Henderson v. Hernandez et al

Filing 148

ORDER GRANTING MOTION TO STAY CASE SCHEDULE DEADLINES / TO ORDER SETTLEMENT CONFERENCE by Judge Jon S. Tigar. (mllS, COURT STAFF) (Filed on 8/8/2019)

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
v.

13
14

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

15

Defendants.

Case No.: 3:14-cv-01857-JST
STIPULATION AND MOTION TO STAY
CASE SCHEDULE DEADLINES / TO
ORDER SETTLEMENT CONFERENCE
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
18

Defendants C. Hernandez, W.L. Muniz, M. Hodges and J.D. Lozano, joined by Plaintiff

19

Johndell Henderson (the “Parties”) hereby stipulate and move for the following modifications of the

20

Case Schedule pursuant to Federal Rule of Civil Procedure 16(b)(4) and Local Rule 16-2(d), for the

21

reasons set forth below.

22

I.

23

CIRCUMSTANCES CONSTITUTING GOOD FAITH REASONS TO MODIFY
CASE MANAGEMENT ORDER

24

The Parties have both expressed interest in attempting to settle the claims in this action.

25

They seek a stay to accommodate these efforts.1 The Parties’ first settlement conference occurred

26

when the plaintiff was unrepresented.

27
28

1

Fact discovery is not quite complete. The final deposition in this matter, of Plaintiff, was not completed due to a
mandatory inmate count at Salinas Valley State Prison while the deposition was in progress. Counsel for the
LEGAL\42347978\1
1
CASE NO.: 3:14-CV-01857-JST
STIPULATION AND MOTION TO CONTINUE CASE SCHEDULE DEADLINES

1

II.

PROPOSED STAY; REQUESTED SETTLEMENT CONFERENCE

2

The Parties hereby stipulate, and respectfully request that the Court stay the case schedule.

3

The Parties further hereby request the Court set a Settlement Conference to assist the parties with

4

their efforts to negotiate and settle Mr. Henderson’s claims.

5

III.

IN THE ALTERNATIVE: PROPOSED CASE MODIFICATION
In the alternative, if the Court denies the Parties’ request for a stay, the Parties seek an

6
7

approximately 60-day continuance2 of case deadlines to allow them to negotiate and settle the case:

8

Currently
Scheduled Date

Event

9

Close of Fact Discovery

10

July 31, 2019

Expert Disclosures and Opening Expert Reports Due August 16, 2019
11

Proposed
Modification
September 30, 2019
October 15, 2019

Rebuttal Expert Disclosures & Rebuttal Reports Due September 13, 2019 November 12, 2019

12

Expert Discovery Cut-off

October 4, 2019

December 2, 2019

13

Summary-Judgment Deadline

October 25, 2019

January 13, 2019

14

Pretrial Conference Statement Due

January 24, 2020

April 1, 2020

15

Pretrial Conference

January 31, 2020 at
2:00 p.m.

April 17, 2020
(Friday) 2:00 p.m.

16

Trial

February 24, 2020
at 8:00 a.m.

May 4, 2020
(Monday) at 8:00
a.m.

17
18
19

//

20

//

21

//

22

//

23

//

24
25
defendants has estimated three hours remain for further questioning. Should the case deadlines be continued rather
than stayed, the fact discovery period should remain open for the purpose of completing this final deposition.

26
27
28

2

The Summary Judgment deadline is expanded approximately 80 days to account for the end-of-year holiday season.
All subsequent deadlines are extended approximately 70 days to better accommodate the schedule of defense
counsel Nasstaran Ruhparwar, who has preplanned international travel from May 25, 2020, through June 8, 2020.

LEGAL\42347978\1

2

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

1

Dated: August 7, 2019

2

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

3
4
5
6

Dated: August 7, 2019

7

STATE OF CALIFORNIA, ATTORNEY
GENERAL’S OFFICE
By: /s/ Nasstaran Ruhparwar
Xavier Becerra
Attorney General of California
William C. Kwong
Supervising Deputy Attorney General
Jeffrey Fisher
Deputy Attorney General
Nasstaran Tara Ruhparwar
Deputy Attorney General
Attorneys for Defendants
C. HERNANDEZ; W.L. MUNIZ; M. HODGES;
and J.D. LOZANO

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LEGAL\42347978\1

3

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

ECF ATTESTATION

1
2
3
4

I, Teri Mae Rutledge, am the ECF User whose ID and password are being used to file this
document. In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that Nasstaran Tara
Ruhparwar has concurred in this filing.

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\42347978\1

4

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

ORDER

1
2
3

Pursuant to stipulation and good cause appearing therein, the deadlines in this case are
stayed pending a Settlement Conference and further order of this Court.

4

Such Settlement Conference will take place within 120 days of the date this order is filed, or

5

as soon thereafter as Magistrate Judge Illman’s calendar will permit. Magistrate Judge Illman will

6

coordinate a time, place, and date for one or more settlement conferences with all interested parties

7

or their representatives and, within fifteen days of the conclusion of all settlement proceedings, will

8

file with the Court a report thereon.

9
10

The Clerk will send Magistrate Judge Illman a copy of this order.
IT IS SO ORDERED.

11
12

Dated: August 8, 2019
The Honorable Jon S. Tigar
United States District Court
Northern District of California

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LEGAL\42347978\1

5

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

1

PROOF OF SERVICE

2

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.

3
4

On August 7, 2019, I served the following documents:

5

STIPULATION AND MOTION TO STAY CASE SCHEDULE
DEADLINES / TO ORDER SETTLEMENT CONFERENCE

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:
SERVICE LIST

9
10
11
12
13
14

Nasstaran Tara Ruhparwar
Jeffrey Fisher
Deputy Attorney General,
Correctional Law Section
Office of the Attorney General
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004

Counsel for Defendants,
Carolyn Hernandez; W.L. Muniz, M. Hodges
and Jared D. Lozano
Tel:
Fax:
Email:

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

15
16
17



18

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.

19
20

I declare under penalty of perjury that the foregoing is true and correct and that this
declaration was executed on August 7, 2019 at San Francisco, California.

21
22
Andrea Mackenzie
23
24
25
26
27
28
LEGAL\42347978\1

6

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