Henderson v. Hernandez et al

Filing 131

STIPULATION AND ORDER re 130 STIPULATION WITH PROPOSED ORDER to Continue the Case Schedule filed by Johndell Henderson. Close of fact discovery 3/1/2019. Expert disclosures and opening expert reports due 3/15/2019. Rebuttal expert disclosures and rebuttal reports due 3/29/2019. Close of expert discovery 4/12/2019. Deadline for summary-judgment motions 5/3/2019. Signed by Judge Jon S. Tigar on December 3, 2018. (wsn, COURT STAFF) (Filed on 12/3/2018)

1
2
3
4
5
6

Michael W. Melendez (SBN 125895)
Teri Mae Rutledge (SBN 261229)
COZEN O'CONNOR
101 Montgomery Street, Suite 1400
San Francisco, CA 94104
Tel:
415.644.0914
Fax:
415.644.0978
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff
JOHNDELL HENDERSON

7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
11

JOHNDELL HENDERSON,
Plaintiff,

12

STIPULATION AND MOTION TO
CONTINUE THE CASE SCHEDULE

v.

13
14

Case No.: 3:14-cv-01857-JST

CAROLYN HERNANDEZ; W.L. MUNIZ, et al. ,
Defendants.

15

FED. R. CIV. PROC. 16(B)(4); L.R. 162(D); L.R. 7-1; L.R. 7-12
Judge:

Jon S. Tigar

16
17

Defendants C. Hernandez and W.L. Muniz, joined by Plaintiff Johndell Henderson (the

18

“Parties”) hereby stipulate and move for the following modifications of the Case Schedule pursuant

19

to Federal Rule of Civil Procedure 16(b)(4) and Local Rule 16-2(d), for the reasons set forth below.

20

I.

CIRCUMSTANCES CONSTITUTING GOOD FAITH REASONS TO MODIFY
CASE MANAGEMENT ORDER

21
22

Henderson’s Motion to Modify or Rescind the Court’s previous summary judgment order is

23

submitted and pending before the Court. (ECF Nos. 126-129.) That Motion, if granted, would

24

substantially affect the scope of discovery in this action.

25

In light of the pending motion, the Plaintiff has not pursued discovery that is outside the

26

scope of the claims as they stand after the Court’s grant of summary judgment (which was entered

27

before counsel for Mr. Henderson was appointed).

28

///
LEGAL\39242602\1

1
CASE NO.: 3:14-CV-01857-JST
STIPULATION AND MOTION TO CONTINUE THE CASE SCHEDULE

1

PROPOSED CASE SCHEDULE MODIFICATION1

II.

2

Based on the foregoing, the Parties hereby stipulate, and respectfully request of the Court,

3

the following modification of the Case Management deadlines, which continues to current schedule

4

approximately two months:

5

Currently
Scheduled Date

Event

6

Proposed
Modification

Close of fact discovery

December 28, 2018

March 1, 2019

Expert disclosures and opening expert reports due

January 25, 2019

March 15, 2019

Rebuttal expert disclosures and rebuttal reports due

February 18, 2019

March 29, 2019

Close of expert discovery

March 8, 2019

April 12, 2019

10

Deadline for summary-judgment motions

April 18, 2019

May 3, 2019

11

Pretrial conference statement due

July 26, 2019

July 26, 2019

12

Pretrial Conference

August 2, 2019 at
2:00 p.m.

August 2, 2019 at
2:00 p.m.

13

Trial

August 26, 2019 at
8:30 a.m.

August 26, 2019 at
8:30 a.m.

7
8
9

14
15

Dated: November 30, 2018

16

COZEN O'CONNOR
By: /s/ Teri Mae Rutledge
Michael W. Melendez
Teri Mae Rutledge
Attorneys for Plaintiff
JOHNDELL HENDERSON

17
18
19
20

Dated: November 30, 2018

STATE OF CALIFORNIA, ATTORNEY
GENERAL’S OFFICE

21
By: /s/ Jeffrey Fisher
Jeffrey Fisher
Deputy Attorney General
Attorneys for Defendants
C. HERNANDEZ and W.L. MUNIZ

22
23
24
25
26
27
28

1

The Parties have not sought to move the trial date due to a potential conflict with defense counsel’s trial in Hunter
v. Sokoloff, No. C 14-05031-JST (PR), currently scheduled for December 9, 2019, before this Court. If the Court
has concerns about any aspect of the proposed schedule, the Parties ask the Court to set a scheduling conference or
otherwise identify another available trial date (preferably at least 45 days from December 9, 2019) around which
the Parties can plan a proposed schedule.

LEGAL\39242602\1

2
CASE NO.: 3:14-CV-01857-JST
STIPULATION AND MOTION TO CONTINUE THE CASE SCHEDULE

ORDER

1
2
3

Pursuant to stipulation and good cause appearing therein, IT IS SO ORDERED.
Dated: December 3, 2018

4
The Honorable Jon S. Tigar
United States District Court
Northern District of California

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LEGAL\39242602\1

3
CASE NO.: 3:14-CV-01857-JST
STIPULATION AND MOTION TO CONTINUE THE CASE SCHEDULE

1
2
3
4

PROOF OF SERVICE
I, the undersigned, declare that I am employed in the city of San Francisco, State of
California. I am over the age of 18 years and not a party to the within cause; my business address
is 101 Montgomery Street, Suite 1400, San Francisco, California.
On December 3, 2018, I served the following documents:

5

STIPULATION AND MOTION TO CONTINUE THE CASE
SCHEDULE

6
7
8

on the following interested party(ies) in the matter of Henderson v. Hernandez, et al., U.S.D.C.
Northern California Case No. 3:14-cv-01857-JST:

9

SERVICE LIST

10
11
12
13
14

Xavier Becerra
William C. Kwong
Ian Michael Ellis
Jeffrey T. Fisher
California State Attorney General’s Office
Correctional Law Section
455 Golden Gate Avenue, Suite 11000
San Francisco, California 94102

Counsel for Defendants,
Carolyn Hernandez; W.L. Muniz, et al.
Tel:
Fax:
Email:

[phone]
[phone]
[e-mail]
[e-mail]

15
16



17

By electronic service. Based on a court order or an agreement of the parties
to accept electronic service, I caused the documents to be sent to the persons
at the electronic service addresses listed.

18
19
20

I declare under penalty of perjury that the foregoing is true and correct and that this
declaration was executed on December 3, 2018 at San Francisco, California.

21
22

Andrea Mackenzie

23
24
25
26
27
28
LEGAL\39242602\1

4
CASE NO.: 3:14-CV-01857-JST
STIPULATION AND MOTION TO CONTINUE THE CASE SCHEDULE

1
2

ECF ATTESTATION
I, Teri Mae Rutledge, am the ECF user whose ID and password are being used to file this

3

document. I hereby attest that Jeffrey Fisher has concurred in this filing.

4

Dated: December 3, 2018

5

COZEN O'CONNOR
By: /s/ Teri Mae Rutledge
Michael W. Melendez
Teri Mae Rutledge
Attorneys for Plaintiff
JOHNDELL HENDERSON

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LEGAL\39242602\1

5
CASE NO.: 3:14-CV-01857-JST
STIPULATION AND MOTION TO CONTINUE THE CASE SCHEDULE