Goins et al v. County of Alameda et al

Filing 31

STIPULATION AND ORDER MODIFYING CASE MANAGEMENT SCHEDULE. Discovery due by 8/18/2015. Signed by Judge Vince Chhabria on 7/1/2015. (knm, COURT STAFF) (Filed on 7/1/2015)

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JOHN L. BURRIS, Esq./ State Bar #69888
BENJAMIN NISENBAUM, Esq./ State Bar #222173
LAW OFFICES OF JOHN L. BURRIS
Airport Corporate Centre
7677 Oakport Street, Suite 1120
Oakland, California 94621
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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BELINDA GOINS, individually and as cosuccessor-in-interest to DAVID GOINS; DAVID
GOINS, JR., individually and as co-successor-ininterest to DAVID GOINS; MARTIN GOINS,
individually and as co-successor-in-interest to
DAVID GOINS; RICHARD GOINS,
individually and as co-successor-in-interest to
DAVID GOINS,

Case No. C 14-03806 VC
STIPULATION AND (PROPOSED) ORDER
MODIFYING CASE MANAGEMENT
SCHEDULE

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Plaintiffs,
vs.
COUNTY OF ALAMEDA, a municipal
corporation; GREGORY J. AHERN, in his
capacity as Sheriff for the COUNTY OF
ALAMEDA; SIERRY WILHELM, individually
and in his official capacity as a sergeant for the
COUNTY OF ALAMDEA; ROBERT
GRIFFITH, individually and in his official
capacity as a deputy sheriff for the COUNTY OF
ALAMEDA; MARIO FELIX, individually and
in his official capacity as a lieutenant for the
COUNTY OF ALAMEDA; and DOES 4-100,
inclusive,

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Defendants.
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STIPULATION AND (PROPOSED) ORDER MODIFYING SCHEDULING ORDER
GOINS, et al. v. COUNTY OF ALAMEDA, et al.

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STIPULATION

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WHEREAS, the parties have proceeded with conducting discovery in the instant action;

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WHEREAS, the depositions of Plaintiffs and Defendants have been noticed, but have been

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delayed by conflicts in plaintiffs and defendants calendars;
WHEREAS, Expert Witness Designations were due in this matter to be exchanged by June
26, 2015;
WHEREAS, counsel for the parties have agreed to postpone the exchange of expert witness
disclosures until after the completion of a settlement conference;
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 retained use of force,

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reconstruction/human factors, and medical experts;

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WHEREAS, the settlement conference in this case was originally scheduled to occur April 8,
2015, and was then re-set by Magistrate Judge Beeler to June 26, 2015 (Docket No. 25);
WHEREAS, the settlement conference in this case was then postponed to July 17, 2015, due

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to another settlement conference in a different matter (Jimenez, et al. v. County of Alameda, et al.

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Northern Dist. Case No. 13-14620 CRB, in which the same undersigned counsel represents Plaintiffs

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and Defendants, was ordered by Judge Breyer to occur in place of the settlement conference in the

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instant action, also before Magistrate Judge Beeler (Docket No. 27);

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WHEREFORE, the parties respectfully request that the Court’s scheduling order in this action

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(Docket No. 19) be modified to allow the parties to attempt to resolve this action prior to incurring

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the significant costs of necessary expert witnesses, which may be detrimental to settlement

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discussions by:

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1.

Extending the date for exchange of Opening Expert Witnesses Designations and

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Reports to September 1, 2015, to allow for retention of experts, and preparation, and completion of

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opening expert witness reports;

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STIPULATION AND (PROPOSED) ORDER MODIFYING SCHEDULING ORDER
GOINS, et al. v. COUNTY OF ALAMEDA, et al.

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2.

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Extending the completion of fact discovery to August 18, 2015, such that any

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remaining fact discovery after the settlement conference is conducted can be completed in time for

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expert witness consideration.
The proposed modifications should have no impact on the remainder of the Court’s

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scheduling order, which requires Dispositive Motions be filed such that they are heard by October 15,

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2015.

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Respectfully submitted,

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Dated: June 29, 2015

THE LAW OFFICES OF JOHN L. BURRIS

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/s/ Benjamin Nisenbaum__
Benjamin Nisenbaum, Esq.
Attorney for Plaintiff

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Dated: June 29, 2015

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BOORNAZIAN, JENSEN & GARTHE
A Professional Corporation
/s/_Gregory J. Rockwell__
Gregory J. Rockwell, Esq.,
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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1.

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

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extended to September 1, 2015.
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2.

The close of fact discovery is hereby extended to August 18, 2015.

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Expert discovery shall close on October 1, 2015.

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No other dates shall be affected by this modification to the Court’s scheduling Order.

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IT IS SO ORDERED.
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July 1, 2015
Dated:______________

_________________________
Hon. VINCE CHHABRIA
UNITED STATES DISTRICT JUDGE

STIPULATION AND (PROPOSED) ORDER MODIFYING SCHEDULING ORDER
GOINS, et al. v. COUNTY OF ALAMEDA, et al.

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