Shannon v. County of Sacramento

Filing 58

STIPULATION AND ORDER signed by District Judge Kimberly J. Mueller on 11/2/16 ORDERING The deadline for fact discovery is RESET to 5/15/17; The deadline for expert disclosures is RESET to 7/3/17; The deadline for supplemental disclosures of exp ert witnesses is RESET to 8/17/17; The deadline for expert discovery is RESET to 10/3/17; The last day to hear dispositive motions is RESET to 11/17/17; The deadline for the parties' joint pretrial statement is RESET to 3/2/18; The final pretrial conference is RESET to 3/23/18; The deadline for trial briefs is RESET to 4/23/18; and The jury trial date is RESET to 5/7/18. (Becknal, R)

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CREGGER & CHALFANT LLP
ROBERT L. CHALFANT, SBN 203051
Email: [e-mail]
WENDY MOTOOKA, SBN 233589
Email: [e-mail]
JORDAN K. DIXON, SBN 301820
Email: [e-mail]
701 University Avenue, Suite 110
Sacramento, CA 95825
Phone: [phone]
Fax: [phone]
Attorneys for Defendants COUNTY OF
SACRAMENTO, TIMOTHY JONES, and JOSEPH
REEVE

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LUCERO LAW FIRM, APC
STEVE LUCERO, ESQ. (SBN #298076)
[e-mail]
835 5th Ave., Ste. 200A
San Diego, CA 92101
Telephone: [phone]
Attorneys for Plaintiff
SALVADOR SHANNON

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SALVADOR SHANNON, as an individual
and as a successor in interest to RYAN
SHANNON,

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No.: 2:15-CV-00967 KJM DB

Plaintiff,
STIPULATION
SCHEDULING
THEREON

vs.

TO
ORDER;

MODIFY
ORDER

COUNTY OF SACRAMENTO, a
government entity, TIMOTHY JONES, an
individual; and JOSEPH REEVE, an
individual,

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Defendants.
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WHEREAS on November 24, 2014 an action was commenced in the Superior Court of

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the State of California in and for the County of Sacramento, entitled Salvador Shannon, Plaintiff,

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v. County of Sacramento, DOES 1 to 20, Defendants, Case No. 34-2014-00172136;

CREGGER & CHALFANT LLP
701 University Ave., #110
Sacramento, CA 95825
[phone]

STIPULATION TO MODIFY SCHEDULING ORDER;
ORDER THEREON
Case No. 2:15-CV-00967 KJM DB

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WHEREAS Plaintiff’s complaint was removed to this Court by Defendants pursuant to 28
U.S.C. § 1441(a);

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WHEREAS on May 11, 2016, Plaintiff filed a Fifth Amended Complaint;

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WHEREAS on June 1, 2016, Defendants answered the complaint;

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WHEREAS the Court’s scheduling order was entered on June 6, 2016;

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WHEREAS pursuant to the Court’s scheduling order discovery is to be completed by

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January 13, 2017;
WHEREAS on July 28, 2016, Defendants served Plaintiff with Requests for Production
and Interrogatories;

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WHEREAS Plaintiff’s responses were due on September 2, 2016;

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WHEREAS in early to mid-September, Plaintiff’s counsel’s office suffered unexpected

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turnover such that the responses to Defendants’ discovery were not completed and responsive

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documents were not requested;

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WHEREAS as of the date of this stipulation, Defendants have not received documents
responsive to eight (8) of their fourteen (14) production requests;
WHEREAS as of the date of this stipulation, Defendants have not received any documents
related to Decedent or Plaintiff’s mental health providers;
WHEREAS Plaintiff intends to comply with his discovery obligations but needs
additional time to locate responsive information;
WHEREAS Defendants’ discovery plan has been hindered due to not receiving responses
to its discovery;

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WHEREAS Defendants intend to subpoena medical and mental health records;

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WHEREAS Defendants intend to subpoena decedent’s military records, and this process

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CREGGER & CHALFANT LLP
701 University Ave., #110
Sacramento, CA 95825
[phone]

can take as long as ten (10) weeks;
WHEREAS the parties, in order to avoid unnecessary motions practice, and good cause
appearing, desire to stipulate to a modification of the scheduling order;
THEREFORE, the parties hereby stipulate, by and through their counsel of record, as
follows:
STIPULATION TO MODIFY SCHEDULING ORDER;
ORDER THEREON
Case No. 2:15-CV-00967 KJM DB

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1.

That the current scheduling order be modified to extend fact discovery for an

additional six (6) months past the current cut-off date of January 13, 2017;
2.

That all other dates in the pretrial scheduling order be extended by six (6) months

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or as would be convenient to the Court while allowing Defendants six additional months to

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complete fact discovery.

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IT IS SO STIPULATED.

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DATE: October 14, 2016

CREGGER & CHALFANT LLP
/s/ Jordan K. Dixon
ROBERT L. CHALFANT
WENDY MOTOOKA
Attorneys for Defendants
COUNTY OF SACRAMENTO,
JONES, and JOSEPH REEVE

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TIMOTHY

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Date: October 14, 2016

LUCERO LAW FIRM

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/s/ Steve Lucero
STEVE LUCERO
Attorney for Plaintiff SALVADOR SHANNON

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CREGGER & CHALFANT LLP
701 University Ave., #110
Sacramento, CA 95825
[phone]

STIPULATION TO MODIFY SCHEDULING ORDER;
ORDER THEREON
Case No. 2:15-CV-00967 KJM DB

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ORDER
After considering the Stipulation by and between the parties through their counsel of
record, and good cause appearing, IT IS HEREBY ORDERED THAT:
1. The scheduling order entered on June 6, 2016, is hereby modified as follows:
a. The deadline for fact discovery, previously set for January 13, 2017, is VACATED
and RESET for May 15, 2017.
b. The deadline for expert disclosures, previously set for March 1, 2017 is
VACATED and RESET for July 3, 2017.
c. The deadline for supplemental disclosures of expert witnesses, previously set for
April 17, 2017, is VACATED and RESET for August 17, 2017.
d. The deadline for expert discovery, previously set for June 2, 2017, is VACATED
and RESET for October 3, 2017.
e. The last day to hear dispositive motions, previously set for July 14, 2017, is
VACATED and RESET for November 17, 2017.
f. The deadline for the parties’ joint pretrial statement, previously set for October 27,
2017, is VACATED and RESET for March 2, 2018.
g. The final pretrial conference, previously set for November 17, 2017 at 10:00 a.m.,
is VACATED and RESET for March 23, 2018.
h. The deadline for trial briefs, previously set for December 22, 2017, is VACATED
and RESET for April 23, 2018.
i. The jury trial date, previously set for January 8, 2018 at 9:00 a.m., is VACATED
and RESET for May 7, 2018.
IT IS SO ORDERED.
DATE: November 2, 2016

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UNITED STATES DISTRICT JUDGE
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CREGGER & CHALFANT LLP
701 University Ave., #110
Sacramento, CA 95825
[phone]

STIPULATION TO MODIFY SCHEDULING ORDER;
ORDER THEREON
Case No. 2:15-CV-00967 KJM DB

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