Spies et al v. El Dorado County et al

Filing 100

STIPULATION and ORDER to Modify the Scheduling Order 99 signed by Senior Judge William B. Shubb on 3/7/2018: The discovery cutoff is extended to 6/26/2018. The deadline for Expert Disclosures is extended 7/26/2018. The deadline for Rebuttals th ereto is extended to 8/21/2018. The deadline to file dispositive motions is extended to 8/21/2018. The deadline for depositions of expert witnesses is extended to 9/20/2018. The Pretrial Conference is reset for 11/5/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The Jury Trial date is reset for 1/8/2019 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K)

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AMIE McTAVISH, ESQ., SB No. 242372
Email: [e-mail]
BRUCE A. KILDAY, ESQ. SB No. 066415
Email: [e-mail]
ANGELO, KILDAY & KILDUFF, LLP
Attorneys at Law
601 University Avenue, Suite 150
Sacramento, CA 95825
Telephone: [phone]

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Telecopier: [phone]

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Attorney for Defendants EL DORADO COUNTY, JOHN D’AGOSTINI, RANDY PESHON,
MATT FOXWORTHY, JACKIE NOREN, and MARK HANGEBRAUCK

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAWRENCE SPIES, SR., et al.,

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Plaintiffs,

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vs.

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EL DORADO COUNTY, et al.,
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Defendants.

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Case No.: 2:16-CV-02232−WBS−GGH
STIPULATION AND REQUEST TO
MODIFY PRE-TRIAL SCHEDULING
ORDER PURSUANT TO FRCP 16(b)
[PROPOSED] ORDER THEREON

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WHEREAS, the parties have been pursuing extensive discovery:
a)

approximately 20 depositions have already been taken;

b)

another 12 depositions are noticed or are about to be noticed

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c)

multiple sets of documentary discovery have been exchanged

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WHEREAS a formal settlement demand was submitted last week that will require

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multiple defendants to evaluate. The demand could not have been submitted earlier because of

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the death of plaintiff Lawrence Spies Sr. and the need to formally determine the status of the

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remaining plaintiffs.

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-1STIPULATION AND REQUEST TO MODIFY PRE-TRIAL SCHEDULING
ORDER PURSUANT TO FRCP 16(b) [PROPOSED] ORDER THEREON

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WHEREAS experts must be retained and disclosed in less than two months.

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WHEREAS the parties have tentatively agreed to mediation or court-sponsored

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settlement conference .

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WHEREAS, the parties all agree that extending the time for discovery, and the time of
trial, for approximately 90 days will give the parties an opportunity to evaluate the substantial
discovery that has been developed and to engage in serious negotiations before they are forced to

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incur the costs of the remaining depositions and the cost of retaining experts and submission of
expert reports. The parties believe this will give them all a better chance of resolving this
litigation.

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The parties stipulate and agree that good cause exists to continue the deadlines for

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discovery and for Pre-Trial and Trial dates, and that this modification will cause no prejudice to

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any party herein, or in the lawsuit overall.

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IT IS SO STIPULATED.
Dated: March 7, 2018

ANGELO, KILDAY & KILDUFF, LLP

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/s/ Bruce A. Kilday
By:_________________________________
AMIE McTAVISH
BRUCE A. KILDAY
Attorney for Defendants
EL DORADO COUNTY, JOHN
D’AGOSTINI,
RANDY
PESHON,
MATT
FOXWORTHY,
JACKIE
NOREN, and MARK HANGEBRAUCK

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Dated: March 7, 2018

LAW OFFICES OF STEWART KATZ
/s/ Stewart Katz
As authorized on March 6, 2018
By:_________________________________
STEWART KATZ
Attorney for Plaintiffs
LAWRENCE SPIES, SR. and LINDA
SPIES

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-2STIPULATION AND REQUEST TO MODIFY PRE-TRIAL SCHEDULING
ORDER PURSUANT TO FRCP 16(b) [PROPOSED] ORDER THEREON

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Dated: March 7, 2018

SCHUERING, ZIMMERMAN & DOYLE

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/s/ Kat Todd
As authorized on March 6, 2018
By:_________________________________
KAT TODD
Attorney for Defendant
MARSHALL MEDICAL CENTER

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Dated: March 7, 2018

KROLOFF BELCHER, et al.
/s/ Thomas O. Perry
As authorized on March 6, 2018
By:_________________________________
THOMAS O. PERRY
Attorney for Defendants
JOHN J. SKRATT, M.D. and
ALEXIS F. LIESER, M.D.

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Dated: March 7, 2018

LAW OFFICES OF JEROME M.
VARANINI

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/s/ Jerome M. Varanini
As authorized on March 5, 2018
By:_________________________________
JEROME M. VARANINI
Attorney for Defendants CALIFORNIA
FORENSIC MEDICAL GROUP, INC.,
RAYMOND HERR, M.D., ROBIN
HOPE and LISA ISAACSON

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Dated: March 7, 2018

BERTLING & CLAUSEN, L.L.P.

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/s/ Peter Bertling
As authorized on March 6, 2018
By: __________________________
PETER BERTLING
Attorney for Defendant
TAYLOR FITHIAN, M.D.

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-3STIPULATION AND REQUEST TO MODIFY PRE-TRIAL SCHEDULING
ORDER PURSUANT TO FRCP 16(b) [PROPOSED] ORDER THEREON

PROPOSED ORDER

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The Court herein finds good cause exists to modify the Pre-Trial Scheduling Order (ECF

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The discovery cutoff is extended from March 26, 2018 to June 26, 2018.

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The deadline for Expert Disclosures is extended from April 26, 2018 to July 26, 2018

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The deadline for Rebuttals thereto shall be extended from May 21, 2018 to August 21,

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2018
The deadline to file dispositive motions shall be extended from May 21, 2018 to August
21, 2018.
The deadline for depositions of expert witnesses will be extended from June 21, 2018 to
September 20, 2018.
The final pretrial scheduling conference shall be continued from July 30, 2018 to
November 5, 2018 at 1:30 p.m.
The jury trial date shall be continued from September 25, 2018 to January 8, 2019 at
9:00 a.m.

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IT IS SO ORDERED.

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Dated: March 7, 2018

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-4STIPULATION AND REQUEST TO MODIFY PRE-TRIAL SCHEDULING
ORDER PURSUANT TO FRCP 16(b) [PROPOSED] ORDER THEREON