Hammond v. County of Tehama et al

Filing 24

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 05/20/16 ORDERING that the deposition of the 30th DAA's PMQ may be taken after the 06/06/16 discovery cutoff date and prior to the 12/08/16 dispositional motions date. (Benson, A)

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A PROFESSIONAL CORPORATION
Stephen E. Horan, SBN 125241
Hovannes G. Nalbandyan, SBN 300364
350 University Avenue, Suite 200
Sacramento, California 95825
TEL: [phone]
FAX: [phone]

Attorney for Defendant,
30th DISTRICT AGRICULTURAL ASSOCIATION

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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RICHARD HAMMOND ,

CASE NO.: 2:15-CV-0068-TLN-CMK

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Plaintiff,

PORTER | SCOTT

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

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v.

JOINT STIPULATION TO TAKE
DEPOSITION AFTER EXISTING
DISCOVERY CUT-OFF DATE AND
ORDER

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COUNTY OF TEHEMA; 30TH DISTRICT
AGRICULTURAL ASSOCIATION, a state
institution of the State of California and DOES
1-10, inclusive.

Complaint Filed: 1/12/2015

Defendants.
_______________________________________/

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WHEREAS, Defendant 30TH DISTRICT AGRICULTURAL ASSOCIATION (“30TH

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DAA), and Plaintiff RICHARD HAMMOND (“HAMMOND”) by and through their respective

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counsel of record, hereby agree and stipulate as follows:

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1. On or about January 12, 2015, HAMMOND filed his original Complaint.

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2. On or about April 10, 2015, the parties agreed to participate in the Voluntary Dispute

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Resolution Program (“VDRP”). The parties could not reach an agreement.

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3. On October 22, 2015, the parties filed a Joint Scheduling Report.

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4. On December 7, 2015, the Court entered its Pre-Trial Scheduling Order. Since

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December 7, 2015, the parties have engaged in discovery, including the production of
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JOINT STIPULATION TO TAKE DEPOSITION AFTER EXISTING DISCOVERY CUT-OFF DATE

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documents and third-party discovery.

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5. The Court set a trial date for May 8, 2017 and ordered that all discovery be completed

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by June 6, 2016. Paradoxically, the deadline for disclosure of Expert Witnesses is set

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after the discovery cut-off on August 11, 2016, which would prevent conducting

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depositions of said experts after disclosure.

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6. On April 26, 2016, Plaintiff filed a Motion for Leave to Amend Complaint to join an

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additional Defendant, Red Bluff Round-Up Association. The hearing for this Motion is

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scheduled for June 2, 2016 at 2:00 p.m. in Courtroom 2. The 30th DAA’s response to the

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motion is due on May 19, 2016. The 30th DAA does not intend to oppose
HAMMOND’s Motion for Leave.

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PORTER | SCOTT

7. Based on the schedule of the PMQ Deponent and counsel, there is a lack of time to

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

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schedule and complete the PMQ’s deposition prior to the June 6, 2016 discovery cut-off

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date.
8. More, if Plaintiff’s Motion for Leave is granted, Parties anticipate the Court will vacate

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the due dates and hearing dates set in the current Pretrial Scheduling Order.

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9. Permitting the scheduling of the PMQ deposition after the June 16, 2016 discovery cut-

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off date will not affect any remaining dates.
10. Accordingly, the parties wish to schedule and take the deposition of the 30TH DAA’s

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Person Most Qualified deponent after the discovery cut-off date.

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Based on the above, THE 30TH DAA AND HAMMOND HEREBY STIPULATE AND

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AGREE, SUBJECT TO COURT APPROVAL, TO PERMIT THE DEPOSITION OF THE 30th

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DAA’s PMQ BE TAKEN AFTER THE DISCOVERY CUT-OFF, ON OR AFTER JUNE 6, 2016,

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AND PRIOR TO THE DISPOSITIONAL MOTIONS DATE OF DECEMBER 8, 2016.

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IT IS SO STIPULATED AND AGREED.

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JOINT STIPULATION TO TAKE DEPOSITION AFTER EXISTING DISCOVERY CUT-OFF DATE

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Dated: May 18, 2016

PORTER SCOTT
A PROFESSIONAL CORPORATION

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By /s/ Hovannes Nalbandyan
Steven E. Horan
Hovannes G. Nalbandyan
Attorney for Defendant,
30th DISTRICT AGRICULTURAL
ASSOCIATION

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Dated: May 18, 2016

CENTER FOR DISABILITY ACCESS

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By /s/ Amanda Lockhart (Authorized)
Amanda Lockhart
Attorney for Plaintiff,
RICHARD HAMMOND

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PORTER | SCOTT

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

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: May 20, 2016

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Troy L. Nunley
United States District Judge

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JOINT STIPULATION TO TAKE DEPOSITION AFTER EXISTING DISCOVERY CUT-OFF DATE