The Estate of Jerry A. Amaro III et al v. City of Oakland et al

Filing 67

STIPULATION AND ORDER EXTENDING CERTAIN DISCOVERY DEADLINES WITH MODIFICATIONS. Signed by Judge Alsup on December 4, 2009. (whalc1, COURT STAFF) (Filed on 12/4/2009)

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JOHN L. BURRIS (SBN #69888) LAW OFFICES OF JOHN L. BURRIS 7677 Oakport Street, Suite 1120 Oakland, California 94621 [phone]; FAX [phone] Email: [e-mail] JAMES B. CHANIN (SBN# 76043) JULIE M. HOUK (SBN# 114968) Law Offices of James B. Chanin 3050 Shattuck Avenue Berkeley, California 94705 [phone]; FAX: [phone] Email: [e-mail] Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA THE ESTATE OF JERRY A. AMARO III; GERALDINE MONTOYA; STEPHANIE MONTOYA; Plaintiffs, vs. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO: C09-01019 WHA STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINES FOR REGARDING EXPERT DISCLOSURES AND EXPERT DISCOVERY WITH MODIFICATIONS

CITY OF OAKLAND; et al., Defendants.

Stip. And Proposed Order Extending Deadlines Regarding Expert Disclosures/Discovery Estate of Amaro v. City of Oakland, Case No. C09-01019 WHA 1

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WHEREAS, counsel for the parties have been working cooperatively to complete the fact discovery in accord with the December 13, 2009, fact discovery cut-off date; WHEREAS, despite the diligence of counsel, pertinent records concerning the case are still subject to long outstanding records subpoenas to third parties who have not yet produced the records as they continue to search their records to comply with the subpoenas, including, but not limited to, the Alameda County Coroner's Office (autopsy and investigation records regarding the death of Mr. Amaro); the City of San Leandro, Hollywood Video and the Social Security Administration (wage and earnings records for Mr. Amaro); and the Social Security Administration (disability records concerning Plaintiff Geraldine Montoya); WHEREAS, additional evidence of critical importance to the case was just recently located, including, but not limited to, x-ray films taken of the decedent's body within days of his death; portions of the OPD homicide investigation and witness statements; WHEREAS, said additional evidence will need to be reviewed and evaluated by experts retained by all parties in order for them to make their expert evaluations and prepare their Rule 26 expert reports; WHEREAS, counsel anticipate scheduling problems in completing the expert disclosures and reports in a timely manner by December 31, 2009, because of the aforesaid outstanding records subpoenas, the recently discovered evidence and because the retained experts will have scheduling issues over the late December 2009 holidays,; WHEREAS, the parties fully understand that the Court requires strict compliance with the scheduled trial date and other pretrial preparation deadlines and are not requesting adjustments of the deadlines set forth in the Court's Case Management Conference Statement of Stip. And Proposed Order Extending Deadlines Regarding Expert Disclosures/Discovery Estate of Amaro v. City of Oakland, Case No. C09-01019 WHA 2

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June 9, 2009, other than the expert deadlines set forth below which will still permit them to comply with the remainder of the Court's deadlines; THE PARTIES, BY AND THROUGH THEIR RESPECTIVE COUNSEL OF RECORD, DO HEREBY STIPULATE AND AGREE THAT: the deadlines for Rule 26 expert disclosures and reports should be extended and modified as follows: 1. Deadline for Opening Rule 26 Expert Disclosures and Reports extended from December 31, 2009, to January 11, 2010; 2. Deadline for Opposition Expert Reports extended from January 14, 2010, to January 25, 2010; 3. Deadline for Rebuttal Expert Reports extended from January 21, 2010, to February 1, 2009; 4. Deadline for Completion of Expert Discovery extended from February 4, 2009, to February 15, 2009. 5. All other deadlines to remain the same as stated in the Case Management Order. IT IS SO STIPULATED:

Dated: December 4, 2009

_______________/S/________________________ JOHN L. BURRIS Attorney for Plaintiffs _______________/S/________________________ JAMES B. CHANIN Attorney for Plaintiffs _____________/S/_________________________ STEPHEN Q. ROWELL Attorney for City of Oakland Defendants

Dated: December 4, 2009

Dated: December 4, 2009

Stip. And Proposed Order Extending Deadlines Regarding Expert Disclosures/Discovery Estate of Amaro v. City of Oakland, Case No. C09-01019 WHA 3

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Stip. And Proposed Order Extending Deadlines Regarding Expert Disclosures/Discovery Estate of Amaro v. City of Oakland, Case No. C09-01019 WHA 4 Date: December 4, 2009. Dated: December 4, 2009 _____________/S/______________________ JOHN VERBER Attorney for Defendant Edward Poulson

PURSUANT TO STIPULATION, AND FOR GOOD CAUSE SHOWN, IT IS SO ORDERED: While the stipulation is approved, the parties are reminded that the deadlines set forth 4 in the December ___, 2009 Dated: case management order will not be changed for any reason related to the stipulated ____________________________________ WILLIAM H. ALSUP extension of these discovery deadlines. The last date forStates District Court Judge of the United filing dispositive motions, the date of the final pretrial conference, and the date for trial remain unchanged. The parties must prepare for trial.
UNIT ED
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IT IS SO ORDERED.

O ORD IT IS S

ERED

NO