014.

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IT IS SO ORDERED:

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Dated: March 13, 2014

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Troy L. Nunley
United States District Judge

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A
JOINT STIPULATION TO FURTHER MODIFICATION OF
SCHEDULING ORDER; ORDER

CASE NO. 2:12-CV-02181- TLN-CKD