Gregoire v. County of Sacramento et al

Filing 24

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 4/8/2014 ORDERING that the parties complete all discovery including expert discovery by 10/1/2014, and exchange Expert Witness Reports by 8/1/2014. (Zignago, K.)

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LONGYEAR, O’DEA & LAVRA, LLP
John A. Lavra, CSB No.: 114533
Amanda L. McDermott, CSB No.: 253651
3620 American River Drive, Suite 230
Sacramento, CA 95864
Phone: [phone]
Facsimile: 916-974-8510

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Attorneys for Defendants

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GARY W. GORSKI
Attorney at Law
1207 Front Street, Suite 15
Sacramento, CA 95814
Telephone: [phone]
email: [e-mail]
GARY W. GORSKI - CBN: 166526

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DANIEL M. KARALASH
Attorney at Law
1207 Front Street, Suite 15
Sacramento, CA 95814
Telephone: [phone]
email: [e-mail]
DANIEL M. KARALASH - SBN: 176422

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Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

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DAVID W. GREGOIRE
Plaintiff,
vs.

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COUNTY OF SACRAMENTO,
SHERIFF’S DEPARTMENT; COUNTY
OF SACRAMENTO; SHERIFF SCOTT
JONES, in his official capacity only;
DEPUTY ANTHONY JENKINS in his
individual capacity,
Defendant

) Case No.: 2:13-cv-01857-TLN-DAD
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)
) STIPULATION AND ORDER TO
) MODIFY SCHEDULING ORDER
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Stipulation and Order to Modify Scheduling Order
Page 1

The Plaintiff David Gregoire, by and through his attorney Gary Gorski, and Defendants, by and

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through their attorney, John Lavra stipulate as follows:
The purpose of this stipulation is to request that the court modify the existing scheduling order

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by extending the discovery cutoff and the date for expert disclosures.
This case arises as a result of the plaintiff being bitten by a Sacramento County Sheriff’s canine,

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which was under the control of Defendant Deputy Jenkins. The canine was being used in conjunction

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with a vehicle pursuit and stop, and an arrest of the individual involved in the pursuit. Unfortunately,

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the plaintiff was bitten by the Sheriff’s canine by mistake. Plaintiff has brought state law claims for

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personal injury and federal claims for excessive force under the Fourth Amendment and Monell claims

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against the County, alleging unconstitutional policies surrounding canine use by the Sheriff’s

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Department

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The complaint was filed on September 6, 2013. Answers to the complaint were filed on October

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7, 2013. On November 14, 2013, the parties submitted their joint status report, requesting discovery cut

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off on May 15, 2014 and expert disclosures on June 17, 2014.
On February 17, 2014, Plaintiff filed an Amended Complaint, and Defendants filed Answers to

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the First Amended Complaint on March 3, 2014.
On January 29, 2014, the court issued its scheduling order as follows:

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May 15, 2014- Discovery to be completed

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July 17, 2014- Initial Expert Disclosure

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August 6, 2014- Supplemental Expert Disclosure

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November 20, 2014- Last day for hearing on Dispositive Motions

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February 12, 2015 - Final Pretrial Conference

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April 20, 2015 - Trial

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The parties are actively engaged in discovery. The deposition of the plaintiff is scheduled for
April 24, 2014. The parties are in the process of scheduling the deposition of Defendant Jenkins.
Plaintiff has served Interrogatories, Requests for Production of Documents, and Requests for

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Admissions. The plaintiff’s discovery consists of over two hundred requests. Defendants have also

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served written discovery including Interrogatories, and Requests for Production of Documents.
Stipulation and Order to Modify Scheduling Order
Page 2

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In light of the foregoing, the parties cannot complete discovery on the claims and defenses by

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May 15, 2014. Further, by extending discovery, it will allow the parties to complete discovery initially

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on the individual Fourth Amendment claims, and then, if necessary, on the Monell claims. This may

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result in saving time and expense of the parties, and potentially the court’s time in dealing with

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discovery motions.

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The parties stipulate to modify the scheduling order as follows:

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1. Discovery completion, including expert discovery - October 1, 2014

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2. Expert Disclosure -August 1, 2014

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All other dates shall remain the same.
IT IS SO STIPULATED
Dated: April 8, 2014

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By: /s/ John A. Lavra
JOHN A. LAVRA
AMANDA L. MCDERMOTT
Attorneys for Defendants

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LONGYEAR, O’DEA & LAVRA, LLP

Dated: April 8, 2014

LAW OFFICES OF GARY GORSKI
By: /s/ Gary Gorski
GARY GORSKI
Attorney for Plaintiff

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Stipulation and Order to Modify Scheduling Order
Page 3

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ORDER

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Pursuant to stipulation, it is ordered that the parties complete all discovery including expert

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discovery by October 1, 2014, and exchange Expert Witness Reports by August 1, 2014.

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IT IS SO ORDERED:

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Dated: April 8, 2014

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Troy L. Nunley
United States District Judge

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Stipulation and Order to Modify Scheduling Order
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