Riese v. County of Del Norte et al

Filing 128

ORDER granting 127 Stipulation. Discovery cutoff: 6/10/2014. Dispositive motions to be heard by 8/6/2014. Signed by Judge William H. Orrick on 05/15/2014. (jmdS, COURT STAFF) (Filed on 5/16/2014)

1
2
3
4
5
6

ANN M. ASIANO (SBN 094891)
JORDAN M. GREEN (SBN 130353)
BRADLEY, CURLEY, ASIANO,
BARRABEE, ABEL & KOWALSKI, P.C.
1100 Larkspur Landing Circle, Suite 200
Larkspur, CA 94939
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Defendant
JON ALEXANDER

7

UNITED STATES DISTRICT COURT

8
9

NORTHERN DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16
17
18
19

)
)
)
Plaintiff,
)
)
v.
)
COUNTY OF DEL NORTE; CRESCENT )
)
CITY; CRESCENT CITY POLICE
)
DEPARTMENT; COUNTY OF DEL
)
NORTE SHERIFF’S DEPARTMENT;
JON ALEXANDER; BRIAN NEWMAN; )
)
RICHARD GRIFFIN; BOB BARBER;
)
KEITH DOYLE; DOUG PLACK; DOES
)
1-10 inclusive,
)
)
Defendants.
___________________________________ )
MICHAEL REISE, an individual,

Case Number CV-12-03723-WHO
THE PARTIES’ STIPULATION AND
ORDER TO EXTEND DEADLINE
FOR COMPLETION OF DISCOVERY
______________________________________
Complaint Filed: July 16, 2012
Trial Date: July 14, 2014

20
21

Counsel for Defendants COUNTY OF DEL NORTE, RICHARD GIFFIN, CRECENT CITY;

22
23

CRESCENT CITY POLICE DEPARTMENT, KEITH DOYLE, DOUG PLACK and JON

24

ALEXANDER (“Defendants”), and Plaintiff MICHAEL RIESE (“Plaintiff”) hereby stipulate to extend

25

the deadline to complete discovery in this matter. The parties respectively request the Court to extend

26

that deadline to June 10, 2014.

27

Good cause exists to grant this request for the reasons outlined in the parties previous

28
Stipulation and request for the Court to continue the trial date and all related deadlines. Moreover,
____________________________________________________________________
-1PARTIES’ STIPULATION TO CONTINUE JURY TRIAL AND ALL RELATED DATES
UNITED STATES DISTRICT COURT CASE NUMBER CV-12-03723-WHO

although that request was not granted, the Court did indicate a willingness to extend the discovery
1
2

deadline to June 10, 2014.

3

PROCEDURAL HISTORY: See prior Stipulation for continuance of trial and all related

4

deadlines.
ARGUMENT: See prior Stipulation for continuance of trial and all related deadlines. Since

5
6
7

that time and the parties have agreed to the following deposition schedule:
May 27

Deposition of Keith Doyle (Crescent City)

9

May 28

Deposition of Stephanie Riese (San Diego)

10

May 30

Deposition of Tess Abad (Crescent City)

11

June 3

Deposition of Don Micheletti, M.D. and tentative deposition of COUNTY IT

8

12

person

13
June 4

Depositions of Lisa Specchio, Dawn Walker and Padilla (Crescent City)

15

June 5 & 6

Deposition of Jon Alexander (location to be determined.

16

June 10

Depositions of Katie Micks and Sheriff Wilson (Crescent City)

17

There may be additional depositions required by the parties, including CHP Officer Mola, whose

14

18

location has yet to be determined, and Jennifer Brown.

19
20

DISPOSITIVE MOTIONS

21

The parties also request a continuance to hear dispositive motions. The parties will need the

22

certified transcripts of the witnesses to use in their dispositive motions. The turn around time for

23

deposition transcripts is approximately two-weeks. Thus, the parties will not have the transcripts of

24

Katie Micks and Sheriff Wilson, two key witnesses, until approximately June 24, 2014. The parties are

25
26

requesting one week to prepare their dispositive motions with cites to the transcripts. Thus, the parties

27

are requesting to file their dispositive motions on or before July 1, 2014, to be heard on or before

28
____________________________________________________________________
-2PARTIES STIPULATION AND ORDER TO EXTEND DEADLINE FOR COMPLETION OF DISCOVERY
UNITED STATES DISTRICT COURT CASE NUMBER CV-12-03723-WHO

Wednesday, August 6, 2014.
1
2

CONCLUSION

3

The parties hereby respectfully request an extension of the discovery cut-off deadline to June

4

10, 2014 and for dispositive motions to be heard on or before August 6, 2014. Good cause exists to

5

grant this extension because (a) the parties have shown their good faith thus far in communicating via

6
7

telephone and e-mail on a daily basis and a conference call on May 12, 2014 to schedule witness and

8

party depositions, but are unable to schedule them before the current discovery cut-off date and (b) due

9

to the nature of Plaintiff’s allegations, there is a history of contacts with law enforcement officers that

10

took place over a seven-year stretch. Due to the complexity of issues, the number of contacts to cover,

11

and the number of parties with various interests in the case, witness depositions are taking the full

12
13

seven hours, so parties have been unable to depose more than one party on a single date, despite trying

14

to do so. The parties are working together and have made a significant amount of progress, but they

15

need more time to complete witness depositions.

16

Dated: May 12, 2014

BRADLEY, CURLEY, ASIANO,
BARRABEE, ABEL & KOWALSKI, P.C.

17
18
By:

19
20
21

/s/ Jordan M. Green___________________________
ANN M. ASIANO
JORDAN M. GREEN
Attorneys for Defendant
JON ALEXANDER

22
23

Dated: May 12, 2014

PATTON, WOLAN, CARLISLE, LLP

24
25
26
27
28

By:

/s/ Clariza C. Garcia_____________________________
STEVEN C. WOLAN
CLARIZA C. GARCIA
Attorneys for Defendants
COUNTY OF DEL NORTE AND
RICHARD GRIFFIN

____________________________________________________________________
-3PARTIES STIPULATION AND ORDER TO EXTEND DEADLINE FOR COMPLETION OF DISCOVERY
UNITED STATES DISTRICT COURT CASE NUMBER CV-12-03723-WHO

1
2

Dated: May 12, 2014

3

HUNT & JEPPSON, LLP
By:

4
5
6
7

Dated: May12, 2014

_/s/ Spencer Christesen_________________________
SPENCER CHRISTENSEN
Attorneys for Defendants
CRESCENT CITY, CRESCENT CITY POLICE
DEPARTMENT, KEITH DOYLE & DOUG PLACK
BERG & ASSOCIATES

8
By:

9
10
11

/s/ Howard Churchill________________________ ___
HOWARD CHURCHILL
Attorneys for Plaintiff
MICHAEL RIESE

.

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
____________________________________________________________________
-4PARTIES STIPULATION AND ORDER TO EXTEND DEADLINE FOR COMPLETION OF DISCOVERY
UNITED STATES DISTRICT COURT CASE NUMBER CV-12-03723-WHO

ORDER
1
2
3

PURSUANT TO STIPULATION AND THE COURT FINDING GOOD CAUSE, IT IS
HEREBY ORDERED that:

4
5
6

Non-Expert Discovery cutoff:

June 10, 2014
____________________________

Dispositive Motions heard by:

August 6, 2014
____________________________

7
8
9
10

DATED:____________________
May 16, 2014

______________________________________
HONORABLE WILLIAM H. ORRICK
UNITED STATES DISTRICT COURT JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
____________________________________________________________________
-5PARTIES STIPULATION AND ORDER TO EXTEND DEADLINE FOR COMPLETION OF DISCOVERY
UNITED STATES DISTRICT COURT CASE NUMBER CV-12-03723-WHO