Simpson v. Gooch

Filing 18

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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1 2 3 4 5 6 7 8 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 9 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 13 14 MIYA SIMPSON, 15 16 v. Case No. 2:13-cv-1483-JAM-AC Plaintiff, AMENDED STIPULATION TO MODIFY THE CASE SCHEDULING ORDER AND ORDER 17 18 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., 19 Defendants. 20 21 TO THE HONORABLE COURT: 22 The parties hereby stipulate to modifying the case scheduling order to allow additional time 23 to take the deposition of Plaintiff Miya Simpson and Defendant Officer Gooch. The parties 24 request that all pending dates be vacated and reset as follows: 25 1. Discovery Cutoff: February 27, 2015; 26 2. Dispositive Motion Filing: March 25, 2015; 27 3. Dispositive Motion Hearing: April 22, 2015, at 9:30 a.m.: 28 4. Joint Pretrial Statement Due: May 29, 2015; 1 Amended Stipulation To Modify Case Scheduling Order (2:13-cv-1483-JAM-AC) 1 5. Pretrial Conference: June 5, 2015 at 11:00 a.m, and; 2 6. Jury Trial: July 13, 2015 at 9:00 a.m. 3 The parties believe that good cause exists to modify the scheduling order because, as 4 reported by the parties in their mid-ligation statements, counsel for Plaintiff had lost contact with 5 Ms. Simpson and was unable to arrange for the deposition prior to the November 28, 2014, 6 discovery cut-off. After meeting and conferring, defense counsel had to unilaterally schedule the 7 deposition for November 21, 2014, because Ms. Simpson had not responded to any of her 8 counsel’s attempts to contact her. Predictably, Ms. Simpson did not appear for the deposition. 9 On Monday, November 23, 2014, just prior to the Thanksgiving holidays, Plaintiff re- 10 established contact with her counsel. Counsel offered to make Ms. Simpson available for her 11 deposition. However, with the cut-off set for the Friday after Thanksgiving, there was no time to 12 schedule and complete the deposition, as well as any potential motions to compel, prior to the cut- 13 off. Plaintiff has agreed to be deposed in accordance with the proposed modified schedule. 14 15 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. 16 The parties have not previously requested any modifications or continuances. The interests 17 of judicial economy favor allowing the parties to complete the depositions in order to streamline 18 the evidence that will be presented at trial. Also, after the depositions are completed, the parties 19 may be able to avoid a trial altogether through dispositive motions or settlement. 20 For these reasons, the parties respectfully request that the case scheduling order be modified 21 as set forth above to allow the parties to complete discovery and present dispositive motions, if 22 appropriate. 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 2 Amended Stipulation To Modify Case Scheduling Order (2:13-cv-1483-JAM-AC) 1 IT IS SO STIPULATED. 2 3 Dated: January 15, 2015 Respectfully submitted, 4 LAW OFFICES OF JOHNNY L. GRIFFIN, III 5 /s/ Manolo Olaso 6 JOHNNY L. GRIFFEN, III MANOLO OLASO Attorneys for Plaintiff 7 8 9 Dated: January 15, 2015 Respectfully submitted, 11 KAMALA D. HARRIS Attorney General of California PETER A. MESHOT Supervising Deputy Attorney General 12 /s/ Kevin W. Reager 13 KEVIN W. REAGER Deputy Attorney General Attorneys for Defendant Gooch 10 14 15 16 IT IS SO ORDERED. The case scheduling order is modified as follows: 17 1. Discovery Cutoff: February 27, 2015; 18 2. Dispositive Motion Filing: March 25, 2015; 19 3. Dispositive Motion Hearing: April 22, 2015, at 9:30 a.m.; 20 4. Joint Pretrial Statement Due: May 29, 2015; 21 5. Pretrial Conference: June 5, 2015 at 11:00 a.m., and; 22 6. Jury Trial: July 13, 2015 at 9:00 a.m. 23 No other modifications will be permitted absent a showing of manifest injustice. 24 25 26 Dated: 1/15/2015 /s/ John A. Mendez_______________________ HON. JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE 27 28 3 Amended Stipulation To Modify Case Scheduling Order (2:13-cv-1483-JAM-AC)

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