Thomas v. Sacramento County et al

Filing 55

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 9/10/2018 ORDERING the following deadline and trial dates CONTINUED: Fact discovery cut-off 4/26/2019; Expert disclosure 6/28/2019; Expert rebuttal 7/18/2019; Hearing of dispositive mot ions 12/5/2019; Joint pretrial conference statement 2/13/2020; Pretrial Conference CONTINUED to 2/20/2020 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley; Jury Trial CONTINUED to 4/27/2020 at 09:00 AM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Washington, S)

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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,

ORDER MODIFIED FROM
SUBMITTED VERSION

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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//

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//

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//
STIP AND 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 continuance of the January 27, 2020trial date and all associated pretrial case

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deadlines. This second request for an extension of time is based on the following good cause:

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1.

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Plaintiff’s counsel filed a Motion to Withdraw as counsel in this matter on May 17,
2018. Dkt. No. 51. That Motion is still pending before the Court.

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As stated in the Motion, due to the significant breakdown in the attorney-client

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relationship, Plaintiff and his counsel are unable to move forward with the case

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including conducting and responding to discovery.

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3.

The deadline to complete discovery in this matter is currently January 25, 2019; the

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Parties need additional time to conduct discovery in this matter. Dkt. No. 50. In

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light of the pending Motion to Withdraw as Counsel, Plaintiff’s counsel would like

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to limit any potential prejudice to Plaintiff as much as possible by giving him

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sufficient time to prepare his case.

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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 three months, including continuing the trial date from January 27, 2020, to April

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27, 2020, and request continuing the associated case deadlines as follows:
STIP AND [PROPOSED] ORDER
EXTENDING DEADLINES
CASE NO. 2:15-cv-01952-TLN-EFB

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Fact discovery cut-off:

April 26, 2019

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Expert disclosure:

June 28, 2019

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Expert rebuttal:

July 18, 2019

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Expert discovery cut-off:

August 16, 2019

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Hearing of dispositive motions:

December 5, 2019

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Joint pretrial conference statement:

February 6, 2020

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Pretrial conference:

February 13, 2020

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Trial briefs:

April 13, 2020

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Trial:

April 27, 2020

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Dated: September 10, 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: September 10, 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 [PROPOSED] ORDER
EXTENDING DEADLINES
CASE NO. 2:15-cv-01952-TLN-EFB

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SHORELINE, A Law Corporation

Dated: September 10, 2018

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By

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

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STIP AND [PROPOSED] 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:

April 26, 2019

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Expert disclosure:

June 28, 2019

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Expert rebuttal:

July 18, 2019

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Hearing of dispositive motions:

December 5, 2019

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Joint pretrial conference statement:

February 13, 2020

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Pretrial conference:

February 20, 2020, at 2:00 PM

Trial:

April 27, 2020, at 9:00 AM

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IT IS SO ORDERED.

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Dated: September 10, 2018

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Troy L. Nunley
United States District Judge

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

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