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

Filing 54

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 1/30/2015 MODIFYING the Scheduling Order as follows: Designation of Expert Witnesses due by 8/27/2015. Discovery due by 6/2/2015. Dispositive Motions shall be heard by 8/13/2015. Mo tion shall be filed 35 days before the hearing, with opposition due 14 days before the hearing, and reply 7 days before the hearing. The Pretrial Conference is RESET for 11/19/2015 at 2:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. The Jury Trial RESET for 1/25/2016 at 9:00 AM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. The Settlement Conference is RESET for 9/17/2015 at 9:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Kaminski, H) Modified on 2/2/2015 (Krueger, M).

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LANNY M. TRON (SBN 135339)
TERRY L. TRON (SBN 151151)
MARK PACHOWICZ (SBN 138108)
TRON & TRON
1297 FLYNN ROAD, SUITE 210
CAMARILLO, CA 93012
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
[e-mail]
Attorneys for Plaintiffs
KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
SUSAN E. SLAGER, State Bar No. 162942
Supervising Deputy Attorney General
NOREEN P. SKELLY, State Bar No. 186135
Deputy Attorney General
WILLIAM H. DOWNER, State Bar No. 257644
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO DIVISION
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JANELLE JONES, et al.,

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v.

2:12-cv-02181 TLN CKD
Plaintiffs, JOINT STIPULATION TO FURTHER
MODIFICATION OF SCHEDULING
ORDER; ORDER

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MATTHEW CATES, et al.,

Action Filed: August 21, 2012

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Defendants.
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Joint Stipulation to Further Modification of Scheduling Order; Order (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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On August 21, 2012, Plaintiffs Janelle Jones and T.J., a minor, (“PLAINTIFFS”) filed a

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complaint alleging violations of 42 U.S.C. §§1983 and 1988, as well as the general laws of the

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United States and the State of California against defendants California Department of Corrections

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and Rehabilitation, Matthew Cates, Mike McDonald, John McClellan, and Ed Simmerson, and

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DOES 1 through 50, inclusive (“DEFENDANTS”) [ECF Nos. 1-3.];

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On February 7, 2013, PLAINTIFFS and DEFENDANTS filed a Joint Status Report. [ECF
No. 20];
On March 22, 2013, PLAINTIFFS filed a First Amended Complaint. [ECF No. 24];
On April 23, 2013, DEFENDANTS filed an answer to the First Amended Complaint [ECF
No. 24];
On May 2, 2013, PLAINTIFFS and DEFENDANTS filed an Updated Joint Status Report
pursuant to this Court’s order. [ECF No. 29];

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On July 15, 2013, the Court issued its Pre-Trial Scheduling Order. [ECF No. 31];

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PLAINTIFFS and DEFENDANTS have exchanged Initial Disclosures, conducted

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discovery, and are presently continuing to engage in written discovery as well as scheduling

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depositions;

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Based upon PLAINTIFFS’ counsel’s serious personal and medical issues that arose after

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the Court’s issuance of its Pre-Trial Scheduling Order, as well as additional scheduling

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complications due to discovery issues, including DEFENDANTS requiring extensive time to

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provide Electronically Stored Information, and PLAINTIFFS’ unavailability for deposition, the

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parties have jointly sought prior modifications of the Pre-Trial Scheduling Order, which were

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approved, and Amended Scheduling Orders have been entered on October 18, 2013, March 14,

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2014, July 24, 2014, and most recently September 10, 2014 [ECF Nos. 35, 37, 42 & 45];

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DEFENDANTS filed a motion for judgment on the pleadings pursuant to Rule 12 (c) of the

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Federal Rules of Civil Procedure on October 2, 2014, which has been fully briefed and taken

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under submission by the Court. [ECF Nos. 47-50];

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Joint Stipulation to Further Modification of Scheduling Order; Order (2:12-cv-02181 TLN CKD)

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WHEREAS PLAINTIFFS and DEFENDANTS have agreed that because a decision on the

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merits of the pending motion for judgment on the pleadings may substantially impact the scope

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and substance of the litigation, and that proceeding apace without a decision on the merits may

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result in a needless expenditure of State and litigant time and resources, additional time is

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necessary to permit a decision on the merits of DEFENDANTS’ motion for judgment on the

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pleadings, and the parties’ subsequent completion of discovery, and filing of dispositive motions,

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the parties seek a corresponding continuance of the discovery cutoff deadline and other pre-trial

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deadlines as set forth below:

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Current Date

Proposed New Date

Event

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3/2/15

6/2/15

Last day to complete non-expert discovery.

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5/21/15

8/20/15

Last day to hear dispositive motions. Motion filed 35

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days before hearing; opposition filed 14 days before

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hearing; reply filed 7 days before hearing.

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5/21/15

9/17/15

Mandatory Settlement Conference

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5/24/15

8/27/15

Last day to designate experts.

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3/3/15

11/12/15

Last day to file joint pretrial conference statement.

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8/27/15

11/19/15

Final pretrial conference.

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10/26/15

1/25/16

Trial.

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WHEREAS, the parties agree that the requested modifications to the Pre-Trial Scheduling

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Order is for good cause and the modifications are in the interests of justice;

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IT IS HEREBY STIPULATED:

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All parties hereto, by and through their respective attorneys of record, have agreed to the

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modifications to the Pre-Trial Scheduling Order as set forth above, or as otherwise amenable to

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the Court’s calendar.

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Dated: January 28, 2015

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Tron & Tron
By /s/ Lanny M. Tron
Lanny M. Tron, Esq.
Attorneys for Plaintiffs

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Joint Stipulation to Further Modification of Scheduling Order; Order (2:12-cv-02181 TLN CKD)

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Dated: January 28, 2015

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Office of the Attorney General
By /s/ William H. Downer
William H. Downer, Deputy Attorney General
Attorneys for Defendants

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ORDER

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The Court having reviewed the forgoing Stipulation and good cause appearing therefore:
IT IS HEREBY ORDERED that the Pre-Trial Scheduling Order be modified as follows:
New Date

Event

6/2/15

Last day to complete non-expert discovery.

8/13/15

Last day to hear dispositive motions. Motion filed 35 days before
hearing; opposition filed 14 days before hearing; reply filed 7 days before
hearing.

9/17/15

Mandatory Settlement Conference before Magistrate Judge Allison Claire
at 9:00 a.m. in Courtroom #26.

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8/27/15

Last day to designate experts.

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11/12/15

Last day to file joint Pre Trial Conference Statement.

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11/19/15

Final Pre-Trial Conference at 2:00 p.m.in Courtroom #2 before District
Judge Troy L. Nunley.

1/25/16

Jury Trial at 9:00 a.m.in Courtroom #2 before District Judge Troy L.
Nunley.

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IT IS SO ORDERED:
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Dated: January 30, 2015
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Troy L. Nunley
United States District Judge

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Joint Stipulation to Further Modification of Scheduling Order; Order (2:12-cv-02181 TLN CKD)