Brown v. Elk Grove Unified School District

Filing 30

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 12/10/2018 ORDERING the following deadlines EXTENDED: Non-expert discovery EXTENDED to 1/21/2019; Expert disclosures EXTENDED to 3/1/2019; Supplemental expert disclosures EXTENDED to 4/1/2019; Expert discovery cutoff EXTENDED to 5/5/2019.(Washington, S)

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Jay T. Jambeck (SBN # 226018)
[e-mail]
Mandy G. Leigh (SBN # 225748)
[e-mail]
Damien B. Troutman (SBN # 286616)
[e-mail]
LEIGH LAW GROUP, P.C.
870 Market St., Suite 1157
San Francisco, CA 94102
Office: [phone]
Fax: [phone]
Attorneys for Plaintiff
ISAIAH BROWN
SPINELLI, DONALD & NOTT
A Professional Corporation
Domenic D. Spinelli (SBN: 131192)
Evan M. McLean (SBN: 309756)
815 S Street, Second Floor
Sacramento, CA 95811
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
ELK GROVE UNIFIED SCHOOL DISTRICT

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IN THE UNITIED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ISAIAH BROWN,

Case No.: 2:17-cv-00396-KJM-DB

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Plaintiff,
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v.

ELK GROVE UNIFIED SCHOOL
DISTRICT,

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STIPULATION AND ORDER TO EXTEND
DISCOVERY DEADLINES

Defendant.

Notice of Removal: February 23, 2017
FAC Filed: April 14, 2017
Trial Date: Not yet set

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STIPULATION & ORDER

(Case No. 2:17-CV-00396-KJM-DB)

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TO THE COURT AND ALL PARTIES AND THEIR COUNSEL OF RECORD:
Pursuant to Fed. R. Civ. P. 16 and this Court’s Local Rules 143-44, Plaintiff ISAIAH

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BROWN (“Plaintiff”) and Defendant ELK GROVE UNIFIED SCHOOL DISTRICT

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(“Defendant”), by and through their counsel of record, hereby agree and stipulate as follows:

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1.

On January 25, 2018, the Court ordered the completion of non-expert discovery by

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Friday, December 7, 2018. (Dkt. # 24, 2:6-7). Additionally, the Court ordered expert disclosures
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by February 1, 2019; supplemental expert disclosures by March 1, 2019; and the completion of
expert discovery by April 5, 2019. (Id. at 2:18-25 & 3:21).

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2.

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including completing Plaintiff’s deposition on November 27, 2018. However, both parties

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In addition to written discovery, the parties have diligently taken discovery in this matter,

contemplate additional discovery, particularly depositions, before the non-expert discovery

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deadline to assess the possibility of informal resolution, and to determine whether summary
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judgment motion practice will be necessary.
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3.

Accordingly, the parties stipulate and request amendment of the above-mentioned

discovery deadlines to the following dates:
a.
b.
c.
d.

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Non-expert discovery cutoff: January 21, 2019
Expert disclosures: March 1, 2019
Supplemental expert disclosures: April 1, 2019
Expert discovery cutoff: May 5, 2019

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4.

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v. Crown Equipment Corporation, 2011 WL 6303408, at *2 (N.D. Cal. Dec. 16, 2011) (citing

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Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992) (stating that “good

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The parties agree that “good cause” exists for these requested amendments. See Schaffner

cause” exists when a deadline “cannot reasonably be met despite the diligence of the party

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seeking the extension.”); Hood v. Hartford Life & Accident Ins. Co., 567 F.Supp.2d 1221, 1224
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2
STIPULATION & ORDER

(Case No. 2:17-CV-00396-KJM-DB)

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(E.D. Cal. 2008) (providing that good cause is established by showing (1) diligence in assisting

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the creation of a workable Rule 16 order; (2) noncompliance with a Rule 16 deadline occurred

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or will occur, notwithstanding the parties’ diligence to comply, because of the development of

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matters which could not have been reasonably foreseen or anticipated at the time of the Rule 16

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scheduling conference; and (3) diligence in seeking amendment of the Rule 16 order, once it

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became apparent that the parties could not comply with the order).
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5.

The parties do not discern any prejudice to themselves or the Court by these requested

extensions, as no trial date as been set. (Dkt. # 24, 5:17-21).
6.

Neither party has previously requested amendment of the scheduling order in this matter.
ACCORDINGLY, THE PARTIES STIPULATE AND RESPECTFULLY REQUEST

AMENDMENT OF THE SCHEDULING ORDER AS FOLLOWS:

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a.
b.
c.
d.

Non-expert discovery cutoff: January 21, 2019
Expert disclosures: March 1, 2019
Supplemental expert disclosures: April 1, 2019
Expert discovery cutoff: May 5, 2019

IT IS SO STIPULATED THROUGH COUNSEL:

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Date: December 6, 2018

LEIGH LAW GROUP, P.C.
/s/ Damien B. Troutman
DAMIEN B. TROUTMAN
Attorney for Plaintiff
ISAIAH BROWN

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Date: December 6, 2018

SPINELLI, DONALD & NOTT

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/s/ Domenic D. Spinelli
DOMENIC D. SPINELLI
EVAN M. MCLEAN
Attorney for Defendant
ELK GROVE UNIFIED SCHOOL
DISTRICT

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STIPULATION & ORDER

(Case No. 2:17-CV-00396-KJM-DB)

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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
DATED: December 10, 2018.

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UNITED STATES DISTRICT JUDGE

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STIPULATION & ORDER

(Case No. 2:17-CV-00396-KJM-DB)