Johnson et al v. County of Alameda et al

Filing 44

STIPULATION AND ORDER TO EXTEND EXPERT DISCOVERY DEADLINES. Signed by Judge Richard Seeborg on 5/6/11. (cl, COURT STAFF) (Filed on 5/9/2011)

*E-Filed 5/9/11*

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Thomas F. Bertrand, State Bar No. 056560
Richard W. Osman, State Bar No. 167993
Michael C. Wenzel, State Bar No. 215388
BERTRAND, FOX & ELLIOT
The Waterfront Building
2749 Hyde Street
San Francisco, California 94109
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
COUNTY OF ALAMEDA
and DEPUTY SHERIFF KEITH W. GILKERSON

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Case No.: CV 101437 RS

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Plaintiffs,
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vs.
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COUNTY OF ALAMEDA, a public entity,
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ALAMEDA COUNTY SHERIFF’S OFFICE, a )
department of the County of Alameda,
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ALAMEDA COUNTY SHERIFF’S OFFICE
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DETENTION AND CORRECTION DIVISION, )
a department of the County of Alameda,
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DEPUTY SHERIFF KEITH W. GILKERSON, )
an individual, and DOES 1-50, inclusive,
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Defendants.
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CYNTHIA JOHNSON AND JAMONT
JOHNSON, as individuals

STIPULATION AND [PROPOSED] ORDER
TO EXTEND EXPERT DISCOVERY
DEADLINES

Complaint filed: April 5, 2010
Trial date: August 15, 2011

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Plaintiffs, CYNTHIA JOHNSON and JAMONT JOHNSON (“Plaintiffs”), and Defendants,

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COUNTY OF ALAMEDA, ALAMEDA COUNTY SHERIFF’S OFFICE, ALAMEDA COUNTY

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SHERIFF’S OFFICE DETENTION AND CORRECTION DIVISION and DEPUTY SHERIFF

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KEITH W. GILKERSON (“Defendants”), by and through their respective attorneys of record, hereby

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stipulate as follows:

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STIPULATION AND [PROPOSED] ORDER TO EXTEND EXPERT DISCOVERY DEADLINES
Johnson v. County of Alameda
U.S.D.C. Northern District of CA Case No. CV-10-1437 RS

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On February 28, 2011, the Court approved the parties’ stipulation to complete all non-expert

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discovery on or before June 15, 2011, to disclose experts by May 13, 2011, to close expert discovery

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on June 30, 2011, and to have all pre-trial motions be heard no later than July 7, 2011.

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The parties attended a settlement conference before Judge Joseph Spero on April 7, 2011. The

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case did not resolve. At the conclusion of the settlement conference, defendants said they would be

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filing a motion for summary judgment and the parties agreed, at the suggestion of Judge Spero, to

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return for a further settlement conference with Judge Spero after the motion for summary judgment

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was heard.

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Defendants’ motion for summary judgment is set for hearing on June 2, 2011.

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It does not appear Judge Spero’s schedule will permit a settlement conference to be scheduled

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before August 8, 2011, and therefore the parties are contemplating private mediation for a date in

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early to mid-June, after the hearing on defendants’ motion for summary judgment.

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The parties have further agreed to continue the deadline to disclose experts from May 13,

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2011 until June 17, 2011. The parties have also agreed that expert discovery shall close on July 8,

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2011.

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Good cause exists to continue the deadlines as set forth above given defendants’ pending

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motion and given the parties’ intent to participate in further ADR prior to incurring expert fees and

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costs.

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IT IS SO STIPULATED.
Dated: May 5, 2011

McMANIS FAULKNER

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By:

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/s/ Ruby H. Kazi
JAMES McMANIS
RUBY H. KAZI
Attorneys for Plaintiffs
CYNTHIA JOHNSON and
JAMONT JOHNSON

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STIPULATION AND [PROPOSED] ORDER TO EXTEND EXPERT DISCOVERY DEADLINES
Johnson v. County of Alameda
U.S.D.C. Northern District of CA Case No. CV-10-1437 RS

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Dated: May 5, 2011

BERTRAND, FOX & ELLIOT

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By: ______/s/ Michael C. Wenzel___________________
Thomas F. Bertrand
Richard W. Osman
Michael C. Wenzel
Attorney for Defendants
COUNTY OF ALAMEDA, ALAMEDA COUNTY
SHERIFF’S OFFICE, ALAMEDA COUNTY
SHERIFF’S OFFICE DETENTION and
CORRECTION DIVISION, DEPUTY SHERIFF
KEITH W. GILKERSON

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ORDER

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GOOD CAUSE APPEARING THEREFOR, and the parties having stipulated to same, the

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parties’ stipulation is hereby APPROVED. The deadline to disclose experts is June 17, 2011 and

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expert discovery shall close on July 8, 2011.

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IT IS SO ORDERED.

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5/6
Dated: ____________________, 2011

______________________________________
UNITED STATES DISTRICT COURT JUDGE

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STIPULATION AND [PROPOSED] ORDER TO EXTEND EXPERT DISCOVERY DEADLINES
Johnson v. County of Alameda
U.S.D.C. Northern District of CA Case No. CV-10-1437 RS