Redd, et al v. Daley, et al

Filing 240

STIPULATION AND ORDER re 239 STIPULATION WITH PROPOSED ORDER filed by MIchael D. Daley Discovery due by 3/2/2015. Status Report due by 1/29/2015. Dispositive Motion Hearing set for 4/16/2015 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Status Conference set for 2/5/2015 10:30 AM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 1/13/15. (bpf, COURT STAFF) (Filed on 1/13/2015)

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RISHI N. SHARMA (Cal. State Bar No. 239034)
PETER A. COOPER (Cal. State Bar No. 275300)
PAUL HASTINGS LLP
55 Second Street, 24th Floor
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff
Paul A. Redd, Jr.
KAMALA D. HARRIS
Attorney General of California
DANIELLE F. O'BANNON
Supervising Deputy Attorney General
TRACE O. MAIORINO
Deputy Attorney General
SHARON A. GARSKE
Deputy Attorney General
State Bar No. 215167
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendant
Michael D. Daley
IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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PAUL A. REDD, JR.,

C-98-20429 EMC
Plaintiff, JOINT STIPULATION AND
[PROPOSED] ORDER TO CONTINUE
TRIAL AND DISCOVERY DATES

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v.

(Modified)
STEVEN CAMBRA, JR., et al.,
Defendants.

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Joint Stipulation & Proposed Order Continue Trial & Disco. Dates (C-98-20429 EMC)

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JOINT STIPULATION
1.

Pursuant to Local Rule 6-2, Plaintiff Paul A. Redd, Jr. and Defendant Michael D.

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Daley, by and through their respective counsel of record, hereby jointly stipulate and respectfully

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request the Court enter an order as follows:

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2.

The October 20, 2014, Case Management and Pretrial Order for Jury Trial set the

pre-trial conference date on May 12, 2015, and trial on June 8, 2015. (ECF 234.)
3.

On November 26, 2014, the Court granted the parties’ joint stipulated request to

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continue the discovery deadlines. (ECF 237.) In the Order, the Court set the following discovery

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deadlines:

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Non-expert discovery cut off:

February 2, 2015

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Opening expert reports:

February 2, 2015

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Rebuttal expert reports:

February 23, 2015

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Expert discovery cut off:

March 9, 2015

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4.

Since the Court’s November 26, 2014 order, the parties have continued to engage

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in meaningful discussions regarding settlement of this action and scheduling discovery so as not

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to prejudice their direct settlement discussions.

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5.

Defendant’s counsel recently learned that their expert witness Robert Bruckman,

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M.D., is not available for the June 8, 2015, trial due to a prior commitment. Dr. Bruckman will

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be out of the country from May 31, 2015 to June 22, 2015. Dr. Bruckman has confirmed that he

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would be available to attend and testify at trial the week of June 22, 2015.

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6.

Accordingly, in order for the parties to explore fully the possibility of settlement of

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this action, allow the parties to complete discovery (including Plaintiff’s taking the deposition of

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Defendant Daley and conducting a second independent medical examination), and to allow

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Defendant’s expert to appear and testify at trial, the parties’ respectfully request that the Court

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continue the discovery, pre-trial, and trial deadlines as follows:

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Non-expert discovery cut off:

March 2, 2015

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Opening expert reports:

March 2, 2015

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Rebuttal expert reports:

March 23, 2015
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Joint Stipulation & Proposed Order Continue Trial & Disco. Dates (C-98-20429 EMC)

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Expert discovery cut off:

April 6, 2015

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Last day to hear dispositive motions:

May 7, 2015

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Pre-trial Conference:

May 26, 2015

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Trial:

June 22, 2015

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Dated: January 8, 2015

Respectfully submitted,
RISHI N. SHARMA
PETER A. COOPER
PAUL HASTINGS LLP

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/S/PETER A. COOPER
RISHI SHARMA
PETER A. COOPER
Attorneys for Plaintiff Redd

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Dated: January 8, 2015

Respectfully submitted,

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KAMALA D. HARRIS
Attorney General of California
DANIELLE F. O'BANNON
Supervising Deputy Attorney General

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/S/SHARON A. GARSKE
TRACE O. MAIORINO
SHARON A. GARSKE
Deputy Attorney General
Attorneys for Defendant Daley

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Joint Stipulation & Proposed Order Continue Trial & Disco. Dates (C-98-20429 EMC)

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ORDER

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On the stipulation of the parties, and good cause appearing therefor,

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IT IS ORDERED that the discovery deadlines set in the November 26, 2014, Order

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(ECF 237) and the trial and pre-trial conference dates set in the October 20, 2014, Case

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Management and Pretrial Order for Jury Trial (ECF 234) be and hereby are continued as follows:

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Non-expert discovery cut off:

March 2, 2015

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Opening expert reports:

March 2, 2015

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Rebuttal expert reports:

March 23, 2015

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Expert discovery cut off:

April 6, 2015

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Last day to hear dispositive motions:

May 7, 2015

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Pre-trial Conference:

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Trial:
June 22, 2015
Status conference to be held on 2/5/15 at 10:30 a.m. to
discuss trial date. Updated joint status report due 1/29/15.
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Dated: January __, 2015
S DISTRICT
TE
C
TA Edward M. Chen
United States District Judge

UNIT
ED

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April 16, 2015
May 12, 2015
May 26, 2015June 8, 2015

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D IS T IC T O
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CF1997CX0023
41175052.doc
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Joint Stipulation & Proposed Order Continue Trial & Disco. Dates (C-98-20429 EMC)

CERTIFICATE OF SERVICE
Case Name:

Redd v. Cambra, et al.

No.

C-98-20429 EMC

I hereby certify that on January 8, 2015, I electronically filed the following documents with the
Clerk of the Court by using the CM/ECF system:
JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL AND
DISCOVERY DATES
I certify that all participants in the case are registered CM/ECF users and that service will be
accomplished by the CM/ECF system.
I declare under penalty of perjury under the laws of the State of California the foregoing is true
and correct and that this declaration was executed on January 8, 2015, at San Francisco,
California.

D. Criswell
Declarant
41175066.doc

s/ D. Criswell
Signature