Dorger et al v. City of Napa et al

Filing 92

ORDER granting 91 STIPULATION WITH PROPOSED ORDER re Continuance of Trial Date and Pretrial Conference and ORDER REFERRING CASE to Magistrate Judge Joseph C. Spero for Settlement. Final Pretrial Conference continued to 12/15/2014 and Jury Trial continued to 1/12/2015 08:30 AM, both in Courtroom 12, 19th Floor, San Francisco before Hon. William H. Orrick. Signed by Judge William H. Orrick on 03/14/2014. (jmdS, COURT STAFF) (Filed on 3/14/2014)

1
2
3
4
5
6

LAW OFFICES OF

WALKUP, MELODIA, KELLY & SCHOENBERGER
A PROFESSIONAL CORPORATION

650 CALIFORNIA STREET, 26TH FLOOR
SAN FRANCISCO, CALIFORNIA 94108-2615
[phone]

MICHAEL A. KELLY (State Bar #71460)
KHALDOUN A. BAGHDADI (State Bar #190111)
ATTORNEYS FOR PLAINTIFFS

7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
11
12
13

SAMANDA DORGER, INDIVIDUALLY AND
AS SUCCESSOR-IN-INTEREST TO THE
ESTATE of RICHARD POCCIA; GABRIELLE
POCCIA,

14

Plaintiffs,

15

Case No. 12-cv-0440-WHO
STIPULATION AND ORDER RE
CONTINUANCE OF TRIAL DATE AND
PRETRIAL CONFERENCE

v.

16
17
18
19

CITY OF NAPA; NAPA POLICE CHIEF
RICHARD MELTON, IN HIS INDIVIDUAL
AND OFFICIAL CAPACITY; NAPA POLICE
OFFICER BRAD BAKER; NAPA POLICE
OFFICER NICK DALESSI; and DOES 1
through 25,
Defendants.

20
21
22
23
24
25
26
27
28
30
31

To the Honorable Court:
The parties to this action, by and through their counsel of record, hereby stipulate and
respectfully request as follows:
1.

The parties to this action have been working diligently and cooperatively to

complete discovery to prepare for trial.
2.

However, some issues have arisen, outside of their control, which prevent them

from completing the depositions and fact discovery and expert disclosures and expert discovery
necessary to afford a fair trial.
STIPULATION AND ORDER RE CONTINUANCE OF TRIAL DATE AND PRETRIAL CONFERENCE
CASE NO. 12-CV-0440-WHO

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LAW OFFICES OF

WALKUP, MELODIA, KELLY
& SCHOENBERGER

30

A PROFESSIONAL CORPORATION

650 CALIFORNIA STREET
26TH FLOOR
SAN FRANCISCO, CA 94108
[phone]

31

a.

Namely, decedent's treating physician (Dr. Peter Matthews) initially agreed

to a date for his deposition, and then requested that his counsel be present. Though this request is
understandable, his counsel is not available for deposition until April 15, 16 or 18, 2014. This
presents an extreme challenge for the experts to receive, digest and complete reports pursuant to
FRCP Rule 26.
b.

In addition, the pathologist who performed the autopsy on decedent (Dr.

Mark Super) has been unresponsive, despite repeated attempts to contact and obtain dates for
voluntary appearance at deposition. Though the parties hoped to avoid doing so, a subpoena will
be issued for a date that works for counsel to get this deposition complete.
c.

The decedent's treating psychiatrist (Dr. Alex Stalcup) has also been

unresponsive, despite repeated contact attempts to arrange his deposition and will also necessitate
a subpoena and possibly a motion to compel his attendance at his deposition.
d.

Because a new issue has arisen regarding the knife that was located next to

the body of the decedent, it is now being arranged, in cooperation with the State Department of
Justice, to conduct DNA touch testing analysis of swabbed materials lifted from the knife during
the original forensic evidence collection for comparison to DNA samples from the officers who
were on scene, including the two defendant officers. The DOJ Lab is cooperating and may have
test results by mid-May - June 2014 but have stated additional time to complete the DNA testing
would be appreciated.
e.

Depositions of Investigators from the State of California Board of Quality

Assurance for Nursing who were involved in the administrative proceeding to terminate decedent's
nursing license (there was an evidentiary hearing scheduled for a date two weeks after his death)
still have to be completed as well as a deposition of the attorney representing decedent in that
proceeding.
4.

All of this discovery must be completed before the retained experts may complete

their work and issue their Rule 26 Reports and then be deposed.
5.

The parties have accordingly conferred, and respectfully submit that a continuance

of the trial and corresponding deadlines is therefore appropriate.
2
STIPULATION AND ORDER RE CONTINUANCE OF TRIAL DATE AND PRETRIAL CONFERENCE
CASE NO. 12-CV-0440-WHO

1
2
3
4
5
6
7
8

6.

After consulting their calendars, those of the experts, witnesses and parties and

after consultation with the Court's courtroom deputy, a new proposed trial date of January 12,
2015 is requested.
7.

All pre-trial deadlines would be governed by this date, with a pre-trial conference

to be held, at the Court's discretion and availability, during the week of December 8, 2014.
8.

Should the Court have any questions concerning this relief, counsel are available

and willing to appear to discuss the above issues in detail.

9
10

Dated: March 12, 2014

Respectfully Submitted,
W ALKUP , M ELODIA , K ELLY & S CHOENBERGER

11
12

/s/ Khaldoun A. Baghdadi
KHALDOUN A. BAGHDADI
Attorneys for Plaintiffs

13
14
15

Dated: March 12, 2014

F OX B ERTRAND & E LLIOT

16
17

/s/ Gregory Fox
GREGORY FOX
Attorneys for Defendants

18
19
20
21
22
23
24

ATTORNEY ATTESTATION
I hereby attest that I have on file all holograph signatures for any signatures indicated by a
“conformed” signature (/s/) within this E-filed document.
Dated: March 12, 2014

/s/ Khaldoun A. Baghdadi
KHALDOUN A. BAGHDADI

25
26
27
28
LAW OFFICES OF

WALKUP, MELODIA, KELLY
& SCHOENBERGER

30

A PROFESSIONAL CORPORATION

650 CALIFORNIA STREET
26TH FLOOR
SAN FRANCISCO, CA 94108
[phone]

31

3
STIPULATION AND ORDER RE CONTINUANCE OF TRIAL DATE AND PRETRIAL CONFERENCE
CASE NO. 12-CV-0440-WHO

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17

ORDER
Having considered the stipulated request of the parties, the Court orders as follows:
1.

Good cause having been shown, and in light of the stipulation of the parties, the

trial date of May 12, 2014 is hereby vacated.
2.

Trial is now set for January 12, 2015. The pre-trial conference shall be held on

December 15, 2014.
3.

It is unclear to the Court what the parties meant by suggesting that all pretrial

deadlines would be governed by the trial date. To add a bit of clarity, the depositions described in
the stipulated request, and all expert discovery, shall be concluded by October 31, 2014. If either
party wants the Court to issue a more detailed schedule for the depositions, expert reports and
expert depositions, or for any reason thinks a case management conference would be useful at this
juncture, please contact Ms. Davis, the courtroom deputy.
4.

This matter is referred to Magistrate Judge Joseph Spero for a settlement

conference to occur at Judge Spero’s and the parties’ convenience during the month of November,
2014. The parties shall contact Judge Spero’s courtroom deputy in two weeks if the date and time
for the settlement conference has not been determined.

18

IT IS SO ORDERED.

19

DATED: March 14, 2014

20

________________________________________
THE HONORABLE WILLIAM H. ORRICK
UNITED STATES DISTRICT JUDGE

21
22
23
24
25
26
27
28
LAW OFFICES OF

WALKUP, MELODIA, KELLY
& SCHOENBERGER

30

A PROFESSIONAL CORPORATION

650 CALIFORNIA STREET
26TH FLOOR
SAN FRANCISCO, CA 94108
[phone]

31

4
STIPULATION AND ORDER RE CONTINUANCE OF TRIAL DATE AND PRETRIAL CONFERENCE
CASE NO. 12-CV-0440-WHO