Thomas v. Sacramento County et al

Filing 50

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 02/28/18 CONTINUING dates as follows: all Discovery shall be completed by 01/25/19; Designation of Expert Witnesses due by 03/29/19, expert rebuttal due 04/18/19 and expert discovery c ut-off 05/17/19; Dispositive Motions shall be heard no later than 09/05/19; Final Pretrial Conference set for 11/14/19 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley with a joint pretrial statement due 11/07/19; Jury Trial set for 01/27/2020 at 09:00 AM in Courtroom 2 (TLN) before District Judge Troy L. Nunley with trial briefs due 01/13/2020. (Benson, A.)

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PAUL L. REIN, Esq. (SBN 43053)
LAW OFFICES OF PAUL L. REIN
200 Lakeside Drive, Suite A
Oakland, CA 94612
Telephone: [phone]
Facsimile: 510/832-4787
[e-mail]
Attorneys for Plaintiff
EARL THOMAS
* Defendants’ counsel listed after the caption

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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EARL THOMAS,

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Plaintiff,

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STIPULATION AND ORDER
CONTINUING ALL DEADLINES AND
TRIAL DATE

v.
SACRAMENTO COUNTY; SACRAMENTO
COUNTY SHERIFF’S DEPUTIES S.
DANIELS, FIDLER AND SERGEANT
McKERSEY; SERG KEREZ; 99 CENTS
ONLY STORES, LLC; and DOES 1-20,
INCLUSIVE,
Defendants.

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Case No. 2:15-cv-01952-TLN-EFB

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
Tel: [phone] Fax: [phone]
Attorneys for Defendants
COUNTY OF SACRAMENTO,
DEPUTY S. DANIELS, DEPUTY FIDLER,
and SERGEANT McKERSIE (erroneously sued as Sergeant McKERSEY)

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STIP AND [PROPOSED] ORDER
EXTENDING DEADLINES
CASE NO. 2:15-cv-01952-TLN-EFB

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ANDREW S. PAULY (SBN 90145)
RICHARD G. STOLL (SBN 222442),
SHORELINE, A Law Corporation
1299 Ocean Avenue, Suite 400
Santa Monica, California 90401-1007
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendants
99 CENTS ONLY STORES, LLC,
and SERG KEREZ
Plaintiff EARL THOMAS (“Plaintiff”) and Defendants SACRAMENTO COUNTY;

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SACRAMENTO COUNTY SHERIFF’S DEPUTIES S. DANIELS, FIDLER AND SERGEANT

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McKERSIE (“County Defendants”); and SERG KEREZ and 99 CENTS ONLY STORES, LLC

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(“99 Cents Defendants”); by and through their respective attorneys, hereby jointly stipulate and

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respectfully request the trial date and pretrial deadlines in this case be continued. Presently, trial

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in this case is scheduled to begin on April 29, 2019. This first request for an extension of time is

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based on the following good cause:

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1.

Plaintiff, who is 89 years old, has been dealing with personal and family health

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issues over the past six-months, including coordinating care for his terminally ill

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wife. These life circumstances have greatly impeded Plaintiff from participating

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fully in the preparation of his case and communicating with his counsel.

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2.

Due to Plaintiff’s inability to participate in the case, Defendants have been unable

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to take Plaintiff’s deposition, Plaintiff has been unable to respond to Defendants’

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written discovery, and Plaintiff has likewise been unable to conduct discovery.

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3.

The deadline to complete discovery in this matter is currently May 25, 2018; the

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Parties need additional time to conduct discovery in this matter. Dkt. No. 46.

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Without discovery the Parties cannot properly prepare for trial, or any settlement

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conference between Plaintiff and one or more Party-Defendants.

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STIP AND ORDER
EXTENDING DEADLINES
CASE NO. 2:15-cv-01952-TLN-EFB

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Based on the foregoing, the parties jointly stipulate and request that the Court continue all

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case deadlines by nine months, including continuing the trial date from April 29, 2019, to January

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27, 2020, and request continuing the associated case deadlines as follows:

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Fact discovery cut-off:

January 25, 2019

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Expert disclosure:

March 29, 2019

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Expert rebuttal:

April 18, 2019

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Expert discovery cut-off:

May 17, 2019

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Hearing of dispositive motions:

September 5, 2019

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Joint pretrial conference statement:

November 7, 2019

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Pretrial conference:

November 14, 2019

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Trial briefs:

January 13, 2020

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Trial:

January 27, 2020

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Dated: February 28, 2018

LAW OFFICES OF PAUL L. REIN.

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By

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/s/ Paul L. Rein
PAUL L. REIN
Attorneys for Plaintiff
EARL THOMAS

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LONGYEAR, O’DEA & LAVRA, LLP

Dated: February 28, 2018

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By

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/s/ Kelley S. Kern
KELLEY S. KERN
Attorneys for Defendants
COUNTY OF SACRAMENTO,
SHERIFF SCOTT R. JONES, DEPUTY S.
DANIELS, DEPUTY FIDLER, and DEPUTY
McKERSIE (erroneously sued as Cpl. McKERSEY)

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STIP AND ORDER
EXTENDING DEADLINES
CASE NO. 2:15-cv-01952-TLN-EFB

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SHORELINE, A Law Corporation

Dated: February 28, 2018

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By

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/s/ Richard G. Stoll
RICHARD G. STOLL
Attorneys for Defendant
99 CENTS ONLY STORES LLC,
and SERG KEREZ

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STIP AND ORDER
EXTENDING DEADLINES
CASE NO. 2:15-cv-01952-TLN-EFB

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ORDER
Pursuant to the parties’ stipulation, it is hereby ordered that the deadlines are reset as
follows:

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Fact discovery cut-off:

January 25, 2019

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Expert disclosure:

March 29, 2019

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Expert rebuttal:

April 18, 2019

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Expert discovery cut-off:

May 17, 2019

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Hearing of dispositive motions:

September 5, 2019

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Joint pretrial conference statement:

November 7, 2019

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Pretrial conference:

November 14, 2019

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Trial briefs:

January 13, 2020

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Trial:

January 27, 2020

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IT IS SO ORDERED.

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Dated: February 28, 2018

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Troy L. Nunley
United States District Judge

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STIP AND ORDER
EXTENDING DEADLINES
CASE NO. 2:15-cv-01952-TLN-EFB

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