Evans v. California Commission on Peace Officers Standards and Training et al

Filing 42

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 1/11/2017 ORDERING the fact Discovery cutoff is EXTENDED until 4/18/2017; the deadline to Designation of Expert Witnesses EXTENDED to 6/19/2017. That a Status and Setting Conference be set for a date convenient to the Court to address the remaining case calendar, including assignment of trial. (Washington, S)

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BROWN | POORE LLP
Scott A. Brown (SBN 177099)
David M. Poore (SBN 192541)
1350 Treat Boulevard, Suite 420
Walnut Creek, California 94597
[phone]
[e-mail]
Attorneys for Plaintiff Tamara Evans
KATHLEEN A. KENEALY (SBN 212289)
Acting Attorney General of California
CHRISTINE MERSTEN (SBN 149752)
Supervising Deputy Attorney General
CONNIE A. BROUSSARD (SBN 228237)
Deputy Attorney General
600 West Broadway, Suite 1800
San Diego, CA 92101
[phone]
[e-mail]
Attorneys for Defendants California
Commission of Peace Officer Standards
& Training, Edmund Pecinovsky, Anne Brewer

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TAMARA EVANS,

2:15-CV-01951-MCE-DB

Plaintiff,
v.
CALIFORNIA COMMISSION ON PEACE
OFFICERS STANDARDS AND
TRAINING; EDMUND PECINOVSKY;
ANNE BREWER and DOES 1-25,
Defendants.

STIPULATION AND ORDER TO
EXTEND DISCOVERY DATES

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Pursuant to Local Rules 143 and 144, Plaintiff Tamara Evans and Defendants California

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Commission on Peace Officers Standards and Training, Anne Brewer, and Edmund Pecinovsky

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hereby stipulate to extend the discovery cutoff dates.

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There exists good cause to extend the discovery deadlines and modify the pre-trial order

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in accordance with FRCP 16. All parties agree that the current discovery schedule does not

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provide sufficient time. The parties agree to a 60 day extension of currently scheduled deadlines

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as set forth below. No trial date has been assigned in this case which has been reassigned twice.

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The parties believe that each will benefit from the extension and there will be no undue prejudice.

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Although this case was originally filed on June 4, 2014, there was a dormant period where

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Plaintiff substituted counsel. A First Amended Complaint was filed on August 10, 2015.
Written discovery has been propounded. Several long standing disputes exist regarding

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(a) the lack of labelling of documents produced by Defendants; (b) the production of various

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documents; and (c) production of the contents from Plaintiff’s laptop used during her

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employment.

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The parties have commenced the depositions of Plaintiff Tamara Evans and Defendant

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Edmund Pecinovsky and are close to completing them. The Parties are meeting and conferring

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regarding whether certain documents have been produced that Mr. Pecinovsky identified during

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his deposition in Phoenix, Arizona. The Parties have met and conferred regarding the production

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of the following witnesses identified in Defendants’ Initial Disclosures: Anne Brewer, Darla

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Engler, Stephanie Scofield, Teresa Keller, Robert Stresak, Richard Reed, Alan Deal, Donna

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Wooten, and Frank Decker.

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Plaintiff’s counsel has back to back trials set in February 2017 in the Northern District:

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(a) Hauschild v. City of Richmond, et. al. USDC Case no. 3:15-CV-01556 (WHA); and Flaviano

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v. Department of State Hospitals, USDC Case no. C14-05671 (WHA). The Hauschild trial

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commences on February 21, followed by Flaviano on February 27. Both trials are before the

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Honorable William H. Alsup and will likely proceed.

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Stipulation and Order

No. 2:15-CV-01951-MCE-DB

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The Parties agree that under the current discovery deadlines, it will be extremely difficult

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and burdensome on counsel and witnesses to complete necessary discovery. One previous

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request to continue discovery deadlines has been made.

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WHEREAS the Court previously set February 17, 2017 as the deadline for fact discovery;

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WHEREAS the Court previously set April 19, 2017 as the deadline for expert discovery.

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The parties do therefore Stipulate and agree as follows:

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1. To extend Fact discovery cutoff until April 18;

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2. To extend Designation of Experts deadline until June 19;

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3. That a Status and Setting Conference be set for a date convenient to the Court

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to address the remaining case calendar, including assignment of trial.

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Dated: January 9, 2017

BROWN POORE LLP

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/s/ Scott A. Brown

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SCOTT A. BROWN
Attorneys for Plaintiff Tamara Evans

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Dated: January 9, 2017

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California Deputy Attorney General
/s/ Connie A. Broussard

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CONNIE A. BROUSSARD
Attorneys for Defendants

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Stipulation and Order

No. 2:15-CV-01951-MCE-DB

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I hereby attest that concurrence in the filing of the document has been obtained by all of
the signatories.
Dated: January 9, 2017

BROWN POORE LLP

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/s/ Scott A. Brown

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SCOTT A. BROWN
Attorneys for Plaintiff Tamara Evans

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ORDER

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IT IS SO ORDERED.
Dated: January 11, 2017

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Stipulation and Order

No. 2:15-CV-01951-MCE-DB