I.F. et al v. City of Vallejo et al

Filing 34

STIPULATION and ORDER signed by District Judge John A. Mendez on 10/9/19 ORDERING that the deposition of Defendant Ryan McMahon is STAYED and the case management and trial dates are CONTINUED as follows: Expert disclosures due 3/4/2020, Rebuttal exp ert disclosures due 3/25/2020, Discovery due 5/27/2020, Dispositive Motions filed by 6/30/2020, hearing on dispositive motions is 7/28/2020 at 1:30 p.m.. Pretrial Conference is set for 10/16/2020 at 10:00 AM, and the Trial is set for 12/7/2020 at 09:00 AM, BOTH in Courtroom 6 (JAM) before District Judge John A. Mendez. A joint pretrial statement shall be filed no later than 10/9/2020. A joint Status Report shall be filed on or before 4/20/2020. (Kastilahn, A)

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MICHAEL J. HADDAD (State Bar No. 189114)
JULIA SHERWIN (State Bar No. 189268)
MAYA RODRIGUEZ 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 Plaintiff I.F.

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JOHN L. BURRIS, Esq., SBN 69888
ADANTE D. POINTER, Esq., SBN 236229
PATRICK M. BUELNA, Esq., SBN 317043
LAW OFFICES OF JOHN L. BURRIS
Airport Corporate Center
7677 Oakport St., Suite 1120
Oakland, CA 94621
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs R.F., Paula McGowan, and Ronell Foster Sr.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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I.F., by and through her guardian ad litem SHASTA
SKINNER, individually and as successor-in-interest to
Decedent RONELL FOSTER; R.F., by and through his
guardian ad litem SHENA BATTEN, individually and
as successor-in-interest to Decedent RONELL
FOSTER; PAULA MCGOWAN, individually; and
RONELL FOSTER, SR., individually.
Plaintiffs,

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vs.
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CITY OF VALLEJO, a municipal corporation; RYAN
MCMAHON, individually and in his official capacity as
a Police Officer for the CITY OF VALLEJO; and
DOES 1-50, inclusive.
Defendants.

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No: 2:18-cv-00673-JAM-CKD
STIPULATION AND ORDER TO
STAY DISCOVERY
AS TO DEFENDANT MCMAHON
AND EXTEND CASE MANAGEMENT AND TRIAL DATES

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No: 2:18-cv-00673-JAM-CKD STIPULATION AND ORDER TO STAY DISCOVERY AND VACATE DATES

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The parties respectfully request that the Court stay only the deposition of Defendant Ryan

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McMahon (while continuing to exchange all written discovery) and extend all dates out by

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approximately four months.

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The parties respectfully request that, subject to the Court’s calendar, the Court modify the
case management and trial dates as follows:
Case Event

Current Date

Proposed Date

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1. Expert disclosures

November 4, 2019

March 4, 2020

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2. Rebuttal expert
disclosures
3. Joint Statement
summarizing all law
and motion
4. Close of discovery

November 25, 2019

March 25, 2020

December 20, 2019

April 20, 2020

January 27, 2020

May 27, 2020

5. Filing of
Dispositive Motions
6. Hearing on
dispositive motions
7. Pretrial conference

February 24, 2020

June 30, 2020

March 24, 2020

July 28, 2020 at 1:30 p.m.

May 1, 2020

8. Trial

August 2020

October 16, 2020 at 10:00 a.m.
The parties joint pretrial
statement shall be filed no
later than October 9, 2020.
December 7 , 2020 at 9:00 a.m.

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Good Cause Regarding the Above Request:
Ronell Foster Jr. was shot and killed by Defendant McMahon on February 13, 2018. The
initial complaint was filed on May 1, 2018. As of the filing of this stipulation, the District
Attorney for the County of Solano is still investigating the shooting death of Ronell Foster Jr.
Consequently, Defendant McMahon notified the parties that he will be invoking his Fifth
Amendment right against self-incrimination in any deposition related to the instant case.
Defendant McMahon’s attorney through his union informed all parties, including the City of
Vallejo, about this intention just last month when the parties were working to set up Defendant

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No: 2:18-cv-00673-JAM-CKD STIPULATION AND ORDER TO STAY DISCOVERY AND VACATE DATES

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McMahon’s deposition. Plaintiffs proceeded with depositions of witness officers and have

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completed five.

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It is unclear when Solano County’s investigation will conclude. Without Defendant

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McMahon’s deposition testimony, the parties are unable to proceed with expert reports, expert

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discovery, dispositive motions, trial preparation, or with trial. While Solano County continues to

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investigate Mr. Foster’s death, the parties can continue to exchange written discovery and depose

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other parties, persons most knowledgeable, and witnesses to the incident.

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For this reason, the parties respectfully request that the Court stay deposition discovery as
to Defendant McMahon, and modify the scheduling order for good cause as shown herein. The

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City of Vallejo will inform all parties within seven (7) days upon learning of the conclusion of the

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investigation by the District Attorney of Solano County into Ronell Foster’s death. The parties

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also request a status conference in approximately three months in order to update the Court about

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the progress of the criminal investigation.

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15 DATED: October 4, 2019

HADDAD & SHERWIN LLP

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By:/s/ Maya Rodriguez Sorensen

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MAYA RODRIGUEZ SORENSEN
Attorneys for Plaintiff I.F.

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DATED: October 4, 2019

City Attorney for the City of Vallejo

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/s/ Timothy R. Smyth
TIMOTHY R. SMYTH
Deputy City Attorney
Attorney for Defendants,
CITY OF VALLEJO, et al.

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DATED: October 9, 2019

Law Offices of John Burris

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No: 2:18-cv-00673-JAM-CKD STIPULATION AND ORDER TO STAY DISCOVERY AND VACATE DATES

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/s/ Patrick Buelna
PATRICK BUELNA
Attorney for Plaintiffs, R.F., et al.
ORDER

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Based on the parties’ stipulation, and with good cause appearing therefore,
IT IS HEREBY ORDERED:
The deposition of Defendant Ryan McMahon is stayed and the case management and trial

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dates are continued as outlined in the chart above. Further, the Court orders an updated joint Status

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Report shall be filed on or before April 20, 2020.

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DATED: October 9, 2019

/s/ John A. Mendez_____________

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Hon. John A. Mendez
U. S. District Court Judge

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No: 2:18-cv-00673-JAM-CKD STIPULATION AND ORDER TO STAY DISCOVERY AND VACATE DATES

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