Sanders, et al., v. County of Siskiyou, et al.,

Filing 19

STIPULATION and ORDER to Modify the Scheduling Order 18 signed by Senior Judge William B. Shubb on 3/7/2018: IT IS HEREBY ORDERED that the previous 14 Scheduling Order entered on 9/28/2017 is hereby modified, and that the following dates are s et: Expert Disclosure deadline: 10/19/2018; Fact and Expert Discovery deadline: 11/19/2018; Motion Filing deadline: 1/8/2019. The Pretrial Conference is reset for 4/15/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The Jury Trial date is reset for 6/25/2019 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K)

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MICHAEL J. HADDAD (State Bar No. 189114)
JULIA SHERWIN (State Bar No. 189268)
MAYA SORENSEN (State Bar No. 250722)
TERESA ALLEN (State Bar No. 264865)
HADDAD & SHERWIN LLP
505 Seventeenth Street
Oakland, California 94612
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs Ross Sanders, Donna Sanders,
Danielle Erin Nielsen, Ab. S., Ad. S., E.S., and L.S
JAMES A. WYATT (State Bar No. 081128)
3575 Sunset Drive (96001)
Post Office Box 992338
Redding, California 96099-2338
Telephone: [phone]
Facsimile: [phone]
Attorney for Defendants County of Siskiyou, Siskiyou County
Sheriff’s Deputy John Zook; Siskiyou County Sheriff’s Deputy Juan Ruiz

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROSS SANDERS, Individually; DONNA
SANDERS, Individually; DANIELLE ERIN
NIELSEN, Individually and as co-Successor in
Interest for Decedent LUKE SANDERS; and Ab.
S., Ad. S., E.S., and L.S., all minors, through their
mother and Next Friend DANIELLE ERIN
NIELSEN, Individually and as co-Successors in
Interest for Decedent LUKE SANDERS,

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Plaintiffs,
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vs.

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COUNTY OF SISKIYOU, a public entity;
SISKIYOU COUNTY SHERIFF’S DEPUTY
JOHN ZOOK; SISKIYOU COUNTY SHERIFF’S
DEPUTY JUAN RUIZ; and DOES 1–10,
Individually, Jointly and Severally,

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Defendants.

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No: 2:17-cv-01040-WBS-CMK
STIPULATION TO MODIFY
SCHEDULING ORDER AND
(PROPOSED) ORDER
Hon. William B. Shubb

No. 2:17-cv-01040-WBS-CMK: STIPULATION TO MODIFY SCHEDULING ORDER

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Plaintiffs ROSS SANDERS, DONNA SANDERS, AB. S., AD. S., E.S., and L.S. through

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their mother and Next Friend DANIELLE ERIN NIELSON, and Defendants COUNTY OF

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SISKIYOU and SISKIYOU COUNTY SHERIFF’S DEPUTIES JOHN ZOOK and JUAN RUIZ

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will and hereby do move this court to modify its September 21, 2017 Scheduling Order (Doc. 14) to

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extend pretrial dates by approximately ninety days and continue trial to a date on which all counsel

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and parties are available. The Parties propose the following amended dates and deadlines (or as

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soon thereafter that the Court is available):

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 Expert Disclosure deadline: from July 23, 2018 to October 19, 2018

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 Fact and Expert Discovery deadline: from August 22, 2018 to November 19, 2018

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 Motion Filing deadline: from October 15, 2018 to January 8, 2019

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 Pretrial Conference: from January 14, 2019 to April 15, 2019 at 1:30 p.m.

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 Trial: from March 5, 2019 to July 16, 2019

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Good cause exists for this modification of the briefing schedule:
1. Plaintiffs’ counsel time and resources have been necessarily primarily devoted to multiple

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pending wrongful death cases, including cases set for trial in August and October, 2018, and

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another multi-party wrongful death case against Mendocino County and its jail medical

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providers involving 24 expert witnesses, including rebuttal experts. (Neuroth v. Mendocino

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County, 3:15-cv-03226-RS (E.D.Cal.). The expert depositions are presently being conducted

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in that case and have hindered Plaintiffs’ counsel’s availability.

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2. The parties in the present case have exchanged written discovery and are meeting and

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conferring to try to resolve disagreements concerning requested Sheriff’s Office documents

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and officers’ personnel files. Those disagreements will be resolved soon either by

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agreement or by motion. Plaintiff’s counsel contends that such documents are necessary to

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prepare for the depositions of Defendant officers.

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3. The incident that resulted in decedent’s death took place in Siskiyou County. Plaintiffs’

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counsel are based in Oakland, Defendants’ counsel is in Redding, and Plaintiffs AB. S., AD.

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S., E.S., and L.S., currently reside in Calaveras County, over 350 miles from Siskiyou

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No. 2:17-cv-01040-WBS-CMK: STIPULATION TO MODIFY SCHEDULING ORDER

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County, where Defendants and a majority of the witnesses are located and where the

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depositions will mostly take place. Due to limitations in counsels’ schedules and based on

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the locations of the parties, witnesses, and counsel, depositions have been difficult to

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schedule. The proposed modifications will allow the parties to complete the numerous

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depositions contemplated.

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4. The parties have agreed to set the depositions of Plaintiffs AB. S., AD. S, and their mother

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and Next Friend Danielle Erin Nielson for April 5, 2018 and of Plaintiffs Ross Sanders,

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Donna Sanders, Defendants Siskiyou County Sheriff’s Deputies’ John Zook and Juan Ruiz,

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CHP Officer Benson, and eye-witnesses for June 6, 2018 through June 8, 2018, in Siskiyou

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County.
5. The new proposed schedule would permit counsel to cooperatively complete discovery with

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sufficient time to allow for appropriate expert review of discovery materials, and also would

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permit time to conduct private or court ADR before incurring the costs of expert retention

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and reports.

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6. The parties therefore respectfully request that this Court enter the proposed order.

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IT IS SO STIPULATED

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DATED: March 7, 2018

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HADDAD & SHERWIN
By: /s/ Michael J. Haddad
_________________________
MICHAEL J. HADDAD
Attorneys for all Plaintiffs

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DATED: March 7, 2018

LAW OFFICE OF JAMES A. WYATT

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By: /s/ James A. Wyatt
__________________________
JAMES A. WYATT
Attorney for all Defendants

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No. 2:17-cv-01040-WBS-CMK: STIPULATION TO MODIFY SCHEDULING ORDER

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ORDER
Based on the parties’ stipulation, and with good cause appearing therefore,

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IT IS HEREBY ORDERED that the previous Scheduling Order entered on September 28,
2017 (Doc. 14) is hereby modified, and that the following dates are set:

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Expert Disclosure deadline: October 19, 2018

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Fact and Expert Discovery deadline: November 19, 2018

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Motion Filing deadline: January 8, 2019

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Pretrial Conference: April 15, 2019 at 1:30 p.m.

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Trial: June 25, 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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No. 2:17-cv-01040-WBS-CMK: STIPULATION TO MODIFY SCHEDULING ORDER

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