Berrera v. Sivyer et al

Filing 50

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 03/02/18 ORDERING ( Discovery due by 5/2/2018, Dispositive Motions filed by 7/2/2018.) The parties may conduct depositions of any incarcerated witnesses via video conference, where feasible. (Plummer, M)

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XAVIER BECERRA, State Bar No. 118517
Attorney General of California
R. LAWRENCE BRAGG, State Bar No. 119194
Acting Supervising Deputy Attorney General
ARTHUR B. MARK III, State Bar No. 220865
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants
Macomber and Sivyer

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Ashley R. Amerio (SBN 230469)
Stephen F. Davids (SBN 105097)
Amerio Law Firm
1640 Lead Hill Blvd. Ste. 220
Roseville, CA 95661
Telephone [phone]
[e-mail]
Attorneys for Plaintiff Ernesto Berrera

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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ERNESTO BERRERA,

2:15-cv-00610-KJM-EFB P

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v.

Plaintiff, STIPULATION AND [PROPOSED]
ORDER TO MODIFY DISCOVERY AND
SCHEDULING

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J. SIVYER, et al.,

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Judge:

The Honorable
Edmund F. Brennan
None Set
Defendants. Trial Date:
Action Filed: March 18, 2015

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Plaintiff Ernesto Berrera and Defendants Macomber and Sivyer (collectively, the
“Parties”), by and through their respective attorneys, hereby stipulate as follows:
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On October 26, 2017, the Court issued its Discovery and Scheduling Order in this

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case (ECF No. 47.) The current deadline for completion of discovery and filing motions to

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compel is March 2, 2018. The current deadline for filing dispositive motions is April 27, 2018.
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Stipulation and Proposed Order to Modify Scheduling Order (2:15-cv-00610-KJM-EFB P)

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The schedule was determined without the benefit of the parties’ input. No trial date has been set

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in this matter.

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2.

The parties have diligently conducted discovery to date, with plaintiff and

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defendants having propounded requests for production, interrogatories and requests for

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admissions to which the parties have responded. Defendants deposed Plaintiff on February 9,

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2018, and Plaintiff deposed Defendant Sivyer on February 23, 2018.

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3.

The parties stipulate to additional time for completion of discovery and for filing

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motions to compel until May 2, 2018, and for additional time to file any dispositive motions until

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July 2, 2018, for the following reasons:

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a.

On February 23, 2018, Plaintiff’s and Defendants’ counsel met and

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conferred in person on Plaintiff’s responses to Defendants’ written discovery. The parties

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agreed that Plaintiff’s responses to Defendants’ written discovery are deficient, and

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Plaintiff agreed to provide further responses. Defendants have requested these responses

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by March 19, 2018.

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b.

Defendants’ counsel only received a transcript of Plaintiff’s deposition on

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February 26, 2018, and requires additional time to review the transcript and meet and

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confer with respect to documents which were not produced and questions to which

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Plaintiff did not respond.

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c.

Plaintiff identified several inmate witnesses in responses to interrogatories,

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four of which are incarcerated at prisons remote from Sacramento. Defendants’ counsel

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examined Plaintiff as to these witnesses potential testimony at his deposition, and requires

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additional time to review the deposition transcript and then determine whether to depose

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some or all of these potential witnesses. The parties would request that the Court

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authorize the deposition of inmate witnesses by video conference, where feasible.

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d.

Plaintiff is incarcerated and thus, meetings with his attorney require

advance arrangements, and written communications can be made only via U.S. Mail.
e.

The parties agree that it is necessary to complete discovery before

determining whether any dispositive motions are appropriate.
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Stipulation and Proposed Order to Modify Scheduling Order (2:15-cv-00610-KJM-EFB P)

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ACCORDINGLY, it is HEREBY STIPULATED AND AGREED as follows:

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1.

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The Parties may conduct discovery, including the filing of any motions to compel,

until May 2, 2018;

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2.

The last date to file any dispositive motions shall be July 2, 2018; and

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3.

The depositions of any incarcerated witnesses may take place by video conference.

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DATED: February 27, 2018

Amerio Law Firm

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By: /s/ Stephen F. Davids
STEPHEN F. DAVIDS FOR PLAINTIFF

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DATED: February 27, 2018

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XAVIER BECERRA
Attorney General of California
R. LAWRENCE BRAGG
Acting Supervising Deputy Attorney General

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By: /s/ Arthur B. Mark III
ARTHUR B. MARK III FOR DEFENDANTS

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[PROPOSED] ORDER

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This matter having come before the Court on the parties’ Stipulation to Modify the

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Discovery and Scheduling Order, and good cause appearing, the stipulation is GRANTED. The

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last date by which to conduct discovery and file motions to compel is extended until May 2, 2018.

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The parties may conduct depositions of any incarcerated witnesses via video conference, where

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feasible. The last date by which to file dispositive motions is extended until July 2, 2018.

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IT IS SO ORDERED.
DATED: March 2, 2018.

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United States Magistrate Judge
SA2016102046 / 33292217.docx

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Stipulation and Proposed Order to Modify Scheduling Order (2:15-cv-00610-KJM-EFB P)