Davis v. Prison Health Services, Inc. et al

Filing 33


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Davis v. Prison Health Services, Inc. et al Doc. 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PAMELA Y. PRICE (STATE BAR NO. 107713) JESHAWNA R. HARRELL (STATE BAR NO. 257773) PRICE AND ASSOCIATES A Professional Law Corporation 1611 Telegraph Avenue, Suite 1453 Oakland, CA 94612 Telephone: (510) 452-0292 Facsimile: (510) 452-5625 E-mail: pypesq@aol.com FANIA E. DAVIS, ESQ. (STATE BAR NO. 87268) 4100 Redwood Road, #371 Oakland, CA 94109 Telephone: (510) 414-8665 DARRYL PARKER, ESQ. (STATE BAR NO. 95914) PREMIER LAW GROUP 3131 Elliott Avenue, Suite 710 Seattle, WA 98121 Telephone: (206) 285-1743 Facsimile: (206) 599-6316 Attorneys for Plaintiff FREDDIE M. DAVIS [Refer to signature page for the complete list of parties represented] UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) FREDDIE M. DAVIS, Plaintiff, v. PRISON HEALTH SERVICES; SHERIFF'S DEPARTMENT, COUNTY OF ALAMEDA; LEONORE GILBERT, In Her Individual And Official Capacities; LINDA HENSON, In Her Individual And Official Capacities; BILL WILSON, In His Individual And Official Capacities; JAMES E. AYALA, In His Individual And Official Capacities; DARRYL GRIFFITH, In His Individual And Official Capacities And DOES 1 through 10 inclusive, Defendants. Case No. C09-02629 SI STIPULATION AND [PROPOSED] ORDER TO MODIFY CASE MANAGEMENT ORDER [FRCP 16(b)(4)] 1 STIPULATION TO MODIFY CASE MANAGEMENT ORDER Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Pursuant to Federal Rule of Civil Procedure 16(b)(4), Plaintiff Freddie M. Davis and Defendants Prison Health Services, Sheriff's Department, County Of Alameda, Leonore Gilbert, Linda Henson, Bill Wilson, James E. Ayala, and Darryl Griffith hereby stipulate as follows: WHEREAS, the Court's Case Management Order has set the following schedule: NonExpert Discovery Cut-Off, August 6, 2010; Dispositive Motion Filing, August 20, 2010; Dispositive Motion hearing, September 24, 2010 (Opposition Filing on September 3, 2010, and Reply Filing on September 10, 2010); Initial Expert Disclosure October 15, 2010; Rebuttal Expert Disclosures, November 5, 2010; Expert Discovery Cut-Off, November 30, 2010; Pre-Trial Filings, December 31, 2010; Pre-Trial Conference, January 18, 2011; Trial, February 7, 2011; and WHEREAS, the parties enter into this stipulation to modify the Case Management Order for good cause shown; and WHEREAS, since November 2009, Plaintiff has been meeting and conferring with the National Labor Relations Board (NLRB) pursuant to applicable administrative procedures to obtain key documents pertaining to unfair labor charge proceedings which Plaintiff believes shed light on Defendants' alleged unlawful motives, and, on March 12, 2010, when the NLRB persisted in invoking the official information privilege and refused to produce the documents, Plaintiff served a subpoena upon the NLRB; and WHEREAS, production of these documents has been further delayed in part because Defendant Alameda County objects to the NLRB subpoena; and WHEREAS, the parties need additional time to complete the meet and confer process on the subpoena objection, and likely to move to compel discovery in connection with the subpoena served upon NLRB as well; and WHEREAS, though the parties have already exchanged a voluminous amount of documents, totaling thousands of pages, including documents produced prior to removal during the state proceedings, Plaintiff has in the last months further propounded one request for production of documents to each of the five individual Defendants and one request to each of the two entity Defendants and received timely responses thereto; and 2 STIPULATION TO MODIFY CASE MANAGEMENT ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WHEREAS, Defendant PHS has served further Special Interrogatories, to which Plaintiff, has responded; WHEREAS, the parties need additional time to complete a meet and confer process and may need to request Court intervention to assist in resolution of any discovery disputes arising in connection with the parties' recent discovery requests; and WHEREAS, the parties are also in the process of meeting and conferring about dates to complete the deposition of Plaintiff and to take depositions of Defendants and of a number of defense and third-party witnesses; and WHEREAS, the depositions cannot be completed prior to the current discovery cut-off of August 6, 2010, in part because of the need to obtain NLRB documents and resolve any written discovery disputes between the parties and in part because lead counsel for Plaintiff herein, Price and Associates, has lost two staff attorneys within the last month and is presently involved in a federal action, Fobbs v. the City of Union City C09-02723 PJH, in which the Court has ordered the parties to complete 37 depositions by the end of July in connection with a class certification motion; and WHEREAS, the parties agree that they cannot complete further mediation until after they complete additional discovery; and WHEREAS, Fania E. Davis, associate counsel in the within matter will be traveling out of the country and unavailable until late August and Darryl Parker, additional associate counsel based in Seattle, Washington, will be unavailable as well; and WHEREAS, until additional discovery is completed, neither Plaintiff nor Defendant are in a position to file dispositive motions by the current due date of August 20, 2010; and WHEREAS, the parties have not previously requested any modifications of the Case Management Order by stipulation; NOW, THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE, based on the foregoing circumstances, to request that the Court establish the following modified deadlines: Discovery Cut-Off 3 STIPULATION TO MODIFY CASE MANAGEMENT ORDER December 10, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Complete Further Mediation Dispositive Motion Filing Dispositive Motion Opposition Due Dispositive Motion Reply Due Dispositive Motion Hearing Expert Disclosures Rebuttal Expert Disclosures Expert Discovery Cut-Off File Pretrial Pleadings Final Pretrial Conference Trial December 22, 2010 January 14, 2011 January 28, 2011 February 4, 2011 February 18, 2011 February 28, 2011 March 11, 2011 April 8, 2011 April 18, 2011 May 3, 2011 31 May 23, 2011 Dated: _____________________ /s/ PAMELA Y. PRICE PRICE AND ASSOCIATES Attorneys for Plaintiff FREDDIE M. DAVIS /s/ NEDA N. DAL CIELO SUZANNE R. NESTOR LITTLER MENDELSON Attorneys for Defendants PRISON HEALTH SERVICES, BILL WILSON LENORE GILBERT and LINDA HENSON /s/ J. RANDALL ANDRADA LYNNE G. STOCKER ANDRADA & ASSOCIATES Attorneys for Defendants COUNTY OF ALAMEDA, JAMES E. AYALA, Dated: _____________________ Dated: _____________________ 21 22 23 24 25 26 27 Dated: ___________ IT IS SO ORDERED. ___________________________________ SUSAN ILLSTON United States District Judge 4 STIPULATION TO MODIFY CASE MANAGEMENT ORDER

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