Thomas v. Sacramento County et al

Filing 57

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 3/28/2019 ORDERING the deadlines RESET as follows: Discovery due by 9/25/2019, Designation of Expert Witnesses due by 11/22/2019, with Expert Rebuttal due by 12/13/2019, Dispositive Mo tions to be heard by 5/14/2020, Joint Pretrial Conference Statement due by 7/16/2020. The Pretrial Conference is reset for 7/23/2020 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley, and Trial is reset for 9/28/2020 at 09:00 AM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Huang, H)

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PAUL L. REIN, Esq. (SBN 43053)
AARON M. CLEFTON (State Bar No. 318680)
REIN & CLEFTON, Attorneys at Law
200 Lakeside Drive, Suite A
Oakland, CA 94612
Telephone: [phone]
Facsimile: 510/832-4787
[e-mail]

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Attorneys for Plaintiff
EARL THOMAS

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* 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,
Plaintiff,

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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,

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STIPULATION AND ORDER
CONTINUING ALL DEADLINES AND
TRIAL DATE

v.

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

Defendants.
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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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 April 27, 2020, trial date and all associated pretrial case

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deadlines. This third 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 April 26, 2019; the

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Parties need additional time to conduct discovery in this matter. Dkt. No. 55. 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 five months, including continuing the trial date from April 27, 2020, to

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September 28, 2020, and request continuing the associated case deadlines as follows:
STIP AND ORDER
EXTENDING DEADLINES
CASE NO. 2:15-cv-01952-TLN-EFB

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Fact discovery cut-off:

September 25, 2019

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Expert disclosure:

November 22, 2019

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Expert rebuttal:

December 13, 2019

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Hearing of dispositive motions:

May 7, 2020

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Joint pretrial conference statement:

July 16, 2020

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Pretrial conference:

July 23, 2020

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Trial:

September 28, 2020

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Dated: March 28, 2019

REIN & CLEFTON

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By

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/s/ Aaron Clefton
AARON CLEFTON
Attorneys for Plaintiff
EARL THOMAS

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LONGYEAR, O’DEA & LAVRA, LLP

Dated: March 28, 2019

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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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SHORELINE, A Law Corporation

Dated: March 28, 2019

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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 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:

September 25, 2019

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Expert disclosure:

November 22, 2019

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Expert rebuttal:

December 13, 2019

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Hearing of dispositive motions:

May 14, 2020

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Joint pretrial conference statement:

July 16, 2020

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Pretrial conference:

July 23, 2020, at 2:00 PM

Trial:

September 28, 2020, at 9:00 AM

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IT IS SO ORDERED.

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Dated: March 28, 2019

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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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