Houston v. City of Fairfield et al

Filing 76

STIPULATION and ORDER signed by Senior District Judge John A. Mendez on 07/02/24 EXTENDING the Expert Discovery cutoff through and including 07/10/24. (Licea Chavez, V)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Panos Lagos, Esq. / SBN 61821 LAW OFFICES OF PANOS LAGOS 6569 Glen Oaks Way Oakland, CA 94611 T: (510) 530-4078 x 101 F: (510) 530-4725 panos@panoslagoslaw.com Sanjay S. Schmidt (SBN 247475) LAW OFFICE OF SANJAY S. SCHMIDT 1388 Sutter Street, Suite 810 San Francisco, CA 94109 Tel. (415) 563-8583 Fax (415) 223-9717 e-mail: ss@sanjayschmidtlaw.com Attorneys for Plaintiff, DANIELLE N. HOUSTON PATRICK MORIARTY, State Bar No. 213185 pmoriarty@cmtrlaw.com JOHN B. ROBINSON, State Bar No. 297065 jrobinson@cmtrlaw.com CASTILLO, MORIARTY, TRAN & ROBINSON, LLP 75 Southgate Avenue Daly City, CA 94015 Telephone: (415) 213-4098 Attorneys for Defendants CITY OF FAIRFIELD, JOSHUA SMITH, RUSSELL TAYLOR, DAVID REEVES, and GAIL HILL CARL L. FESSENDEN, State Bar No. 161494 cfessenden@porterscott.com SULI A. MASTORAKOS, State Bar No. 330383 smastorakos@porterscott.com PORTER SCOTT 2180 Harvard Street, Suite 500 Sacramento, CA 95815 Telephone: (916) 927-3706 Attorneys for Defendant BRENDAN BASSI UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA Stipulation and Order to Continue Expert Discovery Deadline Houston v. City of Fairfield, et al. USDC (E.D. Cal.) Case No.: 2:22-cv-01045-JAM-DB -1- 1 2 3 4 5 6 7 8 9 10 11 12 DANIELLE N. HOUSTON, ) Case No. 2:22-cv-01045-JAM-DB ) Plaintiff, ) STIPULATION AND ORDER TO ) CONTINUE EXPERT DISCOVERY vs. ) DEADLINE ) CITY OF FAIRFIELD, a public entity, )HHon. John A. Mendez City of Fairfield Police Officers JOSHUA SMITH ) (Badge #1730), BRENDAN BASSI (Badge ) Trial: January 27, 2025 #1716), RUSSELL TAYLOR (Badge #1728), ) DAVID REEVES (Badge #927), GAIL HILL ) (Badge #1201), individually, and, DOES 1–50, ) jointly and severally, ) ) Defendants. ) ) ) ) 13 Plaintiff DANIELLE HOUSTON (“PLAINTIFF”), and Defendants City of Fairfield, City 14 of Fairfield Police Officers JOSHUA SMITH, GAIL HILL, RUSSELL TAYLOR, DAVID 15 16 17 REEVES, and BRENDAN BASSI (“DEFENDANTS”), by and between their respective counsel of record, hereby agree and stipulate as follows: 18 1. WHEREAS, the parties have completed non-expert discovery, and expert disclosures 19 were made by both Plaintiff and Defendants, on June 5, 2024, per the current scheduling 20 order. 21 2. WHEREAS, Defendants met-and-conferred with Plaintiff’s counsel and requested to take 22 the deposition of Plaintiff’s expert, on June 25, 2024, and he was produced and deposed 23 on that date; Defendants also requested to depose certain non-retained experts disclosed 24 by Plaintiff, on July 2, 2024, and those depositions have been set for that date, to 25 commence at 10:00 a.m. 26 3. WHEREAS, although it is not required under the Court’s scheduling order and it is not 27 required under the Local Rules of the United States District Court for the Eastern District 28 of California, Plaintiff’s counsel also met-and-conferred with counsel for Defendants Stipulation and Order to Continue Expert Discovery Deadline Houston v. City of Fairfield, et al. USDC (E.D. Cal.) Case No.: 2:22-cv-01045-JAM-DB -2- 1 prior to noticing the depositions of Defendants’ two retained experts, instead of noticing 2 the depositions unilaterally, in order to attempt to set the depositions on a date on which 3 Defendants’ counsel would be available. 4 5 6 7 8 9 10 11 12 13 14 4. WHEREAS, the expert discovery cutoff date under the operative scheduling order is July 5, 2024. ECF No. 56. 5. WHEREAS, unfortunately, the schedules of Plaintiff’s counsel and Defendants’ counsel did not align; Defendants’ counsel related that they were not available on the dates and times proposed by Plaintiff’s counsel prior to the current cutoff date of July 5, 2024, for these two depositions. Due to the impacted schedules of all counsel involved, a date could not be identified that all counsel would be available prior to July 5, 2024. 6. WHEREAS, counsel for the parties met-and-conferred, and were able to identify a mutually available date and time for both of the depositions, which is July 10, 2024; the depositions have been noticed and set for that date. 15 7. WHEREAS, Defendants sought to depose two of Plaintiff’s treating physicians that were 16 disclosed as non-retained experts, on July 2, 2024, but defense counsel’s office was told 17 neither physician would be available on that date. These depositions will need to be 18 rescheduled. A new date has not yet been secured. 19 8. ACCORDINGLY, based on the foregoing circumstances, the parties respectfully request 20 that the expert discovery cutoff date be extended through and including July 10, 2024, to 21 allow for Defendants’ retained experts to be deposed by Plaintiff, for expert discovery to 22 remain open for the purpose of allowing Defendants the opportunity to depose Plaintiff’s 23 two treating physicians until such time as these depositions can be rescheduled, and that 24 all other dates in the scheduling order remain as previously set. 25 IT IS SO STIPULATED AND AGREED. 26 27 28 Respectfully Submitted, Dated: July 2, 2024 LAW OFFICES OF PANOS LAGOS -and- Stipulation and Order to Continue Expert Discovery Deadline Houston v. City of Fairfield, et al. USDC (E.D. Cal.) Case No.: 2:22-cv-01045-JAM-DB -3- LAW OFFICE OF SANJAY S. SCHMIDT 1 2 By: 3 4 5 6 Dated: July 2, 2024 /s/Sanjay S. Schmidt Sanjay S. Schmidt Attorneys for Plaintiff, DANIELLE N. HOUSTON CASTILLO MORIARTY TRAN & ROBINSON 7 8 By: 9 10 Attorneys for Defendants, CITY OF FAIRFIELD, JOSHUA SMITH, RUSSELL TAYLOR, DAVID REEVES, and GAIL HILL 11 12 13 14 /s/Patrick Moriarty PATRICK MORIARTY JOHN ROBINSON Dated: July 2, 2024 PORTER SCOTT 15 16 17 18 19 By: /s/Carl L. Fessenden CARL L. FESSENDEN SULI A. MASTORAKOS Attorneys for Defendant, BRENDAN BASSI 20 21 22 23 24 25 26 27 28 Stipulation and Order to Continue Expert Discovery Deadline Houston v. City of Fairfield, et al. USDC (E.D. Cal.) Case No.: 2:22-cv-01045-JAM-DB -4- 1 2 3 ORDER MODIFYING PRETRIAL SCHEDULING ORDER Based on the stipulation of the parties and good cause appearing therefor, the Pretrial Scheduling Order is MODIFIED as follows: 4 The expert discovery cutoff date shall be EXTENDED through and including July 10, 5 2024, to allow for Defendants’ retained experts to be deposed by Plaintiff, expert discovery 6 shall remain open for the purpose of allowing Defendants the opportunity to depose Plaintiff’s 7 two treating physicians until such time as these depositions can be rescheduled, and all other 8 dates in the operative scheduling order remain as previously set. 9 10 11 12 Dated: July 02, 2024 /s/ John A. Mendez THE HONORABLE JOHN A. MENDEZ SENIOR UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation and Order to Continue Expert Discovery Deadline Houston v. City of Fairfield, et al. USDC (E.D. Cal.) Case No.: 2:22-cv-01045-JAM-DB -5-

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