Saldana v. Spearman et al

Filing 108

STIPULATION and ORDER signed by District Judge Daniel J. Calabretta on 8/16/23 MODIFYING the pretrial scheduling order as follows: Expert Disclosures due by 12/16/23; completion of all expert discovery due by 1/28/24; Plaintiff's Pretrial sta tement and any motions necessary to obtain the attendance of incarcerated witnesses filed on or before 2/14/24; Defendant shall file his pretrial statement on or before 2/27/24. The Final Pretrial Conference is SET for 6/27/2024 at 01:30 PM in Courtroom 10 (DJC) before District Judge Daniel J. Calabretta. The Jury Trial is SET for 8/19/2024 at 09:00 AM in Courtroom 10 (DJC) before District Judge Daniel J. Calabretta. (Kastilahn, A)

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JUSTIN A. PALMER, ESQ [SBN. 270857]
FILER | PALMER, LLP
249 East Ocean Boulevard, Suite 501
Long Beach, CA 90802
Phone:
[phone]
Facsimile:
[phone]
Attorney for Plaintiff,
SAMUEL SALDANA

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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249 East Ocean Boulevard, Suite 501
Long Beach, CA 90802
Telephone [phone]

FILER|PALMER, LLP

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SAMUEL SALDANA
vs.
SPEARMAN, et al.,

2:18-cv-00319-DJC-AC (PC)
SECOND JOINT STIPULATION AND
ORDER FOR EXPERT AND PRETRIAL
DISCOVERY SCHEDULE

Defendant.

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TO THIS HONORABLE COURT:

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By and through their counsel, Plaintiff Samuel Saldana and Defendant hereby agree,

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stipulate, and respectfully request that this Honorable Court modify the current schedule for this

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litigation, as set forth in the Further Scheduling Order dated March 8, 2023 (ECF No. 105).

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This Stipulation and request is made for the following reasons:

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1.

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This is a prisoner civil rights case. Plaintiff, an inmate, is proceeding with the

assistance of appointed pro bono counsel, Justin A. Palmer.
2.

The March 8, 2023 Scheduling Order established the schedule for expert discovery

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and pretrial disclosures, pursuant to the stipulation of the parties. That Order set a deadline of serving

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expert disclosures on or before August 15, 2023. [ECF No. 105].

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3.

Since that time, Plaintiff’s counsel has attempted to identify various experts to render

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opinions on the issues in the case, including Plaintiff’s injuries. Each expert who has been consulted

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advises that Plaintiff would need to undergo a medical evaluation to prepare a comprehensive expert

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report, as required under FRCP 26. However, Plaintiff’s counsel has been unable to identify a

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medical doctor who feels comfortable with traveling to prison and evaluating the Plaintiff. As such,

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18cv0319.o.081623

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SECOND JOINT STIPULATION AND ORDER FOR EXPERT AND PRETRIAL DISCOVERY
SCHEDULE

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Plaintiff’s counsel has not been able to prepare the required disclosures and report before the August

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15, 2023 deadline.

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expenditure of attorney and judicial resources, and permit the parties to complete remaining

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discovery prior to trial.

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249 East Ocean Boulevard, Suite 501
Long Beach, CA 90802
Telephone [phone]

Based on the foregoing, to facilitate trial preparation, avoid the unnecessary

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FILER|PALMER, LLP

4.

WHEREFORE, IT IS HEREBY STIPULATED AND RESPECTFULLY REQUESTED
BY THE PARTIES that:
1. The parties shall serve expert disclosures on or before December 16, 2023. The deadline
for the completion of all expert discovery shall be January 28, 2024.

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2. Plaintiff shall file and serve his pretrial statement and any motions necessary to obtain

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the attendance of incarcerated witnesses at trial on or before February 14, 2024.

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Defendant shall file his pretrial statement on or before February 27, 2024.

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3. The trial in this case, previously set for February 5, 2024 is continued to August 19,
2024.

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Respectfully Submitted,

Dated: August 11, 2023

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FILER | PALMER, LLP

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By:

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Dated: August 11, 2023

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Respectfully submitted,
ROB BONTA
Attorney General of California
JON S. ALLIN
Supervising Deputy Attorney General
/s/
MATTHEW ROSS WILSON
Deputy Attorney General
Attorneys for Defendant
Passwaters

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__________________/s/___________________
Justin A. Palmer
Attorneys for Plaintiff,
SAMUEL SALDANDA

18cv0319.o.081623

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SECOND JOINT STIPULATION AND ORDER FOR EXPERT AND PRETRIAL DISCOVERY
SCHEDULE

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249 East Ocean Boulevard, Suite 501
Long Beach, CA 90802
Telephone [phone]

FILER|PALMER, LLP

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PURSUANT TO THE STIPULATION OF THE PARTIES, this Court hereby
ORDERS :
1. The parties shall serve expert disclosures on or before December 16, 2023. The deadline
for the completion of all expert discovery shall be January 28, 2024.
2. Plaintiff shall file and serve his pretrial statement and any motions necessary to obtain
the attendance of incarcerated witnesses at trial on or before February 14, 2024.
Defendant shall file his pretrial statement on or before February 27, 2024.
3. The parties shall have their final pretrial conference on June 27, 2024 at 1:30 PM.
4. The parties shall have their jury trial on August 19, 2024 at 9:00 AM.
5. The parties are advised that the Court will entertain no further requests for modification
of the pretrial scheduling order absent good cause.

Dated: August 16, 2023

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/s/ Daniel J. Calabretta
THE HONORABLE DANIEL J. CALABRETTA
UNITED STATES DISTRICT JUDGE

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18cv0319.o.081623

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SECOND JOINT STIPULATION AND ORDER FOR EXPERT AND PRETRIAL DISCOVERY
SCHEDULE