Reese, Jr. v. County of Sacramento et al

Filing 50

STIPULATION and ORDER signed by Judge John A. Mendez on 4/17/2015 ORDERING that the Pretrial Scheduling Order is modified and expert discovery is EXTENDED from 4/30/2015 to 5/31/2015, for the sole purpose of producing Defense Expert Dr. Jamie Bigelow for deposition. (Zignago, K.)

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A PROFESSIONAL CORPORATION
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John R. Whitefleet, SBN 213301
350 University Avenue, Suite 200
Sacramento, California 95825
TEL: [phone]
FAX: [phone]

Attorneys for Defendants COUNTY OF SACRAMENTO, SCOTT JONES, JOSEPH MILLICAN,
ZACHARY ROSE, and DUNCAN BROWN
LAW OFFICE OF STEWART KATZ
Stewart Katz, SBN # 127425
555 University Avenue, Suite 270
Sacramento, CA 95825
Tel: [phone]

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Attorney for Plaintiff
ROBERT I. REESE, JR.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No.: 2:13-cv-00559-JAM-DAD

ROBERT I. REESE, JR.,

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Plaintiff,

STIPULATION AND ORDER TO EXTEND
EXERT DISCOVERY

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vs.
Order entered on: 05/10/2013

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COUNTY OF SACRAMENTO; Sacramento
County
Sheriff’s
Department
Deputy
DUNCAN
BROWN
(Badge
#1220);
Sacramento County Sheriff’s Department
Deputy ZACHARY ROSE (Badge #832);
Sacramento County Sheriff’s Department
Sergeant JOSEPH MILLICAN (Badge #246);
and Sacramento County Sheriff SCOTT
JONES.

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Defendants.

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/

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STIPULATION AND [PROPOSED] ORDER TO EXTEND EXPERT DISCOVERY
{01394129.DOC}

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IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff ROBERT REESE

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and Defendants COUNTY OF SACRAMENTO, SCOTT JONES, JOSEPH MILLICAN, ZACHARY

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ROSE, and DUNCAN BROWN, by and through their undersigned Counsel, pursuant to Local Rules

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143 as follows:

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1.

The parties respectfully request that the District Court modify the Pretrial Scheduling

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Order to extend expert discovery to allow for additional time to conduct depositions of one of

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Defendants’ expert witnesses, based on good cause appearing as more fully set forth below.

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2.

Plaintiff agrees to extend the expert discovery deadline and allow Defendants up to and

including May 31, 2015, to produce Defense Expert Dr. Jamie Bigelow. The close of discovery
deadline is currently April 30, 2015. This extension shall not apply to any other expert or deadline.
3.

Good cause exists to extend time due to the Court’s recent order dated March 23, 2015,

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to allow 10 additional depositions to go forward (Document 45) as well as the availability and

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scheduling conflicts of experts and counsel. The parties have scheduled 16 depositions in the month of

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April, including Rule 30(b)(6) depositions, and the depositions of non-retained and retained experts.

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Only one of which is now unable to move forward prior to the close of discovery due to conflicts. This

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expert is a practicing physician with a demanding schedule and has two other cases in which she has

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been retained on that are going to trial in the month of April. Thus, accommodating Counsel’s

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schedule, the additional depositions allowed and the experts’ conflicts and availability have made it

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difficult, if not impossible to complete all expert depositions prior to April 30, 2015. The parties submit

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good cause exists to further modify the scheduling order to allow defense expert, Dr. Bigelow, to be

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deposed by May 31, 2015.

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4.

The parties have previously modified discovery and expert disclosure deadlines on three

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prior occasions by Stipulation and Order on March 5, 2014 (Document 18), June 17, 2014 (Document

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20) and January 5, 2015 (Document 31.) The other deadlines including the dates originally set for trial,

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pretrial conference and dispositive hearing, as well as the associated deadlines, was previously

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modified by the Scheduling Order on June 17, 2014 (Document 20.)

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This Stipulation may be signed in counterparts and any facsimile or electronic signature shall be
as valid as an original signature.
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STIPULATION AND [PROPOSED] ORDER TO EXTEND EXPERT DISCOVERY
{01394129.DOC}

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IT IS SO STIPULATED.

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Dated: April 17, 2015

LAW OFFICE OF STEWART KATZ

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By
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/s/ Stewart Katz (as authorized on 4/16/15)
Stewart Katz
Attorney for Plaintiff ROBERT REESE

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Dated: April 17, 2015
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PORTER SCOTT
A PROFESSIONAL CORPORATION

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By

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/s/ John R. Whitefleet
John R. Whitefleet
Taylor W. Rhoan
Attorneys for Defendants COUNTY OF
SACRAMENTO, DEPUTY DUNCAN BROWN,
DEPUTY ZACHARY ROSE, DEPUTY JOSEPH
MILLICAN, and SHERIFF SCOTT JONES

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ORDER

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Having reviewed the above stipulation and good cause appearing therefore, IT IS HEREBY
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ORDERED that the Pretrial Scheduling Order, be modified and expert discovery be extended from
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April 30, 2015 to May 31, 2015, for the sole purpose of producing Defense Expert Dr. Jamie Bigelow
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for deposition.
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IT IS SO ORDERED.

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Dated: 4/17/2015

/s/ John A. Mendez____________
United States District Court Judge

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STIPULATION AND [PROPOSED] ORDER TO EXTEND EXPERT DISCOVERY
{01394129.DOC}