Hass v. County of Sacramento, et al.

Filing 35

STIPULATION AND ORDER signed by Judge John A. Mendez on 7/22/2014 ORDERING 34 Expert Disclosure by 7/10/2015, Rebuttal Expert Disclosure by 8/14/2015; Discovery due by 10/14/2015; Dispositive Motions filed by 11/18/2015, hearing on dispositive moti ons shall be on 12/16/2015 at 9:30 AM; Joint Pretrial Statement due by 2/5/2016; Pretrial Conference set for 2/12/2016 at 10:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez; Trial set for 3/28/2016 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Reader, L)

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A PROFESSIONAL CORPORATION
Michael W. Pott, SBN 186156
350 University Ave., Suite 200
Sacramento, California 95825
TEL: [phone]
FAX: [phone]
[e-mail]

Attorney for Defendant
COUNTY OF SACRAMENTO (erroneously
DEPARTMENT OF SUPPORT SERVICES)

sued

as

SACRAMENTO

COUNTY

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PORTER | SCOTT

350 University Ave., Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

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Loretta Hazel Hellen, SBN 83604
3105 First Avenue
Sacramento, CA 95817
TEL: [phone]
[e-mail]

Attorney for Plaintiff
JAMES D. HASS
UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF CALIFORNIA

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JAMES D. HASS,

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Plaintiff,

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v.
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CASE NO. 2:13-CV-01746-JAM-KJN

SACRAMENTO
COUNTY
DEPARTMENT OF SUPPORT SERVICES,
SACRAMENTO
COUNTY
SHERIFF
SCOTT JONES ATTORNEY SEAN
GJERDE, AND DOES 1 through X,
inclusive,
Defendants
___________________________________/

PLAINTIFF JAMES D. HASS AND
DEFENDANT
COUNTY
OF
SACRAMENTO’S STIPULATION AND
REQUEST TO MODIFY THE STATUS
(PRE-TRIAL-SCHEDULING ORDER)

Complaint Filed: March 7, 2012

Plaintiff JAMES HASS and Defendant COUNTY OF SACRAMENTO (erroneously sued
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as SACRAMENTO COUNTY DEPARTMENT OF SUPPORT SERVICES) hereby respectfully
request the Court modify the Status (Pre-trial Scheduling) Order for the reasons set forth below.
Defendants removed the case to this Court on August 22, 2013. Since the removal was
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PLAINTIFF JAMES D. HASS AND DEFENDANT COUNTY OF SACRAMENTO’S STIPULATION AND
REQUEST TO MODIFY THE STATUS (PRE-TRIAL-SCHEDULING ORDER)

{01288681.DOCX}

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PORTER | SCOTT

350 University Ave., Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

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filed, Defendant COUNTY OF SACRAMENTO has filed Motions to Dismiss the initial
Complaint, the First Amended Complaint, and, now, the Second Amended Complaint.
Defendant COUNTY’s first two motions were granted with leave to amend. The hearing on
Defendant’s Motion To Dismiss the Second Amended Complaint is set for August 20, 2014. If
Defendant COUNTY’s motion is successful and the Court does not grant leave to amend, then
the case will be concluded as it pertains to Defendant COUNTY.
Because of the above and the fact the pleadings are not yet in order, the parties have not
yet engaged in any discovery so as to avoid incurring needless time and expense conducting
discovery on claims that cannot survive a motion to dismiss. Since expert disclosures are due in
this case on August 15, 2014, discovery is set to close on October 15, 2014, and it is unlikely the
parties will have a resolution of the currently pending Motion to Dismiss prior to September
2014, the parties stipulate to modify the present scheduling order and respectfully request that the
scheduling order be modified as follows:
Expert Disclosure:

July 10, 2015

Rebuttal Expert Disclosure:

August 14, 2015

Discovery Cutoff:

October 14, 2015

Last Day to File Dispositive Motions:

November 18, 2015

Hearing on dispositive motions:

December 16, 2015 at 9:30 a.m.

Joint pretrial statement due:

February 5, 2016

Pre-Trial Conference:

February 12, 2016 at 10:00 a.m.

Trial:

March 28, 2016 at 9:00 a.m.

IT IS SO STIPULATED:
Dated: July 22, 2014

A PROFESSIONAL CORPORATION

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By /s/ Michael W. Pott
Michael W. Pott
Attorney for Defendant
COUNTY OF SACRAMENTO

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PORTER SCOTT

Dated: July 22, 2014

LORETTA HAZEL HELLEN

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PLAINTIFF JAMES D. HASS AND DEFENDANT COUNTY OF SACRAMENTO’S STIPULATION AND
REQUEST TO MODIFY THE STATUS (PRE-TRIAL-SCHEDULING ORDER)

{01288681.DOCX}

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By /s/ Loretta H. Hellen__(Approved on 7/18/14)_
Loretta H. Hellen, Attorney for Plaintiff
JAMES D. HASS

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ORDER

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Based on the Stipulation of the parties, the current scheduling order is modified as set forth

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above.
IT IS SO ORDERED:

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Dated: July 22, 2014

/s/ John A. Mendez______________
U. S. District Court Judge

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PORTER | SCOTT

350 University Ave., Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

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PLAINTIFF JAMES D. HASS AND DEFENDANT COUNTY OF SACRAMENTO’S STIPULATION AND
REQUEST TO MODIFY THE STATUS (PRE-TRIAL-SCHEDULING ORDER)

{01288681.DOCX}