Sears v. County of Butte, et al.,

Filing 48

STIPULATION and ORDER signed by Magistrate Judge Craig M. Kellison on 6/4/2018 concerning the discovery disagreements between the parties and the parties' request to shorten time to hear their discovery disputes. Hearing set for 6/7/2018, at 10:00 AM, before Magistrate Judge Craig M. Kellison. All parties may attend telephonically. The parties to the dispute must submit their Joint Statement Regarding Discovery Dispute not later than 10:00AM, on 6/6/2018. (York, M)

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1 5 DAVID P. MASTAGNI (SBN 57721) PHILLIP R.A. MASTAGNI (SBN 238254) GRANT A. WINTER (SBN 266329) MASTAGNI HOLSTEDT A Professional Corporation 1912 “I” Street Sacramento, California 95811 Telephone: (916) 446-4692 Facsimile: (916) 447-4614 6 Attorneys for Plaintiff MICHAEL SEARS 2 3 4 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 MICHAEL SEARS, Plaintiff, v. Case No. 2:15-cv-00589-MCE-CMK STIPULATED ORDER TO SHORTEN TIME ON HEARING REGARDING DISCOVERY DISAGREEMENTS COUNTY OF BUTTE; BUTTE COUNTY SHERIFF’S OFFICE; ANDY DUCH; JOHN KUHN; and, DOES 1 through 100 inclusive, Defendants. STIPULATION AND REQUEST FOR ORDER SHORTENING TIME Defendants County of Butte, Butte County Sheriff’s Office, Andy Duch and John Kuhn 21 (“Defendants”) and Plaintiff Michael Sears (“Plaintiff”), hereby stipulate to waive the twenty- 22 one-day notice period regularly required for motions dealing with discovery matters (Local Rule 23 251(a)), and hereby request that the Court issue an order shortening time for a hearing on certain 24 currently pending discovery disagreements between these parties. 25 At issue are (1) Plaintiff’s notice of depositions of Sheriff Kory Honea, Lieutenant Steve 26 Boyd, Deputy Jack Berry, Butte County District Attorney Mike Ramsey, and Butte County 27 Counsel Bruce Alpert; and (2) Defendants’ notice of the deposition of Plaintiff Mike Sears. The 28 _______________________________1___________________________________ [PROPOSED] STIPULATED ORDER TO SHORTEN TIME ON HEARING REGARDING DISCOVERY DISAGREEMENTS 1 parties have met and conferred at length as to whether each of the foregoing depositions should 2 be permitted. The parties have also worked together and substantially completed a Joint 3 Statement Regarding Discovery Dispute, which will be ready to file very shortly should the Court 4 grant this request to shorten time. 5 In essence, the Plaintiff and the Defendants each seek orders compelling the depositions 6 their own side set and preventing the depositions the other side set. Specifically, and for reasons 7 set forth in the parties’ Joint Statement Regarding Discovery Dispute, the parties seek relief as 8 follows: 9 Plaintiff Sears seeks orders compelling the depositions of Sheriff Kory Honea, Lieutenant 10 Steve Boyd, Deputy Jack Berry, Butte County District Attorney Mike Ramsey, and Butte County 11 Counsel Bruce Alpert, and an order denying the Defendants’ requests to prevent those depositions 12 from going forward. Plaintiff Sears also seeks an order preventing the Defendants from taking 13 Sears’ deposition and an order denying the Defendants’ request to compel his deposition to go 14 forward. 15 Defendants seek an order compelling the deposition of Mr. Sears to go forward, and an 16 order denying Mr. Sears’ request to prevent his deposition from occurring. Defendants also seek 17 orders preventing the depositions of Sheriff Kory Honea, Lieutenant Steve Boyd, Deputy Jack 18 Berry, Butte County District Attorney Mike Ramsey, and Butte County Counsel Bruce Alpert 19 from going forward, and denying Sears’ requests for orders compelling those depositions to go 20 forward. 21 The parties have stipulated and agree to waive the regular notice period for a noticed 22 motion. Pursuant to instructions and availability provided by Judge Kellison’s Chambers, the 23 parties are available for a hearing on June 7, 2018 at 10:00 AM, and will submit their Joint 24 Statement not later than June 6, 2018 at 10:00AM. 25 On or about March 30, 2018, this case was re-opened for limited discovery until June 15, 26 2018. The Parties have diligently pursued their discovery efforts since the re-opening of 27 discovery, but due to the limited time period that discovery has been reopened, the Parties have 28 not been able to resolve these disputes without resorting to a request to shorten time for these _______________________________2___________________________________ [PROPOSED] STIPULATED ORDER TO SHORTEN TIME ON HEARING REGARDING DISCOVERY DISAGREEMENTS 1 2 3 matters to be heard. IT IS SO STIPULATED. Dated: June 4, 2018 4 5 PORTER SCOTT A PROFESSIONAL CORPORATION By /s/ 6 Stephen E. Horan William E. Camy Attorney for Defendants COUNTY OF BUTTE, BUTTE COUNTY SHERIFF’S OFFICE, ANDY DUCH and JOHN KUHN 7 8 9 10 11 Dated: June 4, 2018 12 MASTAGNI HOLSTEDT, APC By 13 14 /s/ Grant A Winter Attorney for Plaintiff Michael Sears 15 ORDER 16 17 18 19 20 21 22 23 24 Based on the foregoing stipulation to waive the regular notice period for a motion concerning the discovery disagreements between the parties’ and the parties’ request to shorten time, the Court finds that there is good cause to shorten time to hear the parties discovery disputes, and hereby schedules a hearing for June 7, 2018 at 10:00AM. All parties may attend telephonically. The parties to the dispute must submit their Joint Statement Regarding Discovery Dispute not later than 10:00AM on June 6, 2018. IT IS SO ORDERED. Dated: June 4, 2018 25 26 27 28 _______________________________3___________________________________ [PROPOSED] STIPULATED ORDER TO SHORTEN TIME ON HEARING REGARDING DISCOVERY DISAGREEMENTS

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