Manzanillo v. Lewis et al

Filing 201

STIPULATION AND ORDER re 200 STIPULATION WITH PROPOSED ORDER MODIFYING EXPERT DISCLOSURE DEADLINES filed by Raymond J. Manzanillo. Damages Expert disclosures 12/1/2016. Damages Expert rebuttal 12/15/2016. Damages Expert discovery cut-off 12/30/2016. Signed by Judge Jon S. Tigar on September 2, 2016. (wsn, COURT STAFF) (Filed on 9/2/2016)

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SEYFARTH SHAW LLP
Francis J. Ortman III (SBN 213202); [e-mail]
Aryeh M. Hersher (SBN 260321); [e-mail]
Jason M. Allen (SBN 284432); [e-mail]
Michael A. Wahlander (SBN 260781); [e-mail]
560 Mission Street, 31st Floor, San Francisco, California 94105
Telephone: [phone] / Facsimile: [phone]
Attorneys for Plaintiff
RAYMOND J. MANZANILLO
MCNAMARA LAW FIRM
Peter Jon Hirsig (SBN 197993); [e-mail]
William Lee McCaslin (SBN 249976); [e-mail]
639 Kentucky Street, First Floor, Fairfield, CA 94533
Telephone: [phone] / Facsimile: [phone]
Attorneys for Defendant
N. BROWN

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KAMALA D. HARRIS
Attorney General of California
MARISA Y. KIRSCHENBAUER
Supervising Deputy Attorney General
Michael James Quinn (SBN 209542); [e-mail]
California State Attorney General’s Office
455 Golden Gate Avenue, Suite 11000,
San Francisco, CA 94102-7004
Telephone: [phone] / Facsimile: [phone]

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Attorneys for Defendants
GREGORY D. LEWIS; J. HALLOCK; K. MCGUYER; MATTHEW CATE
AND T.A. WOOD

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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RAYMOND J. MANZANILLO,

Case No. 3:12-cv-05983-JST

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Plaintiff,
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v.

STIPULATION AND [PROPOSED]
ORDER MODIFYING EXPERT
DISCLOSURE DEADLINES

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GREGORY D. LEWIS, et al.,
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Defendants.
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STIPULATION AND [PROPOSED] ORDER TO MODIFY EXPERT DISCLOSURE DEADLINES / CASE NO. 3:12CV-05983-JST

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Plaintiff Raymond Manzanillo (“Plaintiff”) and Defendants N. Brown, Gregory D. Lewis, J.

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Hallock, K. McGuyer, Matthew Cate, and T.A. Wood (“Defendants”) (collectively the “Parties”) by and

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through their counsel hereby stipulate and jointly request the Court to modify certain deadlines in the

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Scheduling Order issued on May 18, 2016 (Dkt. No. 199).

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The current expert disclosure deadline is September 9, 2016. Plaintiff retained a psychiatric

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expert to provide testimony about his emotional distress damages resulting from the incident described

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in the First Amended Complaint. To provide that testimony, the expert must perform an evaluation of

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Plaintiff, which is expected to last about eight hours. Plaintiff is currently incarcerated in Kern Valley

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State Prison in Delano, California. Last week, the Litigation Coordinator for that prison informed

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Plaintiff’s counsel that they did not have a room available for such an evaluation until September 19,

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2016. As a result, given the current expert disclosure schedule, Plaintiff’s expert cannot evaluate

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Plaintiff in time to draft a report to comply those deadlines.

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The Parties agree that the upcoming summary judgment motions will not involve issues

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regarding Plaintiff’s emotional distress damages, but may involve expert testimony regarding liability

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issues. Plaintiff has retained an correctional practices expert that may provide testimony during the

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summary judgment briefing. Plaintiff will be able to make a proper disclosure of this expert, along with

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the corresponding report, in compliance with the current disclosure schedule.

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To conserve resources and to allow Plaintiff’s psychiatric expert sufficient time to perform a

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proper examination of Plaintiff, the Parties stipulate to defer disclosure of damages experts until after the

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Court decides any dispositive motions, such as motions for summary judgment. Modifying the schedule

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in this manner will allow the Parties to avoid any unnecessary expenditure of resources. The Parties also

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stipulate to keep the current disclosure schedule for liability experts so that the Parties will have the

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opportunity to have that information, take appropriate depositions, and make appropriate rebuttal

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disclosures (if needed) prior to any summary judgment motions are filed. Accordingly, the Parties

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request that damages expert disclosures be done on the following schedule: Disclosures due by

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December 1, 2016, Rebuttal Disclosures due by December 15, 2016, and Expert Discovery Cut-off on

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December 30, 2016.

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//
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STIPULATION AND [PROPOSED] ORDER TO MODIFY EXPERT DISCLOSURE DEADLINES / CASE NO. 3:12CV-05983-JST

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The Parties proposed the following modified schedule:

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Event

Date

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Fact discovery cut-off

September 3, 2016

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Liability Expert disclosures

September 9, 2016

Liability Expert rebuttal

September 30, 2016

Liability Expert discovery cut-off

October 14, 2016

Deadline to file dispositive motions

October 21, 2016

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Damages Expert disclosures

December 1, 2016

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Damages Expert rebuttal

December 15, 2016

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Damages Expert discovery cut-off

December 30, 2016

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Pretrial conference statement due

January 10, 2017

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January 19, 2017, at 2:00 p.m.

Pretrial conference

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February 6, 2017, at 8:30 a.m.

Trial
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IT IS SO STIPULATED.
DATED: August 31, 2016

Respectfully submitted,

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SEYFARTH SHAW LLP

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By: /s/ Michael A. Wahlander
Francis J. Ortman III
Aryeh M. Hersher
Jason M. Allen
Michael A. Wahlander

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Attorneys for Plaintiff
RAYMOND J. MANZANILLO

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STIPULATION AND [PROPOSED] ORDER TO MODIFY EXPERT DISCLOSURE DEADLINES / CASE NO. 3:12CV-05983-JST

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DATED: August 31, 2016

Respectfully submitted,

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MCNAMARA LAW FIRM

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By: /s/ William Lee McCaslin
Peter Jon Hirsig
William Lee McCaslin

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Attorneys for Defendant
N. BROWN

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DATED: August 31, 2016

Respectfully submitted,

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CALIFORNIA STATE ATTORNEY
GENERAL’S OFFICE

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By: /s/ Michael James Quinn
Michael James Quinn

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Attorneys for Defendants
GREGORY D. LEWIS; J. HALLOCK;
K. MCGUYER; MATTHEW CATE AND
T.A. WOOD

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STIPULATION AND [PROPOSED] ORDER TO MODIFY EXPERT DISCLOSURE DEADLINES / CASE NO. 3:12CV-05983-JST

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ATTESTATION PURSUANT TO LOCAL RULE 5-1(i)(3)
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I, Michael A. Wahlander, attest that concurrence in the filing of this stipulation has been
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obtained from the signatories, William Lee McCaslin and Michael James Quinn, counsel for
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Defendants.
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Executed this 31st day of August 2016, in San Francisco, CA.
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/s/

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Michael A. Wahlander_______
Michael A. Wahlander

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IT IS SO ORDERED.

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D
_____________________________________
RDERE
S SO O JON S. TIGAR
THE HONORABLE
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United States District Court Judge
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September 2, 2016
Dated: ________________________

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199] is modified to reflect the dates set forth in the Parties’ stipulation.

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Pursuant to the Parties’ stipulation and good cause appearing, the Scheduling Order [ECF No.

UNIT
ED

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[PROPOSED] ORDER

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D IS T IC T O
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STIPULATION AND [PROPOSED] ORDER TO MODIFY EXPERT DISCLOSURE DEADLINES / CASE NO. 3:12CV-05983-JST