Adena et al v. Shasta County et al

Filing 78

STIPULATION and ORDER signed by Senior District Judge Morrison C. England, Jr on 07/08/2024 MODIFYNG 74 The Pretrial Scheduling Order as follows: Close of Fact Discovery due by 11/29/2024; Expert Disclosures concerning Wellpath Corporate Defendants' financial position due by 01/10/2025; Rebuttal Expert Disclosures due by 02/07/2025; Joint Notice of Trial Readiness due by 03/21/2025. (Nair, C)

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1 2 3 4 5 6 MICHAEL J. HADDAD (SBN 189114) JULIA SHERWIN (SBN 189268) BRIAN HAWKINSON (SBN 341856) HADDAD & SHERWIN LLP 505 Seventeenth Street Oakland, CA 94612 Telephone: (510) 452-5500 Facsimile: (510) 452-5510 Attorneys for Plaintiffs 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ) ) ) ) ) ) Plaintiffs, ) vs. ) ) SHASTA COUNTY, a public entity; SHASTA ) COUNTY SHERIFF-CORONER TOM BOSENKO, ) in his individual capacity; CAPTAIN DAVE KENT; ) ) SHASTA COUNTY JAIL DEPUTIES KIRK ) SCHRITTER, DEVIN HURTE, DEPUTY DIAZ, ) EMMANUAL ALCAZAR, ZACHARY JURKIEWICZ, JOSEPH GRADY, NATHANIAL ) ) NEVES, HECTOR CORTEZ; CALIFORNIA FORENSIC MEDICAL GROUP, INC., a California ) ) Corporation; WELLPATH MANAGEMENT, INC., a) Delaware Corporation; WELLPATH LLC, a ) Delaware Limited Liability Company; TRACY ) LEWIS, L.M.F.T.; PAM JOHANSEN, L.C.S.W.; ) DANIEL DELLWO, P.A.; and DOES 1–20; ) individually, jointly and severally, ) ) ) ) ) ) ) ) Defendants. JOHN ADENA, Deceased, by and through his CoSuccessors in Interest, CIRCE ADENA and RICHARD ADENA; CIRCE ADENA, Individually, and RICHARD ADENA, Individually, Case No. 2:21-cv-00770-MCE-DMC STIPULATION AND ORDER TO MODIFY PRETRIAL SCHEDULING ORDER (Doc. 74) 26 27 28 Case No.: 2:21-cv-00770-MCE-DMC: STIP. AND ORDER TO MODIFY SCHEDULING ORDER 1 2 3 4 5 6 All parties, by and through their counsel of record, stipulate and hereby move this Court to modify the Scheduling Order (Doc. 74). Good cause exists to grant the requested extension: 1. This is a complicated wrongful death civil rights case involving Shasta County jail deputies and Wellpath correctional health care personnel. The case involves seventeen named Defendants represented by two separate law firms. The parties are represented by experienced counsel who have worked together before on several cases, and counsel have worked cooperatively 7 8 9 throughout the litigation they have handled together. 2. On August 11, 2023, Plaintiffs filed a First Amended Complaint naming an 10 additional medical corporation, California Forensic Medical Group, Inc., as a defendant. On 11 November 1, 2023, the Wellpath Defendants moved to dismiss Plaintiffs’ First Amended 12 Complaint. The motion was submitted on the papers and is currently pending. 13 3. The parties have engaged in extensive written and deposition discovery and have 14 resolved several discovery disputes through meet and confer efforts. The parties anticipate that 15 16 almost all discovery will be completed within the current deadlines. The exception is for 17 documents and depositions concerning the Wellpath Defendants’ financial condition related to 18 Plaintiffs’ punitive damages claims, concerning which Plaintiffs and corporate Wellpath Defendants 19 are continuing extensive meet and confer efforts. Currently, Wellpath corporate Defendants and 20 their counsel are reviewing Plaintiffs’ demands to produce further unredacted financial records, 21 pursuant to the protective order. If the parties are able to agree on potentially relevant and 22 discoverable documents informally, then after receiving such documents, Plaintiffs will have them 23 24 reviewed by their accounting expert, then Plaintiffs will depose previously noticed Rule (30)(b)(6) 25 Person Most Knowledgeable (PMK) witnesses to be produced by Wellpath Defendants on mutually 26 available dates. If, on the other hand, the parties are not able to agree on potentially relevant and 27 discoverable financial documents, then Plaintiffs and Wellpath Defendants will need to finish 28 Case No.: 2:21-cv-00770-MCE-DMC: STIP. AND ORDER TO MODIFY SCHEDULING ORDER 1 1 drafting a (hopefully more focused) joint discovery brief for resolution by the court on a full 2 discovery motion. If the motion is granted, then Plaintiffs can proceed with expert examination of 3 documents and depositions of Wellpath PMK witnesses. Plaintiffs and Wellpath Defendants 4 estimate that an additional ninety days beyond current deadlines should be sufficient to complete all 5 6 financial position discovery, including a discovery motion if necessary. 4. Furthermore, since the Wellpath financial position discovery necessitating the partial 7 8 9 10 11 12 13 extension of discovery deadlines is only relevant to punitive damages, that financial information in dispute will not be necessary for dispositive motions or for disclosure of other liability and damages-related experts. 5. For these reasons, Plaintiffs and Wellpath Defendants jointly request to carve out approximately 90-day extensions of certain existing pre-trial deadlines to resolve the pending dispute regarding Wellpath financial records and related depositions and expert disclosures. County 14 Defendants would not be affected by this continuance and do not object. 15 16 17 6. The parties therefore stipulate to a brief continuance of limited dates in this matter as follows: 18 Event Current Date New Date 19 20 21 Close of Fact Discovery (not August 23, 2024 including concerning Wellpath corporate Defendants’ financial position) UNCHANGED Close of Fact Discovery concerning Wellpath corporate Defendants’ financial position November 29, 2024 22 23 24 25 26 27 August 23, 2024 Expert Disclosures (not October 11, 2024 including concerning Wellpath corporate Defendants’ financial position) UNCHANGED 28 Case No.: 2:21-cv-00770-MCE-DMC: STIP. AND ORDER TO MODIFY SCHEDULING ORDER 2 1 2 3 4 5 6 7 8 9 10 Expert Disclosures concerning Wellpath corporate Defendants’ financial position October 11, 2024 January 10, 2025 Rebuttal Expert Disclosures November 6, 2024 (not including concerning Wellpath corporate Defendants’ financial position) UNCHANGED Rebuttal Expert Disclosures concerning Wellpath corporate Defendants’ financial position February 7, 2025 November 6, 2024 Joint Notice of Trial Readiness December 20, 2024 (if no dispositive motions) March 21, 2024 Dispositive Motion filing deadline UNCHANGED January 24, 2025 11 12 13 For the foregoing reasons, the parties respectfully request that this Court enter an Order modifying the schedule in this case as set forth above. 14 15 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 16 17 Dated: July 2, 2024 HADDAD & SHERWIN LLP 18 /s/ Michael J. Haddad 19 MICHAEL J. HADDAD Attorneys for Plaintiffs 20 21 22 23 24 25 26 27 Dated: July 2, 2024 MANNING & KASS ELLROD, RAMIREZ, TRESTER LLP /s/ Lynn Carpenter LYNN CARPENTER MILDRED K. O’LINN KAYLEIGH A. ANDERSEN Attorneys for Defendants SHASTA COUNTY; SHERIFF-CORONER TOM BOSENKO; SHASTA COUNTY JAIL CAPTAIN DAVE KENT; DEPUTIES KIRK SCHRITTER, 28 Case No.: 2:21-cv-00770-MCE-DMC: STIP. AND ORDER TO MODIFY SCHEDULING ORDER 3 DEVIN HURTE, OMAR DIAZ, EMMANUEL ALCAZAR, ZACHARY JURKIEWICZ, JOSEPH GRADY, NATHANIAL NEVES, and HECTOR CORTEZ 1 2 3 4 Dated: July 2, 2024 GORDON REES SCULLY MANSUKHANI, LLP 5 6 7 8 9 10 /s/ Allison Becker LINDSEY M. ROMANO ALLISON BECKER Attorneys for Defendants CALIFORNIA FORENSIC MEDICAL GROUP, INC., WELLPATH MANAGEMENT, INC., WELLPATH LLC; TRACI LEWIS, L.M.F.T; PAM JOHANSEN, L.C.S.W.; DANIEL DELLWO, P.A. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No.: 2:21-cv-00770-MCE-DMC: STIP. AND ORDER TO MODIFY SCHEDULING ORDER 4 1 2 3 ORDER Based on the parties’ stipulation, and with good cause appearing, IT IS HEREBY ORDERED that the Pretrial Scheduling Order (Doc. 74) is modified as follows: 4 5 6 7 8 9 10 11 12 13 14 15 Event Current Date New Date Close of Fact Discovery (not August 23, 2024 including concerning Wellpath corporate Defendants’ financial position) UNCHANGED Close of Fact Discovery concerning Wellpath corporate Defendants’ financial position November 29, 2024 August 23, 2024 Expert Disclosures (not October 11, 2024 including concerning Wellpath corporate Defendants’ financial position) UNCHANGED Expert Disclosures concerning Wellpath corporate Defendants’ financial position January 10, 2025 October 11, 2024 16 17 18 19 20 21 22 Rebuttal Expert Disclosures November 6, 2024 (not including concerning Wellpath corporate Defendants’ financial position) UNCHANGED Rebuttal Expert Disclosures concerning Wellpath corporate Defendants’ financial position February 7, 2025 November 6, 2024 Joint Notice of Trial Readiness December 20, 2024 (if no dispositive motions) March 21, 2025 Dispositive Motion filing deadline UNCHANGED 23 24 25 26 January 24, 2025 IT IS SO ORDERED. Dated: July 8, 2024 27 28 Case No.: 2:21-cv-00770-MCE-DMC: STIP. AND ORDER TO MODIFY SCHEDULING ORDER 5

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