Walker v. County of Santa Clara et al

Filing 111

REVISED STIPULATION AND ORDER RE 110 MODIFYING THE CASE MANAGEMENT SCHEDULING ORDER. Further Case Management Conference set for 11/8/2012 10:00 AM; Pretrial Conference set for 11/21/2013 10:00 AM; Jury Selection set for 12/9/2013 08:30 AM; Jury Trial set for 12/9/2013 08:30 AM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 8/21/12. (cl, COURT STAFF) (Filed on 8/21/2012)

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LORI E. PEGG, Acting County Counsel (S.B. #129073)
GREGORY J. SEBASTINELLI, Deputy County Counsel (S.B. #104884)
OFFICE OF THE COUNTY COUNSEL
70 West Hedding Street, East Wing, Ninth Floor
San Jose, California 95110-1770
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
COUNTY OF SANTA CLARA and its
SANTA CLARA VALLEY MEDICAL
CENTER, HOLLISTER BREWSTER, M.D.,
ALFONSO BANUELOS, M.D.,
DOLLY GOEL, M.D., and
PETER GREGOR, M.D.

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
(San Francisco)

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THRESSA WALKER et al.,
Plaintiffs,

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v.

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COUNTY OF SANTA CLARA et al.,

No.

10-CV-04668 RS

REVISED STIPULATION AND
[PROPOSED] ORDER MODIFYING THE
CASE MANAGEMENT SCHEDULING
ORDER

Defendants.

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The parties stipulate and agree to an order modifying the Case Management Scheduling

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Order to allow preparation for and participation in a third mediation session presently scheduled for

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October 11, 2012. This is a second request to modify the initial Case Management Scheduling

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Order. If this third mediation session is unsuccessful in resolving the claims of Plaintiffs Geeta

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Singh, M.D. (“Singh”) and/or Kai Ihnken, M.D. (“Ihnken”), the parties are respectfully requesting

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additional time to complete extensive discovery, file dispositive motions, and otherwise prepare for

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trial.

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The respective parties believe good cause exists for further modifying the Case Management

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Scheduling Order. There has been a concerted effort to avoid expensive, time-consuming discovery

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and instead focus on the prospect of settlement. The parties participated in a private mediation
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Revised Stipulation and [Proposed] Order Modifying
the Case Management Scheduling Order

10-CV-04668 RS

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session with Attorney Charles F. Hawkins on February 27 and 28, 2012, and made significant

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progress toward negotiating a resolution. At the initial Case Management Conference before Judge

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Richard Seeborg on March 22, 2012, the parties advised there was a strong interest in pursuing a

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further mediation session with Mr. Hawkins. That further session occurred on May 2, 2012, which

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served to resolve the claims of Plaintiff Thressa Walker, but not the claims of Singh and Ihnken.

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As of the second Case Management Conference held on July 19, 2012, the parties continued

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to privately converse with Mr. Hawkins, but did not anticipate any further mediation session. The

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parties had re-engaged in written and deposition discovery, and respectfully requested that the Court

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consider extending for a short time discovery and dispositive motion-related dates in its initial Case

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Management Scheduling Order dated March 23, 2012. After meeting and conferring, the parties

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believed that necessary non-expert discovery would require approximately five months to complete,

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and therefore requested that non-expert discovery close on December 28, 2012, expert discovery

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take place during January/February 2013, and dispositive motions be heard by March 7, 2013. There

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was no request to change the trial date of May 13, 2013. The Court favorably considered this

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request and issued its second Case Management Scheduling Order on July 20, 2012.

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Following July 20, 2012, and while engaged in written and deposition discovery, Singh and

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Ihnken communicated lowered settlement demands signed by the respective Plaintiffs. These

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lowered demands encouraged the County Defendants to return to the bargaining table and agree to

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participate in a further mediation session with Mr. Hawkins. Unfortunately, the parties are unable to

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secure a mediation date with Mr. Hawkins before he leaves for a European vacation on August 28,

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and he is not scheduled to return until September 24, 2012. Thus far, Mr. Hawkins has expended

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over 40 hours in two mediation sessions and in numerous telephone conferences. As the Court can

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well appreciate, the parties have invested considerable time and money in the skilled efforts of Mr.

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Hawkins and do not wish to retain an alternate mediator. And, at present the first available date for

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mediation following Mr. Hawkins’s return is October 11, 2012.

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In the event the Court favorably considers this request to further modify the Case

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Management Scheduling Order, the parties intend to enter into a “Stand-Still” agreement respecting

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discovery until completion of this third mediation session. Such an agreement will avoid Plaintiffs
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Revised Stipulation and [Proposed] Order Modifying
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incurring further attorneys’ fees and avoid the County further depleting its self-insured insurance

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retention.

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Another factor weighing in favor of approving this proposed modification is that the parties

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already have trials scheduled with one another for April 29, 2013 (Burrell, et al. v. County of Santa

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Clara, Case No. CV11-04569 LHK, before United States District Judge Lucy H. Koh) and May 6,

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2013 (Song, et al. v. County of Santa Clara, Case No. CV11-04450 EJD before United States

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District Judge Edward J. Davila), and if either of these cases proceed to trial this case will likely be

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continued to a later date.
The following provides the Court with the pertinent dates respecting the initial and second

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Case Management Scheduling Orders, and what the parties now propose:
Event

Initial Case
Management
Scheduling Order

Second Case
Management
Scheduling Order

Further Case Management
Conference

07/19/12

10/25/12

Complete Non-Expert
Discovery

10/26/12

12/28/12

05/17/13

Plaintiffs’ Expert
Disclosure

11/15/12

01/17/13

06/07/13

Defendants’ Expert
Disclosure

11/30/12

02/01/13

06/28/13

Complete Expert
Discovery

12/21/12

02/22/13

07/19/13

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Last Date to Hear Pretrial
Motions

02/21/13

03/07/13

09/19/13

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Pretrial Statements

04/18/13

04/18/13

11/14/13

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Pretrial Conference

04/25/13

04/25/13

11/21/13

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Trial Date

05/13/13

05/13/13

12/09/13

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Proposed Case
Management
Scheduling Order
Nov./Dec. 2012
November 8, 2012

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//

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//

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Revised Stipulation and [Proposed] Order Modifying
the Case Management Scheduling Order

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10-CV-04668 RS

I hereby attest that I have on file all holograph signatures for any signatures indicated by a

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“conformed” signature (/S/) within this efiled document.
LORI E. PEGG
ACTING COUNTY COUNSEL

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By:

Dated: August 20, 2012

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/S/
GREGORY J. SEBASTINELLI
Deputy County Counsel

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Attorneys for Defendants
COUNTY OF SANTA CLARA and its
SANTA CLARA VALLEY MEDICAL
CENTER, HOLLISTER BREWSTER, M.D.,
ALFONSO BANUELOS, M.D.,
DOLLY GOEL, M.D., and
PETER GREGOR, M.D.

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LAW OFFICES OF BONNER & BONNER

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Dated: August 20, 2012

By:

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/S/
A. CABRAL BONNER, ESQ.

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Attorneys for Plaintiffs
GEETA SINGH, M.D., and KAI IHNKEN, M.D.

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[PROPOSED] ORDER

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IT IS SO ORDERED that dates and deadlines set forth in the initial Case Management

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Scheduling Order dated March 23, 2012 and the second (supplemental) Case Management

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Scheduling Order dated July 20, 2012 are vacated, and new dates and deadlines will be set forth in a

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third Case Management Scheduling Order issued shortly hereafter.

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8/21/12
Dated: _________________

_______________________________
RICHARD SEEBORG
United States District Court Judge

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627301.DOC

Revised Stipulation and [Proposed] Order Modifying
the Case Management Scheduling Order

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10-CV-04668 RS