Dach et al v. City of Richmond et al

Filing 43

ORDER CONTINUING DISCOVERY DEADLINES re 42 Stipulation filed by Louie Tirona, Gard, John Bruce, City of Richmond, Christopher Decious. Signed by Judge James Larson on 11/10/10. (jlsec, COURT STAFF) (Filed on 11/10/2010)

Case3:09-cv-00171-JL Document42

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McNAMARA, DODGE, NEY, BEATTY, SLATTERY, PFALZER, BORGES & BROTHERS LLP

JAMES V. FITZGERALD, III (State Bar No. 55632) NOAH G. BLECHMAN (State Bar No. 197167) MCNAMARA, DODGE, NEY, BEATTY, SLATTERY, PFALZER, BORGES & BROTHERS LLP 1211 Newell Avenue Post Office Box 5288 Walnut Creek, CA 94596 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant CITY OF RICHMOND, POLICE OFFICERS LOUIE TIRONA, JOHN BRUCE, CHRISTOPHER DECIOUS, AND OFFICER GARD UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

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ATTORNEYS AT LAW P.O. BOX 5288, WALNUT CREEK, CA 94596 TELEPHONE: [phone]

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STIPULATION AND ORDER CONTINUING DISCOVERY DEADLINES ­ C09-00171 JL

URIAH DACH, DECEASED, THROUGH HIS SUCCESSORS IN INTEREST, TIMOTHY DACH AND ELAINE DACH; TIMOTHY DACH, Individually; and ELAINE DACH, Individually, Plaintiffs, vs. CITY OF RICHMOND, et al., Defendants.

Case No. C09-00171 JL STIPULATION AND [PROPOSED] ORDER CONTINUING DISCOVERY DEADLINES__________________________ Trial Date: July 25, 2011

IT IS HEREBY STIPULATED AND AGREED by and between the parties to this action, through their respective counsel of record, and approved by the Court in the accompanying Order, as follows: 1. WHERAS per Amended Case Management and Pretrial Order (Document 41), e-filed on September 10, 2010, the following deadlines are currently set by the Court in this matter:

Case3:09-cv-00171-JL Document42

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McNAMARA, DODGE, NEY, BEATTY, SLATTERY, PFALZER, BORGES & BROTHERS LLP

Deadline Description Close of Non-Expert Discovery Expert Disclosure Rebuttal Expert Disclosure Close of Expert Discovery Dispositive Motion Hearing Date Pretrial Conference Trial Date

Current Date January 14, 2011 January 14, 2011 No current deadline April 15, 2011 May 25, 2011 July 6, 2011 July 25, 2011

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ATTORNEYS AT LAW P.O. BOX 5288, WALNUT CREEK, CA 94596 TELEPHONE: [phone]

2. WHEREAS the parties have diligently litigated this matter since discovery opened in this case, including exchanging initial disclosures, exchanging written discovery, subpoenaing extensive records and taking and defending numerous fact related depositions. 3. WHEREAS the parties have also performed limited expert discovery to include production of brief opinion reports and limited depositions of experts of the Plaintiffs, along with the deposition of the coroner who initially performed Decedent's autopsy. 4. WHEREAS the parties have also attended two settlement conferences with Judge Vadas, though this matter has not resolved. 5. WHEREAS additional discovery is needed by all parties to prepare this matter for trial, including additional depositions. Several depositions may need to be taken in Southern California and Defendants are in the process of trying to identify and serve such deponents. 6. WHEREAS due to the upcoming Thanksgiving holiday, plus an upcoming two week trial by lead defense counsel with Judge Jeffrey White in the matter of Johnson/Horton v. City of Antioch et al. (U.S.D.C, C09-03153 JSW), slated to begin on December 6, 2010 (with jury selection likely starting on December 1st), and the upcoming Christmas holidays, it is likely that the parties will not be able to complete the necessary discovery for trial by the current deadline of January 14, 2011.
STIPULATION AND ORDER CONTINUING DISCOVERY DEADLINES ­ C09-00171 JL

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Case3:09-cv-00171-JL Document42

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McNAMARA, DODGE, NEY, BEATTY, SLATTERY, PFALZER, BORGES & BROTHERS LLP

7. WHEREAS the parties are hereby requesting a brief extension of the non-expert discovery deadline, the expert disclosure deadline and to set a deadline for disclosure of rebuttal experts based upon the above stated good cause. 8. WHEREAS this is the first request for such extension of such deadlines and this request by the parties will not affect the close of expert discovery deadline, the dispositive motion deadlines, the pretrial conference nor the trial date. 9. WHEREAS good cause has been demonstrated by the parties to continue the current discovery deadlines in this case as follows:

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ATTORNEYS AT LAW P.O. BOX 5288, WALNUT CREEK, CA 94596 TELEPHONE: [phone]

Deadline Description Close of Non-Expert Discovery Expert Disclosure Rebuttal Expert Disclosure Close of Expert Discovery Dispositive Motion Hearing Date Pretrial Conference Trial Date IT IS SO STIPULATED Dated: November _8__, 2010

Current Date January 14, 2011 January 14, 2011 No current deadline April 15, 2011 May 25, 2011 July 6, 2011 July 25, 2011

Proposed Modified Date February 18, 2011 February 25, 2011 March 11, 2011 No change. No change. No change. No change.

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MCNAMARA, DODGE, NEY, BEATTY, SLATTERY, PFALZER, BORGES & BROTHERS LLP

By:

/s/ James V. Fitzgerald, III James V. Fitzgerald, III / Noah G. Blechman Attorneys for Defendants CITY OF RICHMOND, POLICE OFFICERS LOUIE TIRONA, JOHN BRUCE, CHRISTOPHER DECIOUS, AND OFFICER GARD

HADDAD & SHERWIN Dated: November _8__, 2010 By: /s/ Michael J. Haddad Michael J. Haddad / Julia Sherwin Attorneys for Plaintiffs

STIPULATION AND ORDER CONTINUING DISCOVERY DEADLINES ­ C09-00171 JL

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Case3:09-cv-00171-JL Document42

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McNAMARA, DODGE, NEY, BEATTY, SLATTERY, PFALZER, BORGES & BROTHERS LLP

ORDER Good cause having been shown by the parties, the Court hereby continues the currently set discovery deadlines as follows per the New Date/Deadline section (in bold) below. All other aspects of the Amended Case Management and Pretrial Order (Document 41), e-filed on September 10, 2010, remain in effect and are only modified per the effect of these new deadlines listed below in conjunction with the Amended Case Management and Pretrial Order.

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ATTORNEYS AT LAW P.O. BOX 5288, WALNUT CREEK, CA 94596 TELEPHONE: [phone]

Deadline Description Close of Non-Expert Discovery Expert Disclosure Rebuttal Expert Disclosure Close of Expert Discovery Dispositive Motion Hearing Date Pretrial Conference Trial Date

Current Date January 14, 2011 January 14, 2011 No current deadline April 15, 2011 May 25, 2011 July 6, 2011 July 25, 2011

New Date/Deadline February 18, 2011 February 25, 2011 March 11, 2011 No change. No change. No change. No change.

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IT IS SO ORDERED.
November 10,

Dated:

, 2010 By: Honorable James Larson United States Magistrate Judge

STIPULATION AND ORDER CONTINUING DISCOVERY DEADLINES ­ C09-00171 JL

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