Ayala v. Ayers et al

Filing 140

ORDER GRANTING 132 STIPULATION re Case Schedule. Signed by Judge Jeffrey S. White on 1/2/13. (jjoS, COURT STAFF) (Filed on 1/2/2013)

Case3:10-cv-00979-JSW Document132 Filed12/17/12 Page1 of 5

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DEANNA L. KWONG (SBN 233480)
COVINGTON & BURLING LLP
333 Twin Dolphin Drive, Suite 700
Redwood Shores, CA 94065
Tel. [phone]
Fax [phone]
[e-mail]
RYAN M. BUSCHELL (SBN 271509)
TESS A. HAMILTON (SBN 279738)
COVINGTON & BURLING LLP
One Front Street, 35th Floor
San Francisco, California 94111
Tel. [phone]
Fax. [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff
REYNALDO AYALA

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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REYNALDO AYALA,

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Plaintiff,

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v.

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ROBERT AYERS, JR., et al.,

Case No.: C 10-0979 JSW (PR)
STIPULATION AND [PROPOSED]
ORDER REGARDING CASE
SCHEDULE
Judge:
Place:

Hon. Jeffrey White
Courtroom 11, 19th floor

Defendants.

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STIPULATION AND [PROPOSED] ORDER REGARDING
CASE SCHEDULE

Case No.: C 10-0979 JSW (PR)

Case3:10-cv-00979-JSW Document132 Filed12/17/12 Page2 of 5

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The parties, pursuant to Civil L.R. 6-1(a), respectfully submit the following
stipulation:

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1.

(“Complaint”) on October 19, 2012, and the Complaint was deemed operative by the Court on
November 16, 2012, in the United States District Court, Northern District of California, San
Francisco Division. Dkt. 103.

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2.

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which contemplates, among other things, the completion of non-expert discovery by December
31, 2012.
3.

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Because it is not possible to complete certain third-party inmate

depositions prior to December 31, 2012, the parties have agreed to modify the current case
schedule. The parties brought the fact of their agreement to the Court’s attention during the
Case Management Conference held on December 14, 2012, and the Court ordered the parties to
submit a suitable stipulation. This Stipulation and Proposed Order serves that purpose.

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In granting Plaintiff’s Motion for Leave to Amend Complaint and to

Amend Pretrial Schedule on November 16, 2012, the Court entered the current scheduling order

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Plaintiff, Mr. Reynaldo Ayala, filed his Third Amended Complaint

4.

Specifically, given the need to extend non-expert discovery for the

limited purpose of completing the third-party inmate depositions, the parties have agreed to
modify the current schedule, subject to the Court’s approval, as follows:

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Close of Non-Expert Discovery
*
Completion of third-party
inmate depositions (subject to
cooperation of their counsel).
*

All other non-expert discovery
shall remain due on 12/31/2012.

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*

Prior Deadline
12/31/2012

New Deadline
12/31/2012*

--

1/16/2013

Should Defendants discover
new issues from the third-party
inmate depositions, Defendants
reserve the right to seek a
continuance of fact discovery to

STIPULATION AND [PROPOSED] ORDER REGARDING
CASE SCHEDULE

Case No.: C 10-0979 JSW (PR)

Case3:10-cv-00979-JSW Document132 Filed12/17/12 Page3 of 5

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Prior Deadline

New Deadline

1/9/2013

1/23/2013
(12:00 PM PDT)
2/4/2013
2/13/2013
3/22/2013
(9:00 AM)
5/20/2013
(2:00 PM)
6/10/2013
(8:00 AM)

investigate the new issues.
Plaintiff reserves the right to
oppose any such request.
Designate Expert Witnesses/Serve
Opening Expert Reports
Serve Rebuttal Expert Reports
Last Day for Expert Discovery
Last Day to Hear Dispositive Motions

1/18/2013
1/31/2013
3/22/2013

Pretrial Conference

5/20/2013

Jury Trial Date (5 days)

6/10/2013

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5.

As shown, the parties propose to modify only certain deadlines related to

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non-expert and expert discovery; all other deadlines set by the Court’s November 16, 2012

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Order remain in place.

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6.

Finally, this Stipulation has been promptly filed pursuant to Civil L.R. 5.

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IT IS SO STIPULATED.

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Dated: December 17, 2012

By:

/s/ Deanna Kwong
Deanna L. Kwong
COVINGTON & BURLING LLP
Attorneys for Plaintiff Reynaldo Ayala

Dated: December 17, 2012

By:

_/s/ Giam Nguyen
Giam M. Nguyen
Deputy Attorney General
Attorney for Defendants Wagner, Schlosser,
Hansen, Guthrie, and Faaita

Dated: December 17, 2012

By:

_/s/ Christian Green
Christian B. Green
Law Offices of Samuel L. Grader
Attorney for Defendant Edmonds

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STIPULATION AND [PROPOSED] ORDER REGARDING
2
CASE
Place: SCHEDULE
Courtroom 11, 19th floor

Case No.: C 10-0979 JSW (PR)

Case3:10-cv-00979-JSW Document132 Filed12/17/12 Page4 of 5

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ATTESTATION: Pursuant to L.R. 5-1, the filer attests that concurrence in the filing of this
document has been obtained from all signatories.

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IT IS SO ORDERED.

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Dated: January 2, 2013

By:
JEFFREY S. WHITE
UNITED STATES DISTRICT COURT JUDGE

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STIPULATION AND [PROPOSED] ORDER REGARDING
3
CASE
Place: SCHEDULE
Courtroom 11, 19th floor

Case No.: C 10-0979 JSW (PR)