Johnson et al v. County of Alameda et al

Filing 62

STIPULATION AND ORDER CONTINUING DEADLINES TO COMPLETE DISCOVERY. Signed by Judge Richard Seeborg on 6/14/11. (cl, COURT STAFF) (Filed on 6/14/2011)

*E-Filed 6/14/11*
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JAMES MCMANIS (40958)
CHRISTINE PEEK (234573)
RUBY H. KAZI (243872)
McMANIS FAULKNER
A Professional Corporation
50 West San Fernando Street, 10th Floor
San Jose, California 95113
Telephone: [phone]
Facsimile:
408-279-3244
Email:
[e-mail]

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Attorneys for Plaintiffs,
CYNTHIA JOHNSON and JAMONT JOHNSON

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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CYNTHIA JOHNSON and JAMONT
JOHNSON, as individuals,
Plaintiffs,

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vs.

Case No. CV-101437 RS
STIPULATION AND [PROPOSED]
ORDER CONTINUING DEADLINES
TO COMPLETE DISCOVERY

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

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

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

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ALAMEDA COUNTY SHERIFF’S OFFICE DETENTION AND CORRECTION DIVISION,

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and DEPUTY SHERIFF KEITH W. GILKERSON (“defendants”), by and through their

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respective attorneys of record, hereby stipulate as follows:

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STIPULATION AND [PROPOSED] ORDER CONTINUING DEADLINES TO COMPLETE DISCOVERY
Johnson v. County of Alameda, et al., Case No.: CV-101437-RS

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1.

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

non-expert discovery on or before June 15, 2011.

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2.

On May 6, 2011, the Court approved the parties’ stipulation that June 17, 2011,

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would be the last day to disclose experts and July 8, 2011, would be the date for the close of

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expert discovery.

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3.

The parties appeared before the Court on June 2, 2011 for oral argument on

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defendants’ motion for summary judgment and plaintiffs’ motion seeking leave to amend the

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complaint.

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4.

The parties are awaiting the Court’s rulings on both motions. In light of this, and

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in contemplation of reaching an agreement to engage in further settlement efforts, the parties

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have agreed to defer taking some of the depositions already noticed prior to the pending June 15,

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2011 discovery cutoff. This will prevent the parties from incurring substantial fees and costs that

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may prove unnecessary and/or will also allow them to take more targeted depositions based on

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the Court’s rulings on the two pending motions.

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5.

The parties have therefore agreed to continue the deadline to complete all

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depositions properly noticed before the June 15, 2011, discovery cutoff to July 15, 2011. The

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parties have agreed to no other modification of the pending non-expert discovery cutoff of June

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15, 2011.

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6.

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The parties have further agreed that July 15, 2011, shall be the last day to disclose

experts.

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7.

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The parties have also agreed that expert discovery shall close on July 29, 2011.

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STIPULATION AND [PROPOSED] ORDER CONTINUING DEADLINES TO COMPLETE DISCOVERY
Johnson v. County of Alameda, et al., Case No.: CV-101437-RS

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8.

The parties respectfully request that the Court approve this stipulation and

incorporate its terms in an order.

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IT IS SO STIPULATED.

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DATED: June 14, 2011

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/s/ Ruby Kazi
JAMES McMANIS
RUBY H. KAZI

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Attorneys for Plaintiffs,
CYNTHIA JOHNSON and JAMONT
JOHNSON

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McMANIS FAULKNER

DATED: June 14, 2011

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BERTRAND, FOX & ELLIOT
/s/ Michael Wenzel
MICHAEL C. WENZEL

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Attorneys for Defendants,
COUNTY OF ALAMEDA, ALAMEDA
COUNTY SHERIFF’S OFFICE,
ALAMEDA COUNTY SHERIFF’S
OFFICE DETENTION AND
CORRECTION DIVISION, and 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 parties’ stipulation is hereby APPROVED. The deadline to complete depositions noticed
prior to the June 15, 2011, non-expert discovery cutoff is July 15, 2011. The deadline to disclose
experts is July 15, 2011, and expert discovery shall close on July 29, 2011.

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IT IS SO ORDERED.

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6/14/11
DATED: ____________________

_________________________________
UNITED STATES DISTRICT JUDGE

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STIPULATION AND [PROPOSED] ORDER CONTINUING DEADLINES TO COMPLETE DISCOVERY
Johnson v. County of Alameda, et al., Case No.: CV-101437-RS