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

Filing 74

ORDER signed by District Judge Troy L. Nunley on 7/6/15. The current trial date and pre-trial deadlines are VACATED to be reset subsequent to ruling on the pending Motion to Dismiss and Motion to Strike. (Manzer, C)

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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
1297 Flynn Road, Suite 210
Camarillo, CA 93012
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
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]

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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
Plaintiffs,
JOINT STIPULATION TO FURTHER
MODIFICATION OF SCHEDULING
ORDER; ORDER

vs.

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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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Action Filed: August 21, 2012

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T RON & T RON

1297 FLYNN RD. #210
C A MA RILLO , CA
[phone]

TO THE HONORABLE TROY L. NUNLEY, U.S. DISTRICT COURT JUDGE:
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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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SUMMARY OF RELIEF SOUGHT THROUGH THIS STIPULATION
Currently pending before this Court is defendants California Department Of Corrections
and Rehabilitation, Matthew Cates, Mike McDonald, Ed Simmerson, John McClellan, and

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DOES 1 through 50, inclusive (“DEFENDANTS”) motion to dismiss Plaintiffs Janelle Jones and

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T.J., a minor, (“PLAINTIFFS”) second, third, and fourth claims for relief set forth in the Second

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Amended Complaint (SAC), and a motion to strike portions of the SAC. The motions were
taken under submission by this Court on May 28, 2015 [Dkt. No. 70], and remain under
submission.
Based upon the current Pre-Trial Scheduling Order, DEFENDANTS must file any
dispositive motion by July 9, 2015—within approximately one week.

conferring, the parties have agreed that a decision on the merits of the pending motions to
dismiss and strike may substantially impact the scope and substance of the litigation, and that
proceeding apace without a decision on the merits may result in a needless expenditure of Court,
State, and litigant time and resources. Accordingly, the parties have herein stipulated to vacating
the current trial date, and all pre-trial dates, including the last day to file any dispositive motions,
until the Court has decided the pending motions to dismiss and strike, and the pleadings in this
case are set and the case is at-issue. In the alternative, the parties have herein stipulated to
continuing the trial and pre-trial dates by six months, as set forth below.

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T RON & T RON

1297 FLYNN RD. #210
C A MA RILLO , CA
[phone]

After meeting and

PERTINENT PROCEDURAL BACKGROUND
On August 21, 2012, PLAINTIFFS filed their initial 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 [Dkt. Nos. 1-3];
On March 22, 2013, PLAINTIFFS filed a First Amended Complaint. [Dkt. No. 24];
On April 23, 2013, DEFENDANTS filed an answer to the First Amended Complaint.
[Dkt. No. 27];
On May 2, 2013, PLAINTIFFS and DEFENDANTS filed an Updated Joint Status Report
pursuant to this Court’s order. [Dkt. No. 29];
On July 15, 2013, the Court issued its Pre-trial Scheduling Order. [Dkt. No. 31];
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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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Based upon PLAINTIFFS’ counsels’ serious personal and medical issues that arose after

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

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complications due to discovery issues, the parties have filed prior Stipulations seeking
modification of the Pre-trial Scheduling Order, which have been approved, and Amended
Scheduling Orders have been entered on October 18, 2013 [Dkt. No. 35]; on March 14, 2014
[Dkt. No. 37]; July 24, 2014 [Dkt. No. 42]; and February 2, 2015 [Dkt. No. 54];

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On March 27, 2015, this Court granted Defendants’ motion for judgment on the

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pleadings in part and denied the motion in part. [Dkt. No. 57] In accordance with the Court’s

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order, Plaintiffs filed a second amended complaint (SAC). [Dkt Nos. 57, 60] Defendants have
filed motions to strike and dismiss the SAC. [Dkt Nos. 61, 62, 63, 64] These motions are fully
briefed and pending before the court. [Dkt Nos. 65, 66, 68, 69, 70]

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The parties agree that a decision on the merits of the pending motion to dismiss and
motion to strike may substantially impact the scope and substance of the litigation, and that
proceeding apace without a decision on the merits may result in a needless expenditure of
Judicial, State and litigant time and resources. Accordingly PLAINTIFFS and DEFENDANTS
agree that the trial date and all pre-trial dates should be vacated at this time, and reset once the
Court has decided the pending motions to strike and dismiss, and the pleadings are set and the
case it at-issue. In the alternative, the parties seek a six-month continuance of the trial date and
all pre-trial deadlines, as set forth below:

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Current Date

Proposed New Date

Event

6/2/15

12/02/15

Last day to complete non-expert discovery.

8/13/15

2/11/16

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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T RON & T RON

1297 FLYNN RD. #210
C A MA RILLO , CA
[phone]

hearing; reply filed 7 days before hearing.
9/17/15

3/17/16

Mandatory Settlement Conference

8/27/15

2/26/16

Last day to designate experts.

11/12/15

5/12/16

Last day to file joint pretrial conference statement.
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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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11/19/15

5/19/16

Final pretrial conference.

01/25/16

7/25/16

Trial.

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WHEREAS, the parties agree that the requested modifications to the Pre-Trial Scheduling
Order are for good cause and the modifications are in the interests of justice;
IT IS HEREBY STIPULATED:

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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.

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Dated: July 2, 2015

TRON & TRON

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By

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

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Dated: July 2, 2015

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KAMALA D. HARRIS
ATTORNEY GENERAL OF CALIFORNIA
SUSAN E. SLAGER
SUPERVISING DEPUTY ATTORNEY GENERAL
ATTORNEYS FOR DEFENDANTS

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T RON & T RON

1297 FLYNN RD. #210
C A MA RILLO , CA
[phone]

____/s/_________________
WILLIAM H. DOWNER
DEPUTY ATTORNEY GENERAL
Attorneys for 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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ORDER
The Court having reviewed the foregoing Stipulation, and good cause appearing,
therefore ORDERS that the current trial date and pre-trial deadlines, including the date upon
which dispositive motions in this case could be last filed, are hereby VACATED. The Court
will issue a new trial date and pre-trial deadlines subsequent to ruling on the pending Motion to
Dismiss and Motion to Strike (ECF Nos. 61 & 63).

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Dated: July 6, 2015

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Troy L. Nunley
United States District Judge

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T RON & T RON

1297 FLYNN RD. #210
C A MA RILLO , CA
[phone]

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JOINT STIPULATION TO FURTHER MODIFICATION OF
SCHEDULING ORDER; ORDER

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