Kozacenko v. State of California

Filing 43

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 2/17/14 MODIFYING 13 Scheduling Order. (Meuleman, A)

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LAW OFFICE OF STEWART KATZ
STEWART KATZ, State Bar #127425
555 University Avenue, Suite 270
Sacramento, California 95825
Telephone: [phone]
Attorney for Plaintiff
KAMALA D. HARRIS
Attorney General of California
PETER A. MESHOT
Supervising Deputy Attorney General
JILL SCALLY
Deputy Attorney General
State Bar No. 161513
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Defendants
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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OLEGS KOZACENKO,

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Plaintiff,

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vs.
California Highway Patrol Officer
ANDREW P. MURRILL (Badge #19671),
California Highway Patrol Officer J.
SHERMAN (Badge # 11614) California
Highway Patrol Sergeant KEVIN PIERCE;
California Highway Patrol Lieutenant
JOHN ARRABIT; California Highway
Patrol Assistant Chief KENNETH HILL;
and California Highway Patrol
Commander Chief STEPHEN LERWILL,

CASE NO.: 2:12-CV-02196-MCE-DAD
STIPULATION AND ORDER
MODIFYING PRETRIAL SCHEDULING
ORDER

Defendants.
_________________________________/

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COME NOW THE PARTIES by and through their respective parties and subject to

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the approval of this Court, hereby stipulate and respectfully request the following

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modifications and/or amendments to this Court’s Pretrial Scheduling Order of March 28,

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2013, regarding the scheduling of this case:

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to September 10, 2014.
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That the deadline to file an opposition to any evidentiary or procedural motion,
currently set for December 4, 2014, be moved to May 7, 2015.

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That the deadline to file any evidentiary or procedural motions, currently set for
November 26, 2014, be moved to April 29, 2015.

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That the deadline to file any trial briefs, currently set for December 4, 2014, be
moved to May 7, 2015.

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That the Final Pretrial Conference currently set for December 18, 2014 at 2:00pm be
moved to May 21, 2015.

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That the Joint Pretrial Statement currently due November 26, 2014 be due to April
29, 2015.

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That the Dispositive Motion cut-off date currently set for October 16, 2014 be
moved to March 19, 2015.

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That the expert witness disclosure cut-off date currently set for June 9, 2014 be
moved November 10, 2014.

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That the non-expert discovery cut-off date currently set for April 9, 2014, be moved

That the deadline to file any reply in support of an evidentiary or procedural motion,
currently set for December 11, 2014, be moved to May 14, 2015.

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That the Trial currently set for February 9, 2015 at 9:00am, be moved to July 6,

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2015.

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This calendaring modification is requested to allow the parties to complete

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discovery, narrow the issues and prepare the case for a time-efficient trial should a

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resolution not be reached. The parties have been diligently conducting written discovery,

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including interrogatories and document production requests from the parties, many subpoena

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duces tecums to third parties, and depositions. The discovery process has been unexpectedly

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time consuming and problematic in part due to language and cognitive obstacles, an

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unusually high number of medical treating professionals (many of whose treatment of the

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plaintiff is ongoing and most of whom are in the Northern District), issues regarding Touhy

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compliance, and various discovery disputes which, although not acrimonious, have reached

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loggerheads and which have further slowed the process.

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IT IS SO STIPULATED.

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Dated: February 7, 2014

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LAW OFFICE OF STEWART KATZ
/s/ Stewart Katz
Stewart Katz
Attorney for Plaintiff

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Dated: February 7, 2014

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KAMALA D. HARRIS
Attorney General of California
/s/ Jill Scally
JILL SCALLY
Deputy Attorney General
Attorneys for Defendants

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ORDER
IT IS SO ORDERED.
Dated: February 17, 2014

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