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)

Download PDF
Case3:09-cv-00171-JL Document42 Filed11/09/10 Page1 of 4 1 2 3 4 5 6 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: (925) 939-5330 Facsimile: (925) 939-0203 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 7 8 9 10 ATTORNEYS AT LAW P.O. BOX 5288, WALNUT CREEK, CA 94596 TELEPHONE: (925) 939-5330 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// 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 Filed11/09/10 Page2 of 4 1 2 3 4 5 6 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 7 8 9 10 ATTORNEYS AT LAW P.O. BOX 5288, WALNUT CREEK, CA 94596 TELEPHONE: (925) 939-5330 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 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case3:09-cv-00171-JL Document42 Filed11/09/10 Page3 of 4 1 2 3 4 5 6 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: 7 8 9 10 ATTORNEYS AT LAW P.O. BOX 5288, WALNUT CREEK, CA 94596 TELEPHONE: (925) 939-5330 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. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 3 Case3:09-cv-00171-JL Document42 Filed11/09/10 Page4 of 4 1 2 3 4 5 6 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. 7 8 9 10 ATTORNEYS AT LAW P.O. BOX 5288, WALNUT CREEK, CA 94596 TELEPHONE: (925) 939-5330 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. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 4

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?