Cordero v. Guzman et al

Filing 135

STIPULATION and ORDER signed by District Judge John A. Mendez on 12/27/16 ORDERING that Trial will commence 7/24/2017 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez; the Pretrial Conference will take place 6/23/2017 at 10:00 A M in Courtroom 6 (JAM) before District Judge John A. Mendez with the joint pretrial statement due 7 days before the hearing; expert discovery shall be completed by 06/02/17. The remaining deadlines set out in the Court's (#133) 12/20/16 minute order shall remain in full force and effect. (Benson, A)

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KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
CHRISTOPHER J. BECKER, State Bar No. 230529
Supervising Deputy Attorney General
DIANA ESQUIVEL, State Bar No. 202954
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Defendant Guzman

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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RANDY M. CORDERO,

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v.
NICK GUZMAN, et al.,

No. 2:13-cv-01551 JAM-KJN
Plaintiff, STIPULATED REQUEST TO
CONTINUE TRIAL DATE AND
PRETRIAL-CONFERENCE DEADLINES
AND ORDER
Trial Date:
June 26, 2017
Defendants. Action Filed: July 16, 2013

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Under Federal Rules of Civil Procedure 16(b)(4) and Local Rule 143, the parties, through

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their respective counsel of record, agree to and request a continuance of the pretrial-conference

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related deadlines and the June 26, 2017 trial date. Good cause exists to grant this stipulated

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request because the parties’ attorneys will not be available on the current deadlines.

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A scheduling order may be modified only upon a showing of good cause and by leave of

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Court. Fed. R. Civ. P. 16(b)(4); see, e.g., Johnson v. Mammoth Recreations, Inc., 975 F.2d 604,

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609 (describing the factors a court should consider in ruling on such a motion). In considering

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whether a party moving for a schedule modification has good cause, the Court primarily focuses

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on the diligence of the party seeking the modification. Johnson, 975 F.2d at 609 (citing Fed. R.
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Stipulation to Continue Trial and Pretrial-Conference Deadlines and Proposed Order (2:13-cv-1551 JAM-KJN)

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Civ. P. 16 advisory committee’s notes of 1983 amendment). “The district court may modify the

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pretrial schedule ‘if it cannot reasonably be met despite the diligence of the party seeking the

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amendment.’” Id. (quoting Fed. R. Civ. P. 16 advisory committee notes of 1983 amendment).

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The Court may also consider the prejudice to the party opposing the modification. Id.

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Good cause exists to grant this stipulated request because the parties’ attorneys have a

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conflict with the current pretrial-conference-hearing and trial dates. On December 20, 2016, the

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Court issued a Minute Order setting trial for June 26, 2017. (ECF No. 133.) The Court also set

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the Pretrial Conference hearing for May 26, 2017. Defense counsel is already scheduled to start

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trial on June 26, 2017 in Barron v. Martel (E.D. Cal. No. 2:10-cv-1567 MCE-DB) before Judge

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England. Trial in Barron was set on December 2, 2016. (See Barron Dkt. ECF No. 123.)

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Further, counsel for Plaintiff, Kala Sherman-Presser, is scheduled to be out of the country during

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the week of May 26, 2017. Ms. Sherman-Presser is the lead attorney, and her presence and

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participation at the Pretrial Conference is essential.

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Defense counsel immediately informed Plaintiff’s attorneys of her conflict with the current

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trial date, and contacted the Court’s Courtroom Deputy to inquire of other available dates for trial.

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The parties were informed that the Court is available on July 24, 2017, and have agreed to this

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date. Accordingly, the parties respectfully request that trial be continued to July 24, 2017.1

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The parties further request that the Pretrial Conference hearing be continued to June 21,

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2017, or any other date around this time that is convenient to the Court, and that the Joint Pretrial

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Statement be due seven days before the Pretrial Conference hearing. The parties agree that all

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The parties were informed that the Court is also available for trial on July 17 and August
7, 2017. If the July 24, 2017 date is no longer available, the parties are agreeable to trial on July
17 or August 7, 2017 (in order of preference).
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Stipulation to Continue Trial and Pretrial-Conference Deadlines and Proposed Order (2:13-cv-1551 JAM-KJN)

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other deadlines set in the Court’s December 20, 2016 Minute Order (ECF No. 133) remain the

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same. Although not set out in the Minute Order, the parties have agreed to complete expert

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discovery by no later than June 2, 2017.

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IT IS SO STIPULATED.
Dated: December 27, 2016

Respectfully submitted,

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KAMALA D. HARRIS
Attorney General of California
CHRISTOPHER J. BECKER
Supervising Deputy Attorney General

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/s/ Diana Esquivel

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DIANA ESQUIVEL
Deputy Attorney General
Attorneys for Defendant

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Dated: December 27, 2016

LATHAM & WATKINS LLP

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/s/ Kala Sherman-Presser

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KALA SHERMAN-PRESSER
Attorneys for Plaintiff

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SA2013310859
32693848.doc

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Stipulation to Continue Trial and Pretrial-Conference Deadlines and Proposed Order (2:13-cv-1551 JAM-KJN)

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ORDER

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Good cause appearing, the parties’ stipulated request to continue the trial and pretrial-

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conference hearing is GRANTED.
Trial will commence on July 24, 2017 at 9:00 a.m. The Pretrial Conference will take place
on June 23, 2017 at 10 a.m., with the joint pretrial statement due seven days before the hearing.

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The parties shall complete expert discovery by no later than June 2, 2017.

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The remaining deadlines set out in the Court’s December 20, 2016 Minute Order (ECF No.

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133) shall remain in full force and effect.
IT IS SO ORDERED.

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Date: 12/27/2016
John
United

/s/

John A. Mendez_____________
A. Mendez
States District Court Judge

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Stipulation to Continue Trial and Pretrial-Conference Deadlines and Proposed Order (2:13-cv-1551 JAM-KJN)