Jewett v. California Forensic Medical Group et al

Filing 110

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 05/25/17 ordering The present discovery cut-off and deadlines for filing of dispositive motions contained in the February 3, 2017 Order are vacated. Fact discovery shall be completed by March 30, 2018. Motions to compel must be heard not later than March 16, 2018. Initial expert disclosures shall be made on or before April 30, 2018; rebuttal expert disclosures shall be made on or before May 18, 2018. All pretrial motions, excep t motions to compel discovery, shall be completed on or before June 30, 2018. The parties are ordered to file a Joint Notice of Trial Readiness not later than thirty days after receiving the Courts ruling(s) on the last filed dispositive motion(s). I f the parties do not intend to file dispositive motions, the parties are ordered to file a Joint Notice of Trial Readiness not later than thirty days after the close of discovery and the notice must include statements of intent to forgo the filing of dispositive motions. After review of the parties Joint Notice of Trial Readiness, the Court will issue an order that sets forth dates for a final pretrial conference and trial. (Plummer, M) Modified on 5/25/2017 (Plummer, M).

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KEKER, VAN NEST & PETERS LLP
STEVEN P. RAGLAND - # 221076
[e-mail]
AJAY S. KRISHNAN - # 222476
[e-mail]
TAYLOR GOOCH - # 294282
[e-mail]
633 Battery Street
San Francisco, CA 94111-1809
Telephone:
415 391 5400

LAW OFFICES OF JEROME VARANINI
JEROME MARTIN VARANINI - #58531
[e-mail]
641 Fulton Avenue, Suite 200
Sacramento, CA 95825
Telephone: [phone]

ATABEK & ASSOCIATES, P.C.
JON A. ATABEK, ESQ. - # 269497
[e-mail]
300 Spectrum Center Dr., Ste.400
Irvine, CA 92618
Telephone:
213 394 5943

BRICKWOOD LAW OFFICE
Gary Charles Brickwood
[e-mail]
1135 Pine Street, Suite 210
Redding, CA 96001
Telephone: [phone]

DISABILITY RIGHTS LEGAL CENTER
MARONEL BARAJAS - #242044
[e-mail]
ANNA RIVERA - # 239601
[e-mail]
350 S. Grand Avenue, Suite 1520
Los Angeles, CA 90071
Telephone:
213 736 1031

Attorney for Defendants SHASTA
COUNTY SHERIFF’S DEPARTMENT,
TOM BOSENKO, in his official capacity,
and SHASTA COUNTY

Attorney for Defendant
CALIFORNIA FORENSIC MEDICAL
GROUP, INC.

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Attorneys for Plaintiffs
EVERETT JEWETT, LEGAL SERVICES
FOR PRISONERS WITH CHILDREN, GLEN
HAROLD EVERETT, MICHAEL DONALD
ACKLEY, HAROLD ROBERT MARQUETTE
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
EVERETT JEWETT, LEGAL SERVICES
FOR PRISONERS WITH CHILDREN,
GLEN HAROLD EVERETT, MICHAEL
DONALD ACKLEY, HAROLD
ROBERT MARQUETTE, on behalf of
themselves and all others similarly
situated,
Plaintiffs,
v.
SHASTA COUNTY SHERIFF’S
DEPARTMENT, a public entity; TOM
BOSENKO, as Sheriff of the Shasta
County; SHASTA COUNTY, a public
entity; and CALIFORNIA FORENSIC
MEDICAL GROUP, INC. a private entity;
and DOES 1 through 25, in their
individual capacities,
Defendants.

Case No. 2:13-cv-0882 MCE AC (PC)
JOINT STIPULATION AND [PROPOSED]
ORDER EXTENDING CASE DEADLINES
Judge:

Hon. Allison Claire

Date Filed: May 6, 2013
Trial Date: None Set

JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING CASE DEADLINES
Case No. 2:13-cv-0882 MCE AC (PC)
1166757

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The parties, through their attorneys of record, stipulate and jointly request that the Court

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vacate the current case schedule and reset all dates for six months from the current dates for the

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following reasons:

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1. The parties have previously filed, and been granted, three requests for an extension of

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discovery cut-off and dispositive motion deadline. The parties’ prior requests for an

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extension of the discovery cut-off were granted on March 4, 2015, August 28, 2015,

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March 16, 2016, and February 3, 2017. Since the Court’s February 3, 2017 order, the

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parties have engaged in written discovery and attended a settlement conference.

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2. The parties are currently engaged in settlement negotiations and need additional time
for these negotiations.

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3. The parties hereby stipulate and jointly request the Court vacate the present discovery

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cut-off and deadlines for filing of dispositive motions contained in the February 3,

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2017 Order.

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4. The parties hereby stipulate and jointly request the Court set the following scheduling
order:
a. Fact discovery shall be completed by March 30, 2018. Motions to compel
must be heard not later than March 16, 2018.
b. Initial expert disclosures shall be made on or before April 30, 2018; rebuttal
expert disclosures shall be made on or before May 18, 2018.
c. All pretrial motions, except motions to compel discovery, shall be completed
on or before June 30, 2018.
d. The parties are ordered to file a Joint Notice of Trial Readiness not later than

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thirty (30) days after receiving the Court’s ruling(s) on the last filed dispositive

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motion(s). If the parties do not intend to file dispositive motions, the parties

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are ordered to file a Joint Notice of Trial Readiness not later than thirty (30)

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days after the close of discovery and the notice must include statements of

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intent to forgo the filing of dispositive motions. After review of the parties’

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Joint Notice of Trial Readiness, the Court will issue an order that sets forth
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JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING CASE DEADLINES
Case No. 2:13-cv-0882 MCE AC (PC)

1166757

1

dates for a final pretrial conference and trial.

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e. Failure to comply with the terms of this order may result in the imposition of

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monetary and all other sanctions within the power of the court, including

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dismissal or an order of judgment.

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5. The parties submit concurrently with this stipulation a proposed order for
consideration by the Court.

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Dated: May 24, 2017

Dated: May 24, 2017

KEKER, VAN NEST & PETERS LLP

LAW OFFICES OF JEROME M. VARANINI

By: s/Taylor Gooch__________________
TAYLOR GOOCH

By: s/Jerome Martin Varanini (as authorized
on May 24, 2017)
JEROME MARTIN VARANINI
[e-mail]
641 Fulton Avenue, Suite 200
Sacramento, CA 95825

STEVEN P. RAGLAND - # 221076
[e-mail]
AJAY S. KRISHNAN - # 222476
[e-mail]
TAYLOR GOOCH - # 294282
[e-mail]
633 Battery Street
San Francisco, CA 94111-1809
Telephone:
415 391 5400

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JON A. ATABEK, ESQ. - # 269497
ATABEK & ASSOCIATES, P.C.
[e-mail]
300 Spectrum Center Dr., Ste.400
Irvine, CA 92618
Telephone:
213 394 5943

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MARONEL BARAJAS - #242044
[e-mail]
ANNA RIVERA - # 239601
DISABILITY RIGHTS LEGAL CENTER
[e-mail]
350 S. Grand Avenue, Suite 1520
Los Angeles, CA 90071
Telephone:
213 736 1031

Attorney for Defendant
CALIFORNIA FORENSIC MEDICAL
GROUP, INC.
Dated: May 24, 2017
BRICKWOOD LAW OFFICE
By: s/Gary Charles Brickwood (as authorized
on May 24, 2017)
GARY CHARLES BRICKWOOD
[e-mail]
1135 Pine Street, Suite 210
Redding, CA 96001
Telephone: [phone]
Attorney for Defendants SHASTA COUNTY
SHERIFF’S DEPARTMENT, TOM
BOSENKO, AND SHASTA COUNTY

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Attorneys for Plaintiffs
EVERETT JEWETT, LEGAL SERVICES
FOR PRISONERS WITH CHILDREN, GLEN
HAROLD EVERETT, MICHAEL DONALD
ACKLEY, HAROLD ROBERT
MARQUETTE
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JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING CASE DEADLINES
Case No. 2:13-cv-0882 MCE AC (PC)

1166757

1

[Proposed] ORDER

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On May 24, 2017 the parties, through their attorneys of record, filed a Joint Stipulation

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and proposed Order Extending Case Deadlines. Good cause appearing, the motion is granted.

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Accordingly, IT IS HEREBY ORDERED:

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1. The present discovery cut-off and deadlines for filing of dispositive motions contained

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in the February 3, 2017 Order are vacated.
2. Fact discovery shall be completed by March 30, 2018. Motions to compel must be
heard not later than March 16, 2018.
3. Initial expert disclosures shall be made on or before April 30, 2018; rebuttal expert
disclosures shall be made on or before May 18, 2018.
4. All pretrial motions, except motions to compel discovery, shall be completed on or
before June 30, 2018.
5. The parties are ordered to file a Joint Notice of Trial Readiness not later than thirty

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(30) days after receiving the Court’s ruling(s) on the last filed dispositive motion(s). If

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the parties do not intend to file dispositive motions, the parties are ordered to file a

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Joint Notice of Trial Readiness not later than thirty (30) days after the close of

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discovery and the notice must include statements of intent to forgo the filing of

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dispositive motions. After review of the parties’ Joint Notice of Trial Readiness, the

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Court will issue an order that sets forth dates for a final pretrial conference and trial.

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6. Failure to comply with the terms of this order may result in the imposition of monetary

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and all other sanctions within the power of the court, including dismissal or an order

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of judgment.

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IT IS SO ORDERED.

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DATED: May 25, 2017

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JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING CASE DEADLINES
Case No. 2:13-cv-0882 MCE AC (PC)
1166757