Perez v. Nguyen et al

Filing 108

GRANTING, AS MODIFIED, JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL DATE. Motion Hearing set for 1/10/2014 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.Final Pretrial Conference set for 3/17/2014 02 :00 PM in Courtroom 11, 19th Floor, San Francisco. Jury Selection set for 4/2/2014 08:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White. Jury Trial set for 4/8/2014 08:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White. Signed by Judge Jeffrey S. White on June 19, 2013. (jswlc3, COURT STAFF) (Filed on 6/19/2013)

Case3:09-cv-04939-JSW Document107 Filed06/19/13 Page1 of 4

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SEYFARTH SHAW LLP
Francis J. Ortman III (SBN 213202) [e-mail]
Ari Hersher (SBN 260321) [e-mail]
Matthew J. Mason (SBN 271344) [e-mail]
Courtney K. Bohl (SBN 278812) [e-mail]
560 Mission Street, 31st Floor
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
JOHN TIMOTHY PEREZ

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ANDRADA & ASSOCIATES
J. Randall Andrada (SBN 70000) [e-mail]
Matthew W. Roman (SBN 267717) [e-mail]
180 Grand Avenue, Suite 225
Oakland, California 94612
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
DUC NGUYEN, M.D.

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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JOHN TIMOTHY PEREZ,

Case No. 09-4939 JSW (KAW)

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Plaintiff,

JOINT STIPULATION AND
[PROPOSED] ORDER TO CONTINUE
TRIAL DATE AS MODIFIED

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vs.
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D. NGUYEN, DR. BOWMAN, P. LA DUKE,
S.S.A. JONES, B. FRINTZ

Action Filed:

October 16, 2009

Defendants.

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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL // CASE NO. 09-04939 JSW

Case3:09-cv-04939-JSW Document107 Filed06/19/13 Page2 of 4

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The Parties to the above entitled action, Dr. Duc Nguyen (“Defendant”) and John

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Timothy Perez (“Plaintiff”) (collectively referred to herein as the “Parties”), by and through their

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undersigned counsel, hereby stipulate and agree as follows:

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1.

WHEREAS, the trial in this matter is currently scheduled for November 25, 2013;

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2.

WHEREAS, the deadline for expert disclosures is July 9, 2013;

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3.

WHEREAS, the non-expert discovery cut-off is is June 24, 2013;

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4.

WHEREAS, on May 31, 2013, Defendant made a settlement offer to Plaintiff that

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will remain open until June 30, 2013;
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WHEREAS, Plaintiff is still contemplating Defendant’s settlement offer and

negotiations between the Parties are ongoing;
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WHEREAS, the Parties wish to avoid incurring substantial expert fees and costs,

if the matter can be resolved prior to expert discovery;
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WHEREAS, the Parties have had difficulty scheduling the deposition of

Defendant, due to his work schedule and his need to study for a medical licensing test;
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WHEREAS, the Parties agreed to depose Dr. Bowman and Dr. Zewert after

Defendant’s deposition was conducted and the Settlement Conference was concluded;
9.

WHEREAS, the Parties still intend to conduct the depositions of Dr. Bowman and

Dr. Zewert and have agreed to conduct those depositions in or before August 2013;
10.

WHEREAS, communication, scheduling, and settlement negotiations in this

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matter have been difficult, due to Plaintiff’s confinement at Pelican Bay State Prison and limited

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means of communication;

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11.

WHEREAS, Plaintiff is currently seeking an appeal of his criminal case due to the

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recent United States Supreme Court ruling in McQuiggan v. Perkins, 133 S.Ct. 527 (2012), and

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both Parties believe that additional clarification regarding Plaintiff’s long-term incarceration

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status will help narrow and clarify any damage issues at trial;

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12.

WHEREAS, the Parties have met and conferred and have agreed to stipulate to a

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continuance of the trial date until April 8, 2014, and to re-set all pre-trial dates and discovery

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deadlines in accordance with this new trial date;
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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL // CASE NO. 09-04939 JSW

Case3:09-cv-04939-JSW Document107 Filed06/19/13 Page3 of 4

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NOW THEREFORE, all Parties hereto stipulate and agree that the Court may enter an

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Order vacating the November 25, 2013 trial date and continuing the trial until April 8, 2014.

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The Parties further stipulate to and request that all pre-trial motion dates, discovery deadlines,

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and expert discovery deadlines be reset in accordance with the new trial date.

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In the alternative, the Parties request that the Court vacate the current trial date and

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schedule a further Case Management Conference for July 2013, so that the Parties can update the

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Court regarding the status of the litigation and to reset the trial date and all pre-trial deadlines in

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accordance with the above.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: June 19, 2013

SEYFARTH SHAW LLP

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By: __________/s/ Ari Hersher__________
Francis J. Ortman III
Ari Hersher
Matthew J. Mason
Attorneys for Plaintiff
JOHN TIMOTHY PEREZ

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DATED: June 19, 2013

ANDRADA & ASSOCIATES

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By: __________/s/ Matthew W. Roman________
J. Randall Andrada
Matthew W. Roman
Attorneys for Defendant
DUC NGUYEN, M.D.

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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL // CASE NO. 09-04939 JSW
15783655v.1 / 99999-004737

Case3:09-cv-04939-JSW Document107 Filed06/19/13 Page4 of 4

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[PROPOSED] ORDER
[Proposed Order] The November 25, 2013 trial date is vacated and trial in this matter is

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continued until April 8, 2014. All pre-trial motion dates, discovery deadlines, and expert

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discovery deadlines will be reset in accordance with the new trial date.
Last day to hear dispositive motions CONTINUED to January 10, 2014 at 9:00 a.m.
Jury selection CONTINUED to April 2, 2014 at 8:00 a.m.

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[Alternative Proposed Order] The November 25, 2013 trial date is vacated and the

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Parties are ordered to appear for a further Case Management Conference on July

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which time the Parties shall update the Court regarding the status of the litigation and reset the

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trial date and all pre-trial deadlines in accordance with the above.
Pretrial conference CONTINUED to March 17, 2014 at 2:00 p.m.

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, 2013, at

PURSUANT TO STIPULATION, IT IS SO ORDERED.

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June 19, 2013
DATED: ___________________

_________________________________
Hon. Jeffrey S. White
United States District Judge

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SF1 28379747.1

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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL // CASE NO. 09-04939 JSW