Callison v. City of American Canyon et al

Filing 43

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 2/9/17 ORDERING that Plaintiff may file an amended complaint adding additional defendants by no later than 10/23/2017. All discovery shall be completed by 11/27/2017. Designation of E xpert Witnesses due by 9/25/2017, and expert rebuttal disclosures due by 10/24/2017. All motions to compel discovery must be noticed on the magistrate judge's calendar by 11/27/2017. Dispositive Motions to be filed by 1/26/2018. The Final Pretrial Conference is SET for 4/9/2018 at 01:30 PM, and the Jury Trial is SET for 6/12/2018 at 09:00 AM, both to be heard in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The parties shall comply with the pretrial order 25 for all further details. The Order 39 of Magistrate Judge Deborah Barnes is modified as detailed in this order. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
TIMOTHY M. CALLISON,

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Plaintiff,

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vs.
CITY OF AMERICAN CANYON, CITY OF
VALLEJO, COUNTY OF NAPA, OFFICER
SCHNEIDER, AND
DOES 1 – 100, INCLUSIVE;
Defendants.

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Case No.: 2:15-CV-00116-WBS-DB
JOINT STIPULATION TO ALTER /
VACATE PRETRIAL SCHEDULING
ORDER; MODIFY ORDER COMPELLING
DEPOSITION OF PLAINTIFF AND
[PROPOSED] ORDER
Courtroom: 5 Judge William B. Shubb

ACTION FILED: October 9, 2014
DATE REMOVED: January 15, 2015
TRIAL DATE: August 9, 2016

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IDENTIFICATION OF STIPULATING PARTIES AND THEIR RESPECTIVE COUNSEL
APPEAR OF PAGE 2 OF THIS STIPULATION

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Case No: 2:15-cv-00116 –WBS-DB

STIPULATION TO ALTER PRETRIAL
SCHEDULING ORDER; MODIFICATION OF
ORDER COMPELLING DEPOSITION AND
[PROPOSED] ORDER

Page 1

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James A. Du Charme (SBN 61002)
DU CHARME & COHEN
610Tisdale Avenue – Mare Island
Vallejo, CA 94592-1123
707 556 3099
888 688 4170 (e-fax)
[e-mail]
Attorney for Plaintiff Timothy M. Callison

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Claudia M. Quintana SBN 178613
Frank Frank A. Splendorio SBN 272601
Office of the City Attorney,
555 Santa Clara Street, P.O. Box 3068
Vallejo, CA 94590
Tel: [phone]
Fax: [phone]
[e-mail]
Attorney for Defendant City of Vallejo

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Dale L. Allen, Jr. SBN 145279
Allen, Glaessner, Hazelwood and Werth
180 Montgomery St Ste 1200
San Francisco, CA 94104
415 697-3456
415 813 2045
[e-mail]
Attorney for Defendant County of Napa,
City of American Canyon, Officer Schneider
Jerome M. Varanini SBN 58531
Law Offices of Jerome M. Varanini
641 Fulton Avenue, Suite 200
Sacramento, CA 95825
P.O. Box 590
Sacramento, CA 95812-0590
[phone]
[e-mail]
Attorney for Defendant California Forensic
Medical Group (CFMG)

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STIPULATION

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1. The parties, Plaintiff Timothy M. Callison and Defendants City of American Canyon, City of
Vallejo, County of Napa and Officer Brett Schneider, and California Forensic Medical Group (CFMG)
by and through their designated counsel, pursuant to Local Rule 144(a) and Federal Rule of Civil
Procedure 6, hereby submit their Joint Stipulation to Alter the Pretrial Scheduling Order in this matter.
2. Subject to the Court’s approval, the parties propose the Court vacate the pretrial scheduling
Order filed herein March 9, 2016 (Document 25) and reschedule all of the dates contained therein,
including the trial date, seven months out. This would be the second Pretrial rescheduling in this case.
3. Subject to the Court’s approval, the parties propose the Court modify the Order of Magistrate
Judge Deborah Barnes filed herein December 30, 2016 (Document 39), compelling Plaintiff’s deposition
within 35 days of Defense Counsel arranging for said deposition to take place at the Solano County
Claybank Detention Facility, in Fairfield, California, and that the imposition of sanctions continue to be
held in abeyance pending plaintiff’s appearance at his deposition in compliance with the modified order.

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Case No: 2:15-cv-00116 –WBS-DB

STIPULATION TO ALTER PRETRIAL
SCHEDULING ORDER; MODIFICATION OF
ORDER COMPELLING DEPOSITION AND
[PROPOSED] ORDER

Page 1

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4. The proposed vacation of the current Pre-Trial Order and scheduling of new Pretrial dates and
trial is necessary and good cause exists for the requested stipulation.
5. The proposed modification of the Order compelling plaintiff’s deposition is necessary and good
cause exists for the requested stipulation.
6. Plaintiff ‘s counsel, James A. Du Charme, on December 21, 2016, filed his petition to be relieved
as attorney of record for plaintiff (Documents 33 – 36). Plaintiff’s counsel only learned on Friday
January 20, 2017, that plaintiff is incarcerated at the Solano County Claybank Detention Facility, 2500
Claybank Road, Fairfield, California, and would not be present at the hearing for the petition to

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withdraw scheduled for January 23, 2016. In the absence of plaintiff appearance at the hearing, the
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Court did not rule on the petition.
7. On December 20, 2016, plaintiff filed a substitution of counsel (Document 31) relieving James

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A. Du Charme, and appearing in pro per. Deemed insufficient, plaintiff’s counsel followed this with the

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petition to withdraw on December 21, 2016, mentioned above. Plaintiff’s counsel has represented that

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as recently as January 22, 2017, plaintiff has stated he does not object to counsel withdrawing, and that

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he will seek new representation upon his release from detention which he anticipates to be March 6 or 7,

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2017, following the Solano County Superior Court hearing scheduled for March 3, 2017, whereat

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plaintiff expects a probation report.
8. Plaintiff’s counsel has proposed a rescheduling of the Pre-Trial Order and Trial of seven months
as being a reasonable time within which plaintiff can locate new representation, if he so desires, and for

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that new counsel to fully acquaint himself or herself with the case. Defendants do not object to this
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proposed rescheduling.
9. Pursuant to the Order compelling plaintiff’s deposition (Document 39), above, Defendant City of

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Vallejo, timely noticed plaintiff’s deposition for January 30, 2017, to take place at the Offices of the

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City Attorney for Vallejo.

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10. Plaintiff’s incarceration until at least March 6 or 7 makes his attendance at the scheduled
deposition on January 30, 2017, not possible.

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Case No: 2:15-cv-00116 –WBS-DB

STIPULATION TO ALTER PRETRIAL
SCHEDULING ORDER; MODIFICATION OF
ORDER COMPELLING DEPOSITION AND
[PROPOSED] ORDER

Page 2

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11. Defendants do not object to rescheduling plaintiff’s deposition, on the conditions 1) that the

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Order compelling the deposition of plaintiff is modified to allow the same and 2) provided that

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plaintiff’s deposition is taken during the time plaintiff remains incarcerated at the Solano County

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Claybank Detention Facility, otherwise the sanctions shall be imposed.

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12. This is a civil rights matter (allegations of excessive force), with a denial of medical care and
personal injury components, it has numerous witnesses, including medical providers.
13. Counsel for plaintiff has requested he be relieved as attorney of record and plaintiff does not

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object. Plaintiff has indicated he intends to seek new representation upon his release from detention.

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Additional time will be need to locate new counsel, for that counsel to become familiar with the case

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and for the completion of discovery before trial.
14. The parties are agreed plaintiff’s deposition should go forward while plaintiff is in detention, as
soon as arrangements can be made with the authorities at the detention facility.
15. Therefore, the parties respectfully submit good cause exists to vacate the pretrial scheduling

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Order filed herein March 9, 2016 (Document 25) and reschedule all of the dates contained therein,

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including the trial date, seven months out; and

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16. Modify the Order of Magistrate Judge Deborah Barnes filed herein December 30, 2016

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(Document 39), compelling Plaintiff’s deposition within 35 days of Defense Counsel arranging for said

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deposition to take place at the Solano County Claybank Detention Facility, in Fairfield, California, and

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that the imposition of sanctions continue to be held in abeyance pending plaintiff’s appearance at his

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deposition in compliance with the modified order.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Case No: 2:15-cv-00116 –WBS-DB

STIPULATION TO ALTER PRETRIAL
SCHEDULING ORDER; MODIFICATION OF
ORDER COMPELLING DEPOSITION AND
[PROPOSED] ORDER

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Respectfully submitted,

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DATED: February 3, 2017

/s/ Frank A. Splendorio___
FRANK A. SPLENDORIO
Deputy City Attorney
Attorney for Defendant,
CITY OF VALLEJO

DATED: February 3, 2017

/s/ James A. Du Charme
JAMES A. DU CHARME
DU CHARME & COHEN
Attorney for Plaintiff,
TIMOTHY M. CALLISON

DATED: February 3, 2017

/s/ Dale L. Allen ___
DALE L. ALLEN
ALLEN, GLAESSNER, HAZELWOOD & WERTH
Attorney for Defendants,
COUNTY OF NAPA, CITY OF AMERICAN
CANYON AND OFFICER SCHNEIDER

DATED: February 3, 2017

/s/ Jerome M. Varanini
JEROME M. VARANINI
LAW OFFICES OF JEROME M. VARANINI
Attorney for Defendant
CALIFORNIA FORENSIC MEDICAL GROUP

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I hereby attest / certify that I have been authorized by the above named counsel, Dale L. Allen,

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Frank A. Splendorio and Jerome M. Varanini, to file this JOINT STIPULATION TO ALTER /

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VACATE PRETRIAL SCHEDULING ORDER; MODIFY ORDER COMPELLING

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DEPOSITION OF PLAINTIFF AND [PROPOSED] ORDER.

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Executed on this February 3, 2017, at Vallejo, California.
__s/_James A. Du Charme___
James A. Du Charme

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Case No: 2:15-cv-00116 –WBS-DB

STIPULATION TO ALTER PRETRIAL
SCHEDULING ORDER; MODIFICATION OF
ORDER COMPELLING DEPOSITION AND
[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED:

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The pretrial scheduling order filed March 9, 2016 (Document 25) is modified as follows:

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1. Plaintiff may file an amended complaint adding additional defendants by no later than

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October 23, 2017.

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2. All discovery, including depositions for preservation of testimony shall be completed by

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November 27, 2017.

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3. The parties shall disclose experts and produce reports in accordance with FRCP 26(a)(2) by

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September 25, 2017.

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4. With regard to expert testimony intended solely for rebuttal, those experts shall be disclosed

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and reports produced by October 24, 2017.

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5. All motions to compel discovery must be noticed on the magistrate judge's calendar by

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November 27, 2017.

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6. Dispositive Motions filed by January 26, 2018.

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7. The Final Pretrial Conference is set for April 9, 2018 at 01:30 PM in Courtroom 5 (WBS)

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before Senior Judge William B. Shubb.

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8. The Jury Trial is set for June 12, 2018 at 09:00 AM in Courtroom 5 (WBS) before Senior

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Judge William B. Shubb.

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9. The parties shall comply with the pretrial order filed March 9, 2016 (Document 25) for all

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further details.

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Case No: 2:15-cv-00116 –WBS-DB

STIPULATION TO ALTER PRETRIAL
SCHEDULING ORDER; MODIFICATION OF
ORDER COMPELLING DEPOSITION AND
[PROPOSED] ORDER

Page 5

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The Order of Magistrate Judge Deborah Barnes filed herein December 30, 2016 (Document 39),

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is modified to read: Plaintiff’s deposition shall be taken within 35 days of Defense Counsel arranging

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for said deposition to take place at the Solano County Claybank Detention Facility, in Fairfield,

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California, and that the imposition of sanctions continue to be held in abeyance pending plaintiff’s

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appearance at his deposition in compliance with this modified order.

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Dated: February 9, 2017

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Case No: 2:15-cv-00116 –WBS-DB

STIPULATION TO ALTER PRETRIAL
SCHEDULING ORDER; MODIFICATION OF
ORDER COMPELLING DEPOSITION AND
[PROPOSED] ORDER

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