Haynes, et al v. Johnson, et al

Filing 37

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 1/3/17 ORDERING the following dates and deadlines be RESET and CONTINUED: Rebuttal Expert Disclosures due by 3/3/2017; Fact Discovery due by 3/21/2017; Expert Discovery Deadline due by 4/28/2017; Discovery Motion filed by 5/25/2017; Dispositive Motions filed by 6/23/2017; Final Pretrial Conference set for 9/11/2017 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; and Jury Trial set for 11/28/2017 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb.(Washington, S)

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COTA COLE LLP
2261 LAVA RIDGE COURT
ROSEVILLE, CALIFORNIA 95661

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JOHN M. LUEBBERKE, City Attorney
State Bar No 164893
JAMES F. WILSON, Deputy City Attorney
State Bar No. 107289
425 N. El Dorado Street, 2nd Floor
Stockton, CA 95202
Telephone: [phone]
Facsimile [phone]
DENNIS M. COTA, Bar No. 127992
[e-mail]
RONALD J. SCHOLAR, Bar No. 187948
[e-mail]
SAMANTHA L. CHEN, Bar No. 307155
[e-mail]
COTA COLE LLP
2261 Lava Ridge Court
Roseville, CA 95661
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants ROBERT JOHNSON,
WILLIAM KAMBIC, DANA MOSHER, and
RYAN MORRIS

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SYLVIA HAYNES, et al.,
Plaintiffs,

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Case No. 2:15-CV-00565-WBS-DB

v.
ROBERT JOHNSON, et al.,

STIPULATION AND [PROPOSED]
ORDER TO CONTINUE TRIAL, PRETRIAL, LAW AND MOTION AND
DISCOVERY DATES

Defendants.

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Assigned to Judge:
Senior Judge William B. Shubb
Referred to:
Magistrate Judge Deborah Barnes

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{RJS/00048529. }

Stipulation and [Proposed] Order to Continue Trial, Pre-Trial, Law and Motion and Discovery Dates
Case No. 2:15-CV-00565-WBS-DB

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STIPULATION

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WHEREAS the parties, by and through their respective counsel have met and conferred
and agreed;

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WHEREAS discovery and dispositive motions were substantially delayed in order to

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permit sufficient time for Plaintiffs’ counsel to file a motion to withdraw, for the Court to rule on

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the matter and for Plaintiffs and Plaintiffs’ counsel to reconcile and be able to move forward with

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the case;

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WHEREAS two litigation attorneys, including former counsel of record Ted Wood, have
departed from the City of Stockton City Attorney’s Office;

COTA COLE LLP
2261 LAVA RIDGE COURT
ROSEVILLE, CALIFORNIA 95661

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WHEREAS effective December 30, 2016, new counsel from Cota Cole LLP have
associated into the case for Defendants;

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WHEREAS due to the holiday period, obtaining fully executed substitutions of attorney
from each individual defendant have been temporarily delayed;

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WHEREAS Cota Cole LLP will be fully substituting into the case for the City Attorney as
soon as the appropriate substitution documents are prepared and filed with the Court;

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WHEREAS new counsel needs sufficient time to review and analyze the case, the current

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state of discovery, which is incomplete and prepare the case for the completion of discovery,

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potential dispositive motions and trial;

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WHEREAS Plaintiffs have also not yet completed discovery;

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WHEREAS Plaintiffs’ counsel is set for two trials in February 2017;

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WHEREAS pre-trial and trial will need to be continued to accommodate continuing

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discovery and dispositive motions;

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WHEREAS pending the Court’s approval, the parties have agreed to continue all dates

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approximately 4-6 months depending upon the Court’s schedule and ability to accommodate as

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follows:

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///

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///

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{RJS/00048529. }

Stipulation & [Proposed] Order to Continue Trial, Pre-Trial, Law and Motion & Discovery Dates
Case No. 2:15-CV-00565-WBS-DB

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Current

New

Rebuttal Expert Disclosures

01/06/17

04/24/17

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Fact Discovery Deadline

01/24/17

05/29/17

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Expert Discovery Deadline

02/28/17

06/06/17

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Discovery Motion Hearing Deadline

N/A

07/18/17

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Dispositive Motion Hearing Deadline

N/A

08/21/17

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Mandatory Settlement Conference

N/A

09/26/17

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Pre-Trial Conference

07/03/17

10/16/17

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Trial

09/16/17

01/30/17

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COTA COLE LLP
2261 LAVA RIDGE COURT
ROSEVILLE, CALIFORNIA 95661

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SO STIPULATED

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Dated: January 3, 2017

COTA COLE LLP

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By: /s/ Ronald J. Scholar
Dennis M. Cota
Ronald J. Scholar
Samantha L. Chen
Attorneys for Defendants ROBERT JOHNSON,
WILLIAM KAMBIC, DANA MOSHER, and RYAN
MORRIS

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Dated: January 3, 2017

JOHN M. LUEBBERKE, CITY ATTORNEY

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By: /s/ James F. Wilson
JAMES F. WILSON
Attorneys for Defendants ROBERT JOHNSON,
WILLIAM KAMBIC, DANA MOSHER, and RYAN
MORRIS

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Dated: January 3, 2017

LAW OFFICES OF JOHN L. BURRIS

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By: /s/ Dewitt M. Lacy
DEWITT M. LACY
Attorneys for Plaintiffs SYLVIA HAYNES,
ANNTIONETT HAYNES and THE ESTATE OF
DONALD RAY HAYNES

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{RJS/00048529. }

Stipulation & [Proposed] Order to Continue Trial, Pre-Trial, Law and Motion & Discovery Dates
Case No. 2:15-CV-00565-WBS-DB

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ORDER
The Court having considered the above stipulation of the parties and good cause
appearing, hereby orders the following dates and deadlines be reset and continued as follows:

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Current

New

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Rebuttal Expert Disclosures

01/06/17

03/03/17

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Fact Discovery Deadline

01/24/17

03/21/17

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Expert Discovery Deadline

02/28/17

04/28/17

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Discovery Motion Filing Deadline

N/A

05/25/17

Dispositive Motion Filing Deadline

N/A

06/23/17

Pre-Trial Conference

07/03/17

09/11/17
at 1:30 p.m.

Trial

09/6/17

11/28/17
at 9:00 a.m.

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COTA COLE LLP
2261 LAVA RIDGE COURT
ROSEVILLE, CALIFORNIA 95661

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IT IS SO ORDERED.
Dated: January 3, 2017

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{RJS/00048529. }

Stipulation & [Proposed] Order to Continue Trial, Pre-Trial, Law and Motion & Discovery Dates
Case No. 2:15-CV-00565-WBS-DB