Shikman v. County of Lake et al

Filing 51

STIPULATION AND ORDER re 50 STIPULATION WITH PROPOSED ORDER TO CONTINUE FACT DISCOVERY CUTOFF AND OTHER DEADLINES filed by County of Lake, Renee Leffler, Joshua Phillipi, Douglas Aleman, Michael Davis, Kalen Brockwalder, Greg Hosman, Brian Martin, James Rhine, Jared McColough. Signed by Judge Nandor J. Vadas on 8/21/2017. (glm, COURT STAFF) (Filed on 8/21/2017)

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Gregory M. Fox, State Bar No. 070876
Joanne Tran, State Bar No. 294402
BERTRAND, FOX, ELLIOT, OSMAN & WENZEL
The Waterfront Building
2749 Hyde Street
San Francisco, California 94109
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Defendants
County of Lake, Sherriff Brian Martin, Captain Greg Hosman,
Sergeant Renee Leffler, Officer James Rhine, Officer Douglas
Aleman, Officer Jared McColough, Officer Joshua Phillipi,
Deputy Kalen Brockwalder, Deputy Michael Davis

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DANE SHIKMAN,

Case No. 1:16-cv-05121-NJV

Plaintiff,

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STIPULATION AND [PROPOSED] ORDER TO
CONTINUE FACT DISCOVERY CUTOFF AND
OTHER DEADLINES

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v.

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COUNTY OF LAKE; COUNTY OF LAKE
SHERIFF BRIAN MARTIN; CAPTAIN
GREG HOSMAN; SERGEANT RENEE
LEFFLER; OFFICER JAMES RHINE;
OFFICER DOUGLAS ALEMAN; OFFICER
KATHERINE PRINCE; OFFICER JARED
MCCOLOUGH; OFFICER JOSHUA
PHILLIPI; DEPUTY KALEN BROCK
WALDER; DEPUTY MICHAEL DA VIS;
CALIFORNIA FORENSIC MEDICAL
GROUP; TAYLOR FITHIAN, M.D.; ROBBIN
BRIGGS; MONIQUE QUILLEN; MANDY
ROBBINS; ALISHA STOTTSBERRY; and
DOES 1-50;,

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Defendants.
MAGISTRATE JUDGE NANDOR J. VADAS

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE FACT DISCOVERY CUTOFF AND OTHER DEADLINES
Shikman v. County of Lake, et. al., USDC Northern Dist. Case No. 1:16-cv-05121-NJV

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STIPULATION

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Plaintiff DANE SHIKMAN and defendants COUNTY OF LAKE, COUNTY OF LAKE

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SHERIFF BRIAN MARTIN, CAPTAIN GREG HOSMAN, SERGEANT RENEE LEFFLER, OFFICER

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JAMES RHINE, OFFICER DOUGLAS ALEMAN, OFFICER JARED MCCOLLOUGH, OFFICER

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JOSHUA PHILLIPI, DEPUTY KALEN BROCKWALDER, DEPUTY MICHAEL DAVIS (“Lake

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County Defendants”), OFFICER KATHERINE PRINCE (“Defendant Prince”), CALIFORNIA

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FORENSIC MEDICAL GROUP, TAYLOR FITHIAN, M.D., ROBBIN BRIGGS, MONIQUE

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QUILLEN, MANDY ROBBINS, and ALISHA STOTTSBERRY (“CFMG Defendants”, by and through

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their respective attorneys of record, hereby stipulate as follows:

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1.

At the Case Management Conference on December 6, 2016, this Court assigned a Fact

Discovery cutoff date of September 29, 2017 and other deadlines.

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2.

All parties require additional time to complete discovery. Trial is set for June 4, 2018.

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3.

Plaintiff DANE SHIKMAN intends to conduct the following further discovery: (1)

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complete the deposition of defendant ALISHA STOTTSBERRY, (2) depose SHERIFF BRIAN

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MARTIN, (3) depose CAPTAIN GREG HOSMAN, (4) possibly depose other defense and/or other third

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party witnesses as indicated through further discovery.

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4.

The Lake County Defendants and Defendant Prince intends to conduct the following

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further discovery: (1) depose Plaintiff’s father, (2) depose Plaintiff’s uncle, (3) depose Joseph Antaree,

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(4) depose Catherine Clark, (5) depose Vince Belfiore, (6) depose Emily Spura, (7) depose the treating

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physician from Sutter Hospital, (8) review subpoenaed mental health records once they are received and

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possibly depose treating physicians and providers.

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5.

The CFMG Defendants intends to conduct the following further discovery: (1) upon

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receipt of the mental health records of decedent Gaunt, depositions of the primary treating

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medical/mental health providers will be scheduled.

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6.

The parties therefore respectfully request that the Court extend the following deadlines to

the new proposed dates:

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Fact discovery cutoff: Nov. 17, 2017

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Expert disclosures: Dec. 18, 2017
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE FACT DISCOVERY CUTOFF AND OTHER DEADLINES
Shikman v. County of Lake, et. al., USDC Northern Dist. Case No. 1:16-cv-05121-NJV

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Rebuttal experts: Jan. 12, 2018

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Expert discovery cutoff: Feb. 16, 2018

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Dispositive motions due: Feb. 28, 2018

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Dispositive motions oppositions due: March 26, 2018

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Dispositive motions replies due: Apr. 9, 2018

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Dispositive motions Hearing: Apr. 20, 2018

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Trial: remains the same - June 4, 2018

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7.

Good cause exist for this extension of these deadlines because of scheduling difficulties

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with four different law firms and the high number of deponents and their schedules. Furthermore, the

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Order for mental health providers to produce decedent Ms. Elizabeth Gaunt’s mental health records was

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signed and filed on July 28, 2017 and the parties have not yet received the records. The parties will need

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additional time to review the records and possibly depose additional mental health providers.

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8.

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terms in an Order.

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The parties respectfully request that the Court approve this stipulation and incorporate its

IT IS SO STIPULATED.

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Dated: August 16, 2017

ABBEY, WEIZENBERG, WARREN & EMERY

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By: /s/ Michael D. Green
Michael D. Green
Matthew R. Lilligren
Attorneys for Plaintiff
DANE SHIKMAN

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SPINELLI, DONALD & NOTT

Dated: August 16, 2017

By: /s/ Domenic Spinelli ____________
Domenic Spinelli
Attorneys for Defendant
OFFICER KATHERINE PRINCE

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE FACT DISCOVERY CUTOFF AND OTHER DEADLINES
Shikman v. County of Lake, et. al., USDC Northern Dist. Case No. 1:16-cv-05121-NJV

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Dated: August 16, 2017

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BERTRAND, FOX, ELLIOT, OSMAN & WENZEL
By: /s/ Joanne Tran
Gregory M. Fox
Joanne Tran
Attorneys for Defendants
COUNTY OF LAKE, SHERIFF BRIAN
MARTIN, CAPTAIN GREG HOSMAN,
SERGEANT RENEE LEFFLER, OFFICER
JAMES RHINE, OFFICER DOUGLAS
ALEMAN, OFFICER JARED MCCOLLOUGH,
OFFICER JOSHUA PHILLIPI, DEPUTY
KALEN BROCKWALDER, DEPUTY
MICHAEL DAVIS

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Dated: August 16, 2017

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LAW OFFICES OF JEROME M. VARANINI
By: /s/Jerome M. Varanini
Jerome M. Varanini
Attorneys for Defendants
CALIFORNIA FORENSIC MEDICAL GROUP,
TAYLOR FITHIAN, M.D., ROBBIN BRIGGS,
MONIQUE QUILLEN, MANDY ROBBINS,
ALISHA STOTTSBERRY

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ATTORNEY ATTESTATION

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I, Joanne Tran, am the ECF user whose identification and password are being used to file the

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foregoing documents. Pursuant to Civil Local Rule 5.1(i), I hereby attest that the concurrence in the filing

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of these documents have been obtained from each of its Signatories.

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Dated: August 16, 2017

By:

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/s/ Joanne Tran
Joanne Tran

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ORDER
GOOD CAUSE APPEARING THEREFORE, and the parties’ having stipulated to the same, the
parties’ stipulation is hereby APPROVED. The new deadlines are as follows:
Fact discovery cutoff: Nov. 17, 2017

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE FACT DISCOVERY CUTOFF AND OTHER DEADLINES
Shikman v. County of Lake, et. al., USDC Northern Dist. Case No. 1:16-cv-05121-NJV

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Expert disclosures: Dec. 18, 2017

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Rebuttal experts: Jan. 12, 2018

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Expert discovery cutoff: Feb. 16, 2018

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Dispositive motions due: Feb. 28, 2018

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Dispositive motion oppositions due: March 26, 2018

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Dispositive motion replies due: Apr. 9, 2018

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Dispositive motions Hearing: Apr. 20, 2018

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Trial: remains the same - June 4, 2018

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IT IS SO ORDERED.

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8/21/2017

DATED: ____________________

__________________________________________
MAGISTRATE JUDGE NANDOR J. VADAS
United States Magistrate Judge

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE FACT DISCOVERY CUTOFF AND OTHER DEADLINES
Shikman v. County of Lake, et. al., USDC Northern Dist. Case No. 1:16-cv-05121-NJV