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

Filing 40

STIPULATION and ORDER signed by District Judge John A. Mendez on 2/10/2020 APPROVING 39 Status Report and Stipulation and CONTINUING the case management and trial dates as outlined in the chart: Expert disclosures by 4/8/2020; Rebuttal expert disclosures by 4/22/2020; Joint Statement summarizing all law and motion by 5/11/2020; Close of discovery 6/1/2020. (York, M)

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RANDY RISNER
Interim City Attorney, SBN 172552
BY: TIMOTHY R. SMYTH
Deputy City Attorney, SBN 258661
CITY OF VALLEJO, City Hall
555 Santa Clara Street
Vallejo, CA 94590
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Defendants,
CITY OF VALLEJO, RYAN McMAHON
MICHAEL J. HADDAD (State Bar No. 189114)
JULIA SHERWIN (State Bar No. 189268)
TERESA ALLEN (State Bar No. 264865)
HADDAD & SHERWIN LLP
505 Seventeenth Street
Oakland, California 94612
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff I.F., through her Next Friend,
SHASTA SKINNER

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JOHN L. BURRIS, Esq., SBN 69888
ADANTE D. POINTER, Esq., SBN 236229
LATEEF H. GRAY, Esq., SBN 250055
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]
Attorneys for Plaintiffs R.F., through his guardian ad litem
SHENA BATTEN, PAULA MCGOWAN,
and RONELL FOSTER, SR.

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Case No. 2:18-cv-00673-JAM-CKD

Joint Status Report
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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I.F., by and through her Next Friend,
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.

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Case No: 2:18-cv-00673-JAM-CKD
JOINT STATUS REPORT AND
STIPULATION AND ORDER

Plaintiffs,
vs.

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CITY OF VALLEJO; a municipal
corporation; RYAN McMAHON, individually
as a Police Officer for the CITY OF
VALLEJO; and DOES 1-50, inclusive,
jointly and severally,

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Defendants.

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On October 9, 2019, this Court entered an order staying discovery of this case
as to Defendant Officer Ryan McMahon while the District Attorney for the County of

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Solano investigated the underlying case to determine whether to bring criminal

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charges. This investigation was completed as of Friday, January 31, 2020, with the

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District Attorney deciding not to prosecute Defendant Officer McMahon.

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Pursuant to this Court’s order, counsel for the City notified all parties on Monday,

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February 3, 2020, regarding the District Attorney’s decision. As such, the Plaintiffs now

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seek to depose Officer McMahon, which is currently set for February 27, 2020.

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Given the above, the parties respectfully request that, subject to the Court’s

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calendar, the Court modify the case management and trial dates for this matter as

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follows:

Case No. 2:18-cv-00673-JAM-CKD

Joint Status Report
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1

Case Event

Current Date

Proposed Date

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1. Expert disclosures

March 4, 2020

April 8, 2020

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2. Rebuttal expert disclosures

March 25, 2020

April 22, 2020

3. Joint Statement
summarizing all law and
motion
4. Close of discovery

April 20, 2020

May 11, 2020

May 27, 2020

June 1, 2020

5. Filing of Dispositive
Motions

June 30, 2020

UNCHANGED

6. Hearing on dispositive
motions

July 28, 2020

UNCHANGED

7. Pretrial conference

October 16, 2020

UNCHANGED

8. Trial

December 7, 2020

UNCHANGED

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Good Cause Regarding the Above Request:
Discovery as to Defendant McMahon was stayed until January 31, 2020 – the

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date of the DA’s investigation being concluded. Defendant McMahon’s deposition

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testimony is integral to the case, and the experts for all parties shall need his testimony

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to develop their respective opinions. Defendant McMahon’s deposition is now set for

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February 27, 2020, and under the current timelines for the case, there is not enough

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time for Defendant McMahon’s testimony to be transcribed with copies then provided to

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experts for review and to develop opinions. The parties agree that good cause exists

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to extend the deadlines as outlined above so as to be able to complete the necessary

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discovery in this action. These changes will not affect deadlines for dispositive motions

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or the pretrial conference and trial dates.

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DATED: February 7, 2020

Respectfully submitted,

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_/s/ Timothy R. Smyth
TIMOTHY R. SMYTH
Deputy City Attorney
Attorney for Defendants

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Case No. 2:18-cv-00673-JAM-CKD

Joint Status Report
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DATED: February 7, 2020
/s/ Adante Pointer
Adante Pointer
Attorneys for Plaintiffs, R.F., Paula
McGowan, and Ronell Foster, Sr.
Law Offices of John Burris

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DATED: February 7, 2020
/s/ Michael Haddad
Michael Haddad
Attorneys for Plaintiff, I.F.
Haddad & Sherwin LLP

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ORDER
Based on the parties’ stipulation, and with good cause appearing therefore,
IT IS HEREBY ORDERED:
The case management and trial dates are continued as outlined in the chart above.

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DATED: 2/10/2020

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/s/ John A. Mendez________
Hon. John A. Mendez
U. S. District Court Judge

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Case No. 2:18-cv-00673-JAM-CKD

Joint Status Report
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