Estate of Linda Miller et al v. County of Sutter et al

Filing 163

STIPULATION and ORDER signed by District Judge Daniel J. Calabretta on 11/13/23 SETTING the deadlines as follows: Plaintiffs' deadline to oppose Defendants' Joint Motions: 11/16/23; Defendants' deadline to file reply briefs in support of Defendants' Joint Motions: 11/22/23; The hearing date on Defendants' Joint Motions: 11/30/23. (Licea Chavez, V)

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Dan Stormer, Esq. [S.B. #101967]
Hanna Chandoo, Esq. [S.B. #306973]
HADSELL STORMER RENICK & DAI LLP
128 N. Fair Oaks Avenue
Pasadena, California 91103
Telephone: [phone] / Facsimile: [phone]
Emails: [e-mail]
[e-mail]
Dan Siegel, SBN 56400
EmilyRose Johns, SBN 294319
SIEGEL, YEE, BRUNNER & MEHTA
475 14th Street, Suite 500
Oakland, California 94612
Telephone: [phone] / Facsimile: [phone]
Emails: [e-mail]
[e-mail]

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Attorneys for Plaintiffs

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[Additional counsel continued on next page]

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
Estate of LINDA MILLER, by and through Minor
Case No.: 20-cv-00577-DJC-DMC
H.S., by and through his Guardian ad Litem,
RICHARD HYDE, as Administrator; CHRISTINA [Assigned to the Honorable Daniel J. Calabretta –
HYDE; and Minor Plaintiff H.S., by and through
Courtroom 10]
his Guardian ad Litem, RICHARD HYDE,

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Plaintiffs,
v.
COUNTY OF SUTTER; COUNTY OF NEVADA,
SHERIFF BRANDON BARNES, in his individual
capacity; SHERIFF SHANNON MOON, in her
individual capacity; COMMANDER DAN
BUTTLER, in his individual capacity;
LIEUTENANT NORMAN BIDWELL, in his
individual capacity; SERGEANT KRISTIE M.
GARZA, in her individual capacity; BRENDA
FRANKS, in her individual capacity; MARETTE
COOPER, in her individual capacity; JEANETTE
MULLENAX, in her individual capacity;
WELLPATH; H.I.G. CAPITAL, LLC;
CALIFORNIA FORENSIC MEDICAL GROUP
(AKA Correctional Medical Group Companies,
Inc. and AKA WELLPATH); TAYLOR
FIFTHIAN, in his official and individual
capacities; KIP HALLMAN, in his official and
individual capacities; ASHLEY MOSELEY; and
DOES 2-20,
Defendants.
JOINT STIP TO ADVANCE HEARING
DATE FOR JOINT DEFENSE MOTIONS

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JOINT STIPULATION AND ORDER TO
ADVANCE HEARING DATE FOR JOINT
DEFENSE MOTIONS FILED AT DKT. NOS.
160 AND 161
Complaint filed:
Trial Date:

March 16, 2020
October 15, 2024

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[Counsel continued from previous page]
Gregory B. Thomas (SBN 239870)
Temitayo O. Peters (SBN 309913)
Jasper L. Hall (SBN 341113)
BURKE, WILLIAMS & SORENSEN, LLP
1901 Harrison Street, Suite 900
Oakland, CA 94612-3501
Tel: [phone] Fax: [phone]
E-mail: [e-mail], [e-mail], [e-mail]
Attorneys for Defendants County of Sutter, Sheriff Brandon Barnes, Commander Dan Butler, Lieutenant
Norman Bidwell, and Sergeant Kristie M. Garza
Lindsey M. Romano (SBN: 337600)
GORDON REES SCULLY MANSUKHANI, LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendants BRENDA FRANKS, WELLPATH, CALIFORNIA FORENSIC MEDICAL
GROUP, KIP HALLMAN

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RIVERA HEWITT PAUL LLP
JONATHAN B. PAUL, SBN 215884
WENDY MOTOOKA, SBN 233589
11341 Gold Express Drive, Suite 160
Gold River, California 95670
Telephone: [phone] Fax: [phone]
Email: [e-mail] [e-mail]

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Attorneys for Defendants COUNTY OF NEVADA, JEANNETTE MULLENAX

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[Counsel cont. from previous page]

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MAYALL HURLEY, P.C.
A Professional Corporation
2453 Grand Canal Boulevard
Stockton, California 95207-8253
Telephone: [phone]
MARK E. BERRY, ESQ.
CA State Bar No. 155091

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Attorneys for Defendant,
ASHLEY MOSELEY

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JOINT STIP TO ADVANCE HEARING
DATE FOR JOINT DEFENSE MOTIONS

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Counsel for Plaintiffs Estate of Linda Miller, Christina Hyde, and minor H.S. and counsel for

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Defendants County of Sutter, Sheriff Brandon Barnes, Commander Dan Buttler, Lieutenant Norman

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Bidwell, Sergeant Kristi M. Garza, Brenda Franks, Ashley Moseley, California Forensic Medical Group

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(aka Wellpath), County of Nevada, Jeannette Mullenax, and Kip Hallman (collectively, the “Parties”) by

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and through their counsel of record, stipulate to the following:

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1.

On November 2, 2023, Defendants filed a Joint Motion to Reopen Non-expert Discovery

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for Limited Purpose and Continue Expert Discovery Deadlines, ECF No. 160, and a Joint Motion to

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Compel the Mental Examination of minor Plaintiff H.S., ECF No. 161 (collectively, “Defendants’ Joint

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Motions”).

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2.

Defendants obtained from the Court the first available hearing date for Defendants’ Joint

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Motions, which was January 4, 2024. Fact discovery ended on October 9, 2023. Presently, the expert

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disclosure deadline is November 13, 2023, and the rebuttal expert disclosure deadline is December 4,

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2023. ECF No. 145.

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3.

On November 3, 2023, Defendants informed Plaintiffs of their intent to file an ex parte

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motion to have Defendants’ Joint Motions heard sooner than January 4, 2024, requested Plaintiffs’

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position as required by Local Rule 144 and the Court’s Standing Order in Civil Cases, and asked

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Plaintiffs for their availability to meet and confer.

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4.

On November 6, 2023, Plaintiffs provided Defendants with their availability to meet and

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On November 7, 2023, Defendants confirmed their meet and confer availability, provided

confer.

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Plaintiffs with a copy of their draft ex parte motion to have Defendants’ Joint Motions heard sooner, and

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again requested Plaintiffs’ position on same.

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6.

Upon reviewing Defendants’ draft ex parte motion, Plaintiffs proposed that the Parties

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enter into a stipulation to advance the hearing date on Defendants’ Joint Motions, rather than use the

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Court’s emergency procedures. The Parties propose the following schedule for the Court’s consideration:

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a.

Plaintiffs’ deadline to oppose Defendants’ Joint Motion to Reopen Non-Expert

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Discovery for Limited Purpose and Continue Expert Discovery Deadlines, ECF No. 160, is

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November 16, 2023. Defendants’ deadline to file their corresponding reply brief is November 22,
JOINT STIP TO ADVANCE HEARING
DATE FOR JOINT DEFENSE MOTIONS

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2023.

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b.

The Parties’ deadline to file the Joint Statement re Discovery Disagreement in

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support of Defendants’ Joint Notice of Motion and Motion to Compel Mental Examination is

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November 22, 2023.

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c.
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The hearing date on Defendants’ Joint Motions is November 30, 2023.

The Parties’ expert disclosure deadline is November 13, 2023, and their rebuttal expert

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disclosure deadline is December 4, 2023. Defendants believe it makes sense to continue both deadlines

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until after the hearing on Defendants’ Joint Motions and note:

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a.

The Court previously granted the parties’ three prior stipulations to continue

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certain deadlines set by the Court’s Scheduling Orders. See Dkt. No. 122, 123, 144, 145, 148,

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149.

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b.

The Court also previously denied Defendants’ defense only stipulation to briefly

continue the non-expert discovery cutoff. Dkt. Nos. 156, 159.

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c.

A brief continuation of the expert disclosure and rebuttal expert disclosure

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deadlines to accommodate an earlier hearing on Defendants’ Joint Motions will have no impact

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on the remaining deadlines set by the Court’s Scheduling Orders, with the next occurring one

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being the expert discovery cutoff, which is set for March 1, 2024. Dkt. No. 145.

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8.

Plaintiffs disagree and do not believe this stipulation is the proper vehicle through which

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to raise a disputed issue. Defendants have already filed a motion seeking to continue the expert disclosure

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deadlines. See ECF No. 160. Plaintiffs will file their opposition to that motion on November 16, 2023.

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Plaintiffs ask the Court to rule on the propriety of a continuance after Defendants’ motion is fully briefed

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and taken under submission. If the Joint Defense Motions are denied, continuing the expert disclosure

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deadlines will unnecessarily delay this case. If the Joint Defense Motions are granted, Plaintiffs are

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confident the Court will be able to fashion an appropriate remedy and schedule for the Parties. At

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minimum, Plaintiffs ask the Court to wait until after reviewing Plaintiffs’ opposition brief before

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deciding whether to continue the expert disclosure deadlines..

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IT IS SO STIPULATED.
JOINT STIP TO ADVANCE HEARING
DATE FOR JOINT DEFENSE MOTIONS

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Respectfully Submitted,
Dated: November 9, 2023

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By:

/s/ Hanna Chandoo
Dan Stormer
Hanna Chandoo
Attorneys for Plaintiffs

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HADSELL STORMER RENICK & DAI LLP

Dated: November 9, 2023

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SIEGEL, YEE, BRUNNER & MEHTA
By:

/s/ EmilyRose Johns
EmilyRose Johns
Attorneys for Plaintiffs

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Dated: November 9, 2023

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BURKE, WILLIAMS & SORENSEN, LLP
By:

/s/ Gregory B. Thomas
Gregory B. Thomas
Temitayo O. Peters
Attorneys for Defendants County of Sutter, Sheriff Brandon
Barnes, Commander Dan Butler, Lieutenant Norman
Bidwell, and Sergeant Kristie M. Garza

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Dated: November 9, 2023

GORDON REES SCULLY MANSUKHANI, LLP
By:

/s/ Lindsey Romano
Lindsey Romano
Attorneys for Defendant
BRENDA FRANKS, WELLPATH, CALIFORNIA
FORENSIC MEDICAL GROUP, KIP HALLMAN

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Dated: November 9, 2023

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RIVERA HEWITT PAUL LLP
By:

/s/ Jonathan B. Paul
Jonathan B. Paul
Wendy Motooka
Attorneys for Defendants
COUNTY OF NEVADA, JEANNETTE MULLENAX

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JOINT STIP TO ADVANCE HEARING
DATE FOR JOINT DEFENSE MOTIONS

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Dated: November 9, 2023

MAYALL HURLEY, P.C.

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By:

/s/ Mark E. Berry
Mark E. Berry
Attorneys for Defendant
ASHLEY MOSELEY

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ATTESTATION
I, Hanna Chandoo, attest that all other signatures listed, and on whose behalf this filing is
submitted, concur in the filing’s contents and have authorized the filing.
/s/ Hanna Chandoo
Hanna Chandoo

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JOINT STIP TO ADVANCE HEARING
DATE FOR JOINT DEFENSE MOTIONS

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ORDER
Based on the Parties’ stipulated request and good cause appearing, the Court grants the Parties’
stipulation as follows:

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a.

Plaintiffs’ deadline to oppose Defendants’ Joint Motions is November 16, 2023.

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b.

Defendants’ deadline to file reply briefs in support of Defendants’ Joint Motions is

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November 22, 2023.
c.

The hearing date on Defendants’ Joint Motions is November 30, 2023.

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IT IS SO ORDERED.

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Dated: November 13, 2023

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

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JOINT STIP TO ADVANCE HEARING
DATE FOR JOINT DEFENSE MOTIONS

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