Cooke, et al v. City of Stockton, et al

Filing 64

ORDER AMENDING SCHEDULING ORDER TO ALLOW FOR PHASED DISCOVERY signed by District Judge Kimberly J. Mueller on 3/3/17, ORDERING that each party shall take up to five fact discovery depositions. The parties shall exchange liability and causation expe rt witness reports confidentially subject to the mediation privilege by 4/14/2017. The parties shall confer after the confidential exchange of liability and causation by 4/21/2017, regarding whether to engage in further settlement discussions. Fol lowing the meet and confer, the parties shall notify Magistrate Judge Newman if they decide to engage in a further settlement conference, in which case the settlement conference shall be completed by 5/26/2017. Should the case not resolve at a further settlement conference, the Court shall adopt the modifications to its Scheduling Order set forth in section (d) of this Order. (Kastilahn, A)

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JOHN L. BURRIS, Esq., SBN 69888
BEN NISENBAUM, Esq. SBN 222173
LAW OFFICES OF JOHN L. BURRIS
Airport Corporate Center
7677 Oakport Street, Suite 1120
Oakland, California 94621
Telephone: [phone] Facsimile: [phone]
[e-mail]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

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Plaintiffs,
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v.
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CITY OF STOCKTON, a municipal
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corporation; JEREMY EDENS, in his
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individual and official capacity as Police
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Officer for the City of Stockton; KEVIN
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HESS, in his individual and official capacity )
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as Police Officer for the City of Stockton;
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GABRIEL GUERRERO, in his individual
and official capacity as Police Officer for the )
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City of Stockton; JAMES MANOR, in his
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individual and official capacity as Police
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Officer for the City of Stockton; and IRSHAD )
MOHAMMED, in his individual and official )
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capacity as Police Officer for the City of
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Stockton and DOES 1-50, inclusive,
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BREANNA COOKE, individually and as CoSuccessor-in-Interest for Decedent JAMES
COOKE; SAYEE MCCARTHY, individually
and as Co-Successor-in-Interest for Decedent
JAMES COOKE and SHEILA BLAKELYSINCLAIR, Guardian Ad Litem for minor
A.C., individually and as Co-Successor-inInterest

Case No.: 2:14-cv-00908-KJM-KJN
ORDER AMENDING SCHEDULING
ORDER TO ALLOW FOR PHASED
DISCOVERY

Defendants.

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4835-4019-0276.1

ORDER

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Pursuant to the parties’ stipulation, good cause based on the parties’

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good-faith efforts to mitigate costs while conducting phased discovery

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necessary to conduct settlement discussions, the Court hereby grants the parties

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stipulation and orders as follows:

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a. Each party shall take up to five fact discovery depositions;

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b. The parties shall exchange liability and causation expert

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witness reports confidentially subject to the mediation

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privilege by April 14, 2017;

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c. The parties shall confer after the confidential exchange of
liability and causation by April 21, 2017, regarding whether to
engage in further settlement discussions. Following the meet
and confer, the parties shall notify Magistrate Judge Newman
if they decide to engage in a further settlement conference, in
which case the settlement conference shall be completed by
May 26, 2017. Should the case not resolve at a further

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settlement conference, the Court shall adopt the modifications
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to its Scheduling Order set forth in section (d) below.
d. In the event the parties do not agree to a further settlement
conference after conferring, the parties shall notify the Court,
and the Court shall issue the following modification to the its
Scheduling Order:

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1. The parties shall exchange Opening Expert Witness

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Designations and Reports by June 2, 2017;

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2.

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Designations and Reports by July 10, 2017;

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3.

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discovery shall close by July 24, 2017.

The parties shall exchange Rebuttal Expert Witness

Fact discovery shall re-open June 29, 2017, and all

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4835-4019-0276.1

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No other dates in the Court’s Scheduling Order shall

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be affected and all other provisions of that Order remain

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in effect.

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IT IS SO ORDERED.

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Dated: March 3, 2017.

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UNITED STATES DISTRICT JUDGE

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4835-4019-0276.1