Williams v. Ross et al

Filing 155

Order Re-Opening Fact Discovery For The Sole Purpose Of Allowing Deposition. Signed by Judge Illston on 3/9/09 re 154 . (ts, COURT STAFF) (Filed on 3/10/2009)

Case 3:04-cv-02409-SI

Document 154

Filed 03/09/2009

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1 EDMUND G. BROWN JR. Attorney General of the State of California 2 DAVID S. CHANEY Chief Assistant Attorney General 3 ROCHELLE C. EAST Senior Assistant Attorney General 4 THOMAS PATTERSON Supervising Deputy Attorney General 5 TIM MCDONOUGH, State Bar No. 235850 Deputy Attorney General Telephone: [phone] Email: [e-mail] 7 NEAH HUYNH, State Bar No. 235377 Deputy Attorney General Telephone: [phone] Email: [e-mail] 455 Golden Gate Avenue, Suite 11000 9 San Francisco, CA 94102-7004 Fax: [phone] Attorneys for Defendants Tuntakit and Roach 11 QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP 12 TOJI CALABRO, State Bar No. 239950 50 California Street, 22nd Floor San Francisco, California 94111 13 [e-mail] Telephone: [phone] Facsimile: [phone] 15 Attorneys for Plaintiff Gerry Williams 16 17 18 19 20 21 22 23 24 25 26 Plaintiff Williams and Defendants Tuntakit and Roach, by and through their respective GERRY WILLIAMS, Plaintiff, v. LIEUTENANT ROSS, et al., Defendants. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Case No. C 04-2409 SI STIPULATION AND [PROPOSED] ORDER REOPENING FACT DISCOVERY FOR THE SOLE PURPOSE OF ALLOWING THE DEPOSITION OF WITNESS LAMBERT CHAMBERS Judge: The Honorable Susan Illston

27 counsel, stipulate under Civil Local Rule 7-12 to the following request that the Court re-open 28 fact discovery until March 24, 2009 for the sole purpose of permitting the defense (or plaintiff)
Stipulation & [Proposed] Order Re-opening Fact Disc. Sole Purpose Allowing Depo. Witness Lambert Chambers Williams v. Lt. Ross, et al. Case No. C 04-2409 SI

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1 to depose witness Lambert Chambers, who is currently incarcerated at Salinas Valley State 2 Prison (SVSP). In support, the parties state the following: 3 1. Fact discovery closed on September 29, 2006. (Pretrial Preparation Order 1:11,

4 Jul. 19, 2006.) 5 2. In February 2009, Plaintiff learned about a new inmate witness named Lambert

6 Chambers, who "may have witnessed the events giving rise to this action, and therefore may 7 have relevant, material testimony and evidence to provide." (Pl.'s Ex Parte Appl., Docket 146, 8 at 2:5-6, Feb. 24, 2009.) 9 3. On February 26, 2009, the Court granted Plaintiff's request to direct SVSP to

10 arrange for a telephone conference between Plaintiff's counsel and Mr. Chambers before March 11 6, 2009. (Order, Docket 151, Feb. 26, 2009.) The prison complied with this request. 12 4. On March 6, 2009, Defendants asked Plaintiff whether he intend to call Mr.

13 Chambers as a trial witness. In response, Plaintiff reserved the right to call him. The parties 14 thereafter reached an agreement to allow the defense to depose Mr. Chambers on March 24, 15 2009, the same day when the parties are scheduled for an afternoon settlement conference before 16 Magistrate Judge Vadas at SVSP. The deposition will take place in the morning and be 17 completed before the settlement conference. 18 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 ///
Stipulation & [Proposed] Order Re-opening Fact Disc. Sole Purpose Allowing Depo. Witness Lambert Chambers Williams v. Lt. Ross, et al. Case No. C 04-2409 SI

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Trial is scheduled to commence on May 11, 2009.

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For the foregoing reasons, the parties respectfully request that the Court extend the fact-

2 discovery deadline until March 24, 2009 for the sole purpose of permitting the defense (or 3 plaintiff) to depose Mr. Chambers at SVSP. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ****************************************** PURSUANT TO STIPULATION, IT IS SO ORDERED that fact discovery is extended /s/ Jason Toji Calabro ____________________________ Jason Toji Calabro Attorneys for Plaintiff Gerry Williams QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP /s/ Neah Huynh ____________________________ NEAH HUYNH TIM MCDONOUGH Deputy Attorneys General Attorneys for Defendants Tuntakit and Roach Dated: March 9, 2009 Respectfully submitted, EDMUND G. BROWN JR. Attorney General of the State of California

18 until March 24, 2009 for the sole purpose of allowing the defense (or plaintiff) the opportunity to 19 depose Mr. Lambert Chambers at Salinas Valley State Prison. 20 21 22 23 24 25 26 27 28
Stipulation & [Proposed] Order Re-opening Fact Disc. Sole Purpose Allowing Depo. Witness Lambert Chambers Williams v. Lt. Ross, et al. Case No. C 04-2409 SI
20188610.wpd; SF2004401304

__________________ Date

_______________________________ The Honorable Susan Illston United States District Judge

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