Gasca v. County of Sacramento

Filing 12

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/19/16 ORDERING that the parties exchange Expert Witnesses Reports by 5/13/2016 and Rebuttal Experts Witness Reports by 6/10/2016. (Mena-Sanchez, L)

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LONGYEAR, O’DEA & LAVRA, LLP
John A. Lavra, CSB No.: 114533
Kelley S. Kern, CSB No.: 221265
3620 American River Drive, Suite 230
Sacramento, CA 95864
Phone: [phone]
Facsimile: 916-974-8510

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Attorneys for Defendant COUNTY OF SACRAMENTO

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LAW OFFICE OF BROWN & GESSELL
Douglas A. Gessell, SBN: 210112
Steven L. Brown, SBN: 166278
2155 W. March Lane, Suite 1D
Stockton, CA 95207
Phone: [phone]
Facsimile: 209-466-5480

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Attorneys for Plaintiff MARTIN GASCA

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

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MARTIN GASCA, an individual

) Case No.: 2:15-cv-01109-WBS-CKD
)
Plaintiff,
) STIPULATION TO MODIFY
) SCHEDULING ORDER
vs.
)
)
COUNTY OF SACRAMENTO, a municipal )
corporation; DOE OFFICER 1 and DOES 2- )
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)
)
Defendants.
)
The Plaintiff Martin Gasca, by and through his attorneys, and Defendants, County of
Sacramento and Deputy Nathan Burnette, by and through their attorneys, stipulate as follows:
The purpose of this stipulation is to request that the court modify the existing scheduling
order by extending the date for expert disclosures and rebuttal expert disclosures.
Plaintiff claims that he was unlawfully battered in his home by a police officer working

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for the County of Sacramento in violation of state law and his civil rights pursuant to 42 USC

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1983. Plaintiff further claims that Defendant County of Sacramento was negligent in the hiring,

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training, disciplining and supervision of said officer. Plaintiff claims these acts and omissions by

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defendants caused him serious and permanent injuries, emotional distress and economic

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damages. Defendant denies each and every claim made by Plaintiff.

STIPULATION TO MODIFY SCHEDULING ORDER Page - 1

The complaint was filed in Sacramento Superior Court on April 14, 2015. Defendants

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answered the Complaint on May 21, 2015 and removed the case to the U.S. District Court on

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May 22, 2015. On August 27, 2015, the parties submitted their Joint Status Report, requesting

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Expert Disclosures be due on September 16, 2016. However, in its Scheduling Order, the Court

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ordered Expert Disclosure for March 14, 2016 and Rebuttal Expert Disclosures for April 11,

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2016.

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The parties are actively engaged in discovery. Plaintiff has served Interrogatories,

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Requests for Production of Documents, and Requests for Admissions. Defendants have also

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served written discovery including Interrogatories, and Requests for Production of Documents.

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The deposition of the Plaintiff is scheduled for January 27, 2016. The deposition of Defendant

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Burnette and third party County witnesses are scheduled for February 19, 2016.

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In light of the foregoing, the parties cannot complete discovery on the claims and

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defenses with sufficient remaining time for comprehensive review by an expert before the

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current March 14, 2016 deadline. Thus, the Parties have stipulated to extend the time for expert

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disclosures.

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The parties stipulate to modify the scheduling order as follows:

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1. Expert Disclosure – May 13, 2016

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2. Rebuttal Expert Disclosure- June 10, 2016

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All other dates shall remain the same.

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IT IS SO STIPULATED

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Dated: January 13, 2016

LONGYEAR, O’DEA & LAVRA, LLP

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By: /s/ Kelley S. Kern
JOHN A. LAVRA
KELLEY S. KERN
Attorneys for Defendant

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Dated: January 13, 2016

LAW OFFICE OF BROWN & GESSELL

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By: /s/ Douglas A. Gessell
DOUGLAS A. GESSELL
STEVEN L. BROWN
Attorneys for Plaintiff

STIPULATION TO MODIFY SCHEDULING ORDER Page - 2

ORDER

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Pursuant to stipulation, it is ordered that the parties exchange Expert Witness Reports by
May 13, 2016 and Rebuttal Expert Witness Reports by June 10, 2016.

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IT IS SO ORDERED:

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Dated: January 19, 2016

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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STIPULATION TO MODIFY SCHEDULING ORDER Page - 3