McGee v. County of Alameda et al

Filing 73

STIPULATION AND ORDER re 71 STIPULATION WITH PROPOSED ORDER REGARDING ADR; EXPERT WITNESS DESIGNATIONS; AND FACT DISCOVERY CUTOFF filed by Carolyn Copeland, Joe Pervoe. Signed by Judge Jon S. Tigar on February 6, 2015. Correction of docket 72 (wsn, COURT STAFF) (Filed on 2/6/2015).

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JOHN L. BURRIS, Esq. (SBN 69888)
BENJAMIN NISENBAUM, Esq. (SBN 222173)
LAW OFFICES OF JOHN L. BURRIS
Airport Corporate Centre
7677 Oakport Street, Suite 1120
Oakland, California 94621
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CAROLYN COPELAND, et al.,
Plaintiffs,

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CASE NO.: 4:12-cv-04286 JST

STIPULATION REGARDING ADR,
EXPERT WITNESS DESIGNATIONS, AND
FACT DISCOVERY CUTOFF (PROPOSED)
ORDER

vs.
COUNTY OF ALAMEDA, et al.,
Defendants.

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STIPULATION
WHEREAS, the parties have proceeded with conducting discovery in the instant action;
WHEREAS, the parties previously submitted to the Court a Notice of Need for ADR phone
conference, on October 14, 2014, to select an ADR method to attempt to resolve the instant action,
pursuant to the Court’s Order of October 8, 2014;
WHEREAS, no ADR phone conference has been scheduled yet;
WHEREAS, the parties are completing discovery;
WHEREAS, Plaintiffs had previously set Defendants’ depositions to take place in early

STIPULATION REGARDING ADR, EXPERT WITNESS DESIGNATIONS, AND FACT DISCOVERY CUTOFF
Case No. 4:12-cv-04286 JST-

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December, 2014, and moved Defendants ‘depositions, at their request to the end of January 2015;
WHEREAS, Defendants set Plaintiffs’ depositions for January 30, 2015;

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WHEREAS, Defendants have propounded contention interrogatories on Plaintiffs, which
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cannot be meaningfully completed until the depositions of defendants have been completed;
WHEREAS, the parties have met and conferred regarding ADR, and wish to select a mediator
from the Court’s ADR panel, in furtherance of resolving the instant action;
WHEREAS, fact discovery in this action is set to cutoff on February 3, 2015;

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WHEREAS, Expert Witness Designations are due to be exchanged by February 27, 2015;
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WHEREAS, Expert discovery in this action is set to cutoff on April 29, 2015;

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WHEREAS, the retention of retained expert witnesses in this matter will be one of the most

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significant costs each party incurs in this action, and will include, at a minimum, retained use of

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force, jail practice, and medical experts;
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WHEREFORE, the parties respectfully request that the Court’s scheduling order in this action

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(Doc. 56) be modified to allow the parties to attempt to resolve this action through the Court’s ADR

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mediation program without incurring the substantial cost of expert witnesses, by:

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1.

Extending the completion of fact discovery to March 5, 2015, such that Plaintiffs can

meaningfully respond to Defendants’ contention interrogatories after having deposed defendants.

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2.

Extending the date for exchange of Opening Expert Witnesses Designations and

Reports to April 29, 2015;
3.

Extending the Expert Discovery date to June 12, 2015;

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Ordering the Court’s ADR unit to send the case to mediation to one of the ADR unit’s

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mediators with expertise in section 1983 use of force cases, such that mediation is conducted prior to
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STIPULATION REGARDING ADR, EXPERT WITNESS DESIGNATIONS, AND FACT DISCOVERY CUTOFF
Case No. 4:12-cv-04286 JST-

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the exchange of expert witness designations. Counsel for the parties agree that sinking significant

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costs into expert witnesses in this case may be counterproductive to this case’s settlement prospects.

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Respectfully submitted,
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Dated: February 2, 2015

THE LAW OFFICES OF JOHN L. BURRIS

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/s Benjamin Nisenbaum__
Benjamin Nisenbaum
Attorney for Plaintiff

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Dated: February 2, 2015

BERTRAND, FOX & ELLIOT

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/s/_______________________
Michael Wenzel
Attorney for Defendants

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(PROPOSED) ORDER

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GOOD CAUSE SHOWN, the Court hereby orders as follows:
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select an available mediator. The ADR unit shall contact the parties counsel to discuss

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available mediators within one week of the issuance of this Order.
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shall respond to Defendants’ contention interrogatories by the close of fact discovery.
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The close of expert discovery is hereby extended to June 12, 2015.
S DISTRICT
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TA
IT IS SO ORDERED.

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February 6, 2015
Dated:______________

D
RDERE
IS SO O
IT
_________________________
HON. JON S. TIGAR
UNITED STATESoDISTRICT JUDGE
S . Ti ga r
d ge J n
Ju

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extended to April 29, 2015.

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The date of exchange for Opening Expert Witness Designations and report is hereby

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The close of fact discovery is hereby extended to March 5, 2015, such that Plaintiffs

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This case is referred immediately forthwith the Court’s ADR unit, for the parties to

UNIT
ED

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N
STIPULATION REGARDING ADR, EXPERT WITNESS DESIGNATIONS, AND FACT DISCOVERY CUTOFFO F
D IS T IC T
Case No. 4:12-cv-04286 JSTR

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