Kozacenko v. State of California

Filing 61

STIPULATION AND ORDER signed by Chief Judge Morrison C. England, Jr. on 9/3/2014 VACATING the existing scheduling order and all dates included therein; INFORMING the parties that an amended scheduling order will follow. (Michel, G)

1
2
3
4
5
6
7
8
9
10
11
12

KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
ALBERTO L. GONZÁLEZ, State Bar No. 117605
Supervising Deputy Attorney General
NELI N. PALMA, State Bar No. 203374
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 California Highway Patrol Officer Andrew Murrill and California
Highway Patrol Officer J. Sherman California Highway Patrol Sergeant Kevin Pierce;
California Highway Patrol Lieutenant John Arrabit; California Patrol Assistant Chief
Kenneth Hill; and California Highway Patrol Commander Chief Stephen Lerwill
LAW OFFICE OF STEWART KATZ
STEWART KATZ, State Bar #127425
555 University Avenue, Suite 270
Sacramento, CA 95825
Telephone: [phone]
Attorney for Plaintiff

13

IN THE UNITED STATES DISTRICT COURT

14

FOR THE EASTERN DISTRICT OF CALIFORNIA

15
16

OLEGS KOZACENKO,

17
18

v.

2:12-CV-2196 MCE DAD
Plaintiff, SECOND STIPULATION AND ORDER
MODIFYING PRETRIAL SCHEDULING
ORDER

19
20
21
22
23
24
25

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 Patrol
Assistant Chief KENNETH HILL; and
California Highway Patrol Commander
Chief STEPHEN LERWILL,
Defendants.

26
27
28

1
Second Stipulation and Order Modifying Pretrial Scheduling Order
(2:12-CV-2196 MCE DAD)

1

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

2

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

3

and/or amendments to this Court’s Stipulation and Order Modifying Pretrial Scheduling Order of

4

February 17, 2014 (Doc. 43) regarding the scheduling of this case for good cause:

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22

•

That the non-expert discovery cut-off date currently set for September 10, 2014, be

moved to January 9, 2015.
•

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

moved to March 10, 2015.
•

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

July 10, 2015.
• That the Final Joint Pretrial Conference Statement currently due April 29, 2015, be
moved to August 10, 2015.
•

That the Final Pretrial Conference currently set for May 21, 2015 at 2:00 p.m. be moved

to September 3, 2015.
•

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

August 12, 2015.
•

That the deadline to file any evidentiary or procedural motions, currently set for

April 29, 2015, be moved to August 10, 2015.
•

That the deadline to file an opposition to any evidentiary or procedural motion,

currently set for May 7, 2015, be moved to August 17, 2015.
•

That the deadline to file a reply to an opposition to any evidentiary or procedural

motion, currently set for May 14, 2015, be moved to August 24, 2015.

23

•

That the Trial currently set for July 6, 2015 at 9 a.m., be moved to October 12, 2015.

24

This calendaring modification is requested due in part to the change in Deputy Attorneys

25

General assigned to this matter due to the retirement of Deputy Attorney General Jill Scally. The

26

prior modification agreed to by Deputy Attorney General Scally does not allow for new and

27

unforeseen demands of the litigation. New counsel has been diligently reviewing the litigation

28

files and discovered, for example, that requested medical records from several medical providers
2
Second Stipulation and Order Modifying Pretrial Scheduling Order
(2:12-CV-2196 MCE DAD)

1

have not been produced. Mr. Kozacenko alleges severe medical and mental injuries that require

2

an assessment of all available medical and mental records. Plaintiff’s medical care and treatment,

3

moreover, is ongoing among several medical treatment providers. Defendants are also retaining

4

the requisite experts to conduct medical and neuro-psychological examination and testing. Their

5

examinations will be delayed until available medical and mental records are obtained. Plaintiff’s

6

counsel has diligently sought to comply with discovery and requests for signed authorizations but

7

the language and other barriers with plaintiff have delayed obtaining the authorizations and

8

completion of outstanding discovery. Deposition discovery of witnesses is continuing and

9

extensive expert discovery is expected. It is now evident the prior modification was overly

10

optimistic. This calendaring modification is also requested to allow the parties to complete

11

discovery, narrow the issues, and prepare the case for a time-efficient trial should a resolution not

12

be reached.

13

IT IS SO STIPULATED.

14

Dated: August 15, 2014

15
16

KAMALA D. HARRIS
Attorney General of California
ALBERTO L. GONZÁLEZ
Supervising Deputy Attorney General

17
/s/ Neli Palma
NELI PALMA
Deputy Attorney General
Attorneys for Defendants California Highway Patrol
Officer Andrew Murrill; California Highway Patrol
Officer J. Sherman; California Highway Patrol
Sergeant Kevin Pierce; California Highway Patrol
Lieutenant John Arrabit; California Patrol Assistant
Chief Kenneth Hill; and California Highway Patrol
Commander Chief Stephen Lerwill

18
19
20
21
22
23
24
25
26
27
28

Dated: August 14, 2014

LAW OFFICE OF STEWART KATZ
/s/ Stewart Katz
Stewart Katz
Attorney for Plaintiff
3
Second Stipulation and Order Modifying Pretrial Scheduling Order
(2:12-CV-2196 MCE DAD)

1

ORDER

2

Based on the stipulation of the parties and good cause having been shown, the existing

3

scheduling order and all dates included therein is VACATED. An amended scheduling order will

4

follow.

5
6

IT IS SO ORDERED.
Dated: September 3, 2014

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

4
Second Stipulation and Order Modifying Pretrial Scheduling Order
(2:12-CV-2196 MCE DAD)