Simpson v. Gooch
Filing
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STIPULATION AND ORDER signed by Judge John A. Mendez on January 15, 2015. The case scheduling order is modified as follows: Discovery deadline set for 2/27/2015; Dispositive Motion filing deadline set for 03/25/2015; Dispositive Motions Hearing set f or 04/22/2015, at 9:30 AM; Joint Pretrial Statement due by 05/29/2015; Final Pretrial Conference set for 6/5/2015 at 11:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. Jury Trial set for 7/13/2015 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Rivas, A)
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KAMALA D. HARRIS
Attorney General of California
PETER A. MESHOT
Supervising Deputy Attorney General
KEVIN W. REAGER
Deputy Attorney General
State Bar No. 178478
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: (916) 324-5331
Fax: (916) 322-8288
E-mail: Kevin.Reager@doj.ca.gov
Attorneys for Defendant California Highway Patrol
Officer Craig Gooch
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EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO DIVISION
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MIYA SIMPSON,
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v.
Case No. 2:13-cv-1483-JAM-AC
Plaintiff, AMENDED STIPULATION TO MODIFY
THE CASE SCHEDULING ORDER AND
ORDER
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Judge:
The Honorable John A. Mendez
Trial Date: May 4, 2015
Action Filed: July 23, 2013
OFFICER GOOCH (Badge 12931); and
DOES 1 through 40, et al.,
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Defendants.
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TO THE HONORABLE COURT:
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The parties hereby stipulate to modifying the case scheduling order to allow additional time
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to take the deposition of Plaintiff Miya Simpson and Defendant Officer Gooch. The parties
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request that all pending dates be vacated and reset as follows:
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1.
Discovery Cutoff: February 27, 2015;
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2.
Dispositive Motion Filing: March 25, 2015;
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3.
Dispositive Motion Hearing: April 22, 2015, at 9:30 a.m.:
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4.
Joint Pretrial Statement Due: May 29, 2015;
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Amended Stipulation To Modify Case Scheduling Order (2:13-cv-1483-JAM-AC)
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5.
Pretrial Conference: June 5, 2015 at 11:00 a.m, and;
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Jury Trial: July 13, 2015 at 9:00 a.m.
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The parties believe that good cause exists to modify the scheduling order because, as
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reported by the parties in their mid-ligation statements, counsel for Plaintiff had lost contact with
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Ms. Simpson and was unable to arrange for the deposition prior to the November 28, 2014,
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discovery cut-off. After meeting and conferring, defense counsel had to unilaterally schedule the
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deposition for November 21, 2014, because Ms. Simpson had not responded to any of her
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counsel’s attempts to contact her. Predictably, Ms. Simpson did not appear for the deposition.
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On Monday, November 23, 2014, just prior to the Thanksgiving holidays, Plaintiff re-
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established contact with her counsel. Counsel offered to make Ms. Simpson available for her
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deposition. However, with the cut-off set for the Friday after Thanksgiving, there was no time to
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schedule and complete the deposition, as well as any potential motions to compel, prior to the cut-
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off. Plaintiff has agreed to be deposed in accordance with the proposed modified schedule.
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Defense counsel has likewise agreed to make Defendant available for deposition, so that
all of the evidence will then be available to the parties for use in dispositive motions.
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The parties have not previously requested any modifications or continuances. The interests
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of judicial economy favor allowing the parties to complete the depositions in order to streamline
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the evidence that will be presented at trial. Also, after the depositions are completed, the parties
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may be able to avoid a trial altogether through dispositive motions or settlement.
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For these reasons, the parties respectfully request that the case scheduling order be modified
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as set forth above to allow the parties to complete discovery and present dispositive motions, if
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appropriate.
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Amended Stipulation To Modify Case Scheduling Order (2:13-cv-1483-JAM-AC)
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IT IS SO STIPULATED.
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Dated: January 15, 2015
Respectfully submitted,
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LAW OFFICES OF JOHNNY L. GRIFFIN,
III
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/s/ Manolo Olaso
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JOHNNY L. GRIFFEN, III
MANOLO OLASO
Attorneys for Plaintiff
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Dated: January 15, 2015
Respectfully submitted,
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KAMALA D. HARRIS
Attorney General of California
PETER A. MESHOT
Supervising Deputy Attorney General
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/s/ Kevin W. Reager
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KEVIN W. REAGER
Deputy Attorney General
Attorneys for Defendant Gooch
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IT IS SO ORDERED. The case scheduling order is modified as follows:
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1.
Discovery Cutoff: February 27, 2015;
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2.
Dispositive Motion Filing: March 25, 2015;
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3.
Dispositive Motion Hearing: April 22, 2015, at 9:30 a.m.;
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4.
Joint Pretrial Statement Due: May 29, 2015;
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5.
Pretrial Conference: June 5, 2015 at 11:00 a.m., and;
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Jury Trial: July 13, 2015 at 9:00 a.m.
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No other modifications will be permitted absent a showing of manifest injustice.
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Dated: 1/15/2015
/s/ John A. Mendez_______________________
HON. JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE
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Amended Stipulation To Modify Case Scheduling Order (2:13-cv-1483-JAM-AC)
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