Plevin et al v. City and County of San Francisco et al

Filing 46

ORDER by Magistrate Judge Maria-Elena James granting 45 Stipulation to extend dates for discovery, expert disclosure and continue trial. (rmm2, COURT STAFF) (Filed on 6/22/2012)

1
2
3
4
5
6

DENNIS J. HERRERA, State Bar #139669
City Attorney
JOANNE HOEPER, State Bar #114961
Chief Trial Deputy
WARREN METLITZKY, State Bar #220758
Deputy City Attorney
Fox Plaza
1390 Market Street, Sixth Floor
San Francisco, California 94102-5408
Telephone:
[phone]
Facsimile:
[phone]
E-Mail:
[e-mail]

7
8

Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO

9
10
11

UNITED STATES DISTRICT COURT

12

NORTHERN DISTRICT OF CALIFORNIA

13

PHILLIP PLEVIN, TERESITA TORRES,

14

Plaintiffs,

15

vs.

16
17
18

CITY AND COUNTY OF SAN
FRANCISCO; S. A. NAVARRO and Does 125, inclusive

Case No. 11-cv-2359 MEJ
STIPULATION AND [PROPOSED] ORDER
TO EXTEND DATES FOR DISCOVERY,
EXPERT DISCLOSURE AND CONTINUE
TRIAL
Trial Date:

January 14, 2013

Defendants.

19
20
21

The undersigned parties, through counsel, STIPULATE and AGREE and jointly request

22

modification of this Court’s Orders concerning and setting dates for discovery cut-offs and the trial

23

date in the above matter. In the alternative, the parties request a further case management conference

24

regarding case scheduling. The parties make this request based on the following circumstances:

25

1.

Expert disclosure is currently calendared for June 15, 2012, with close of all discovery

26

to take place on July 10, 2010. Those case management cut-off dates were set by Judge Wilken before

27

this matter was transferred to this Court.

28
Stipulation to Extend Dates for Expert Disclosures.
Discovery and Trial Date; Case No. 11-cv-2359 MEJ

1

n:\lit\li2011\111109\00778893.doc

2.

1

Though preliminary written discovery has been completed by both sides and documents

2

have been produced, deposition discovery has only recently commenced in this matter. Counsel have

3

not been able to complete discovery because both defense and plaintiff's counsel have been in trial or

4

involved in heavy trial preparation. Moreover, the parties have had difficulty completing written

5

discovery and scheduling depositions because of multiple personal family matters of counsel for both

6

defendants and plaintiffs.
3.

7

To date, only one deposition has been taken, plaintiff Phillip Plevin. At least nine

8

additional depositions (not including experts) remain to be completed. Plaintiff Teresita Torres is

9

noticed for Monday, June 18, 2012. Plaintiff has noticed four deposition of SFPD officers and may

10

take additional depositions. Defendant Officer Navarro's deposition will be noticed for late June or

11

July, along with other San Francisco police officers. The parties anticipate taking at least three

12

witness depositions, which are calendared for completion in July.
4.

13

Despite diligently attempting to complete discovery, the parties do not anticipate that

14

they will be able to complete necessary fact discovery prior to the close of discovery on July 10, 2012.

15

Defense counsel is set to begin a two to three week civil rights trial in state court on July 16, 2012, and

16

is involved in ongoing motion practice and extensive pretrial preparation for that case. Moreover,

17

plaintiff's counsel has very limited availability for depositions through the beginning of July.
5.

18

In addition to fact depositions, the parties will require orthopedic examination of

19

plaintiffs and at a minimum a psychological examination of plaintiff Philip Plevin. The parties are in

20

the process of meeting and conferring regarding dates for orthopedic and psychological examinations

21

by defendants' experts. To date, plaintiffs have not been available on the dates on which defendants'

22

experts are available, and defendants' experts are not available before the discovery cutoff in this

23

matter.

24

6.

Because depositions are still proceeding (and only one of two plaintiff's depositions

25

have been completed) and because no medical or psychological examinations have yet taken place, the

26

parties will not have sufficient time for their experts to prepare their reports prior to the expert

27

disclosure date of June 15, 2012.

28
Stipulation to Extend Dates for Expert Disclosures.
Discovery and Trial Date; Case No. 11-cv-2359 MEJ

2

n:\lit\li2011\111109\00778893.doc

1

7.

Defendants anticipate bringing a summary judgment motion on all claims in this case.

2

If successful, that motion will resolve all of the claims in this matter. Scheduling expert discovery on

3

damages after the hearing on dispositive motions (as opposed to prior to the motions) will save the

4

parties the expense of at least three independent medical and psychological examinations, along with

5

the need to take at least half-a-dozen depositions of multiple doctors and psychologists. Currently,

6

expert discovery is set to proceed before the close of discovery and before the date to file a summary

7

judgment motion (August 9, 2012).

8
9
10
11

8.

By this stipulation, the parties agree that they require additional time for the purpose of

completing depositions, and drafting dispositive motions, and then, if those motions are not successful,
scheduling medical examinations and preparing and disclosing their expert reports.
For the aforementioned reasons, the parties jointly request that the Court amend its Scheduling

12

Order as follows:

13

•

September 13, 2012: Close of fact discovery

14

•

September 20, 2012: Last day to file dispositive motions

15

•

October 25, 2012:

16

•

November 16, 2012: Last day for expert witness disclosure

17

•

November 30, 2012: Rebuttal expert witness disclosure

18

•

December 21, 2012: Close of expert discovery

Last day for hearing on dispositive motions

19
20

THE PARTIES HEREBY FURTHER AGREE AND STIPULATE, subject to approval by the Court,

21

as follows:

22

The trial of this matter shall be continued to one of the following dates (listed in order of the

23

parties' preference and with proposed pretrial conference and further pretrial conference dates in

24

parentheses), or to a date most convenient for the Court:

25

•

April 11 at 10:00 a.m.)

26
27
28

April 15, 2013 (pretrial conference on March 14 at 10 a.m.; final pretrial conference

•

April 22, 2013 (pretrial conference on March 21 at 10 a.m.; final pretrial conference
April 18 at 10:00 a.m.)

Stipulation to Extend Dates for Expert Disclosures.
Discovery and Trial Date; Case No. 11-cv-2359 MEJ

3

n:\lit\li2011\111109\00778893.doc

•

1

April 25 at 10:00 a.m.)

2
3

April 29, 2013 (pretrial conference on March 28 at 10 a.m.; final pretrial conference

In the alternative, the parties request a further case management conference with the Court

4

regarding scheduling to allow the parties sufficient time to complete fact discovery and disclose expert

5

witnesses.

6
7

IT IS SO STIPULATED.

8
9

Dated: June 14, 2012

10

DENNIS J. HERRERA
City Attorney
JOANNE HOEPER
Chief Trial Deputy
WARREN METLITZKY
Deputy City Attorneys

11
12
13
14

By: /s/ Warren Metlitzky
WARREN METLITZKY
Attorneys for Defendant

15
16

CITY AND COUNTY OF SAN FRANCISCO

17
18

Dated: June 14, 2012

LAW OFFICES OF WILLIAM E. WEISS

19
20
21
22

By: /s/ William E. Weiss
William E. Weiss, Esq. (SBN 73108)
Attorney for Plaintiffs PHILLIP PLEVIN and
TERESITA TORRES
*Pursuant to GO 45, the electronic signatory has obtained
approval from this signatory.

23
24
25
26
27
28
Stipulation to Extend Dates for Expert Disclosures.
Discovery and Trial Date; Case No. 11-cv-2359 MEJ

4

n:\lit\li2011\111109\00778893.doc

ORDER

1

Based on the above stipulation, and for good cause appearing, IT IS ORDERED as follows:
2
3
4
5
6
7

•

September 13, 2012: Close of fact discovery

•

September 20, 2012: Last day to file dispositive motions

•

October 25, 2012:

•

November 16, 2012: Last day for expert witness disclosure

•

November 30, 2012: Rebuttal expert witness disclosure

•

December 21, 2012: Close of expert discovery

Last day for hearing on dispositive motions

8
9
THE PARTIES HEREBY FURTHER AGREE AND STIPULATE, subject to approval by the Court,
10
as follows:
11
12

March 14, 2013
April 15
Trial is set for ________________, 2013; further pretrial conference set for ___________,
Final
April 11
2012; and pretrial conference set for ___________, 2013.

13
14
15

Dated: June 22, 2012
THE HONORABLE MARIA ELENA JAMES

16
17
18
19
20
21
22
23
24
25
26
27
28
Stipulation to Extend Dates for Expert Disclosures.
Discovery and Trial Date; Case No. 11-cv-2359 MEJ

5

n:\lit\li2011\111109\00778893.doc