Shaun Anderson v. County of Contra Costa et al

Filing 47

JOIINT STIPULATION AND ORDER to Extend Deadline for Disclosure of Expert Witnesses and Pretrial Motions. Signed by Judge Richard Seeborg on 2/29/16. (cl, COURT STAFF) (Filed on 2/29/2016)

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DAVID M. GIVEN (SBN 142375)
[e-mail]
PHILLIPS, ERLEWINE, GIVEN & CARLIN LLP
39 Mesa Street, Suite 201
San Francisco, CA 94129
Telephone: [phone]
Fax:
415-398-0911
DANIEL SMOLEN, OBA #19943 (Pro Hac Vice)
[e-mail]
DONALD E. SMOLEN, II, OBA #19944 (Pro Hac Vice)
[e-mail]
ROBERT M. BLAKEMORE, OBA #18656 (Pro Hac Vice)
[e-mail]
SMOLEN SMOLEN & ROYTMAN, PLLC
701 South Cincinnati Avenue
Tulsa, OK 74119
Telephone: [phone]
Fax: [phone]

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Attorneys for Plaintiff
UNITED STATES DISTRICT COURT

LLP

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NORTHERN DISTRICT OF CALIFORNIA

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39 Mesa Street, Suite 201
San Francisco, CA 94129
Telephone: [phone]

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PHILLIPS, ERLEWINE, GIVEN & CARLIN

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SHAUN A. ANDERSON, etc.,
Plaintiff,

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v.
COUNTY OF CONTRA COSTA, a
municipal corporation, et al.,

Case No. 15-CV-01673-RS
JOINT STIPULATION AND [PROPOSED]
ORDER TO EXTEND DEADLINE FOR
DISCLOSURE OF EXPERT WITNESSES
AND PRETRIAL MOTIONS
ADR L.R. 6-2 & Civil L.R. 7-12

Defendants.

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JOINT STIP AND [PROPOSED] ORDER RE EXPERT WITNESS DISCLOSURE AND PRETRIAL MOTIONS Case No. 15-cv-01673-RS

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The parties to the above-entitled action, through their undersigned counsel, hereby
stipulate and agree to the following:

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WHEREAS, on September 24, 2015, the Court entered a Case Management Scheduling

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Order (“Scheduling Order”), setting the deadline for the parties to disclose their expert witnesses

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for April 15, 2016. See Dkt #42.

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WHEREAS, the Scheduling Order set the deadline for the parties to designate their
supplemental and rebuttal experts on or before May 13, 2016. See Dkt #42.

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WHEREAS, the Scheduling Order set the deadline for the parties to complete all
discovery of expert witnesses for June 17, 2016. See Dkt #42.

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WHEREAS, the Scheduling Order set the deadline for all pretrial motions to be heard by
July 28, 2016. See Dkt #42.

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Complete Mediation in this case by July 17, 2016. See Dkt #45.

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39 Mesa Street, Mesa 201
39 Suite Street, Suite 201
San Francisco, CA 94129 CA 94129
San Francisco,
Telephone: [phone]-0900
Telephone: (415)

PHILLIPS, EPHILLIPS,, ERLEWINE, ARLIN & CARLIN
RLEWINE GIVEN & CGIVEN LLP

LLP

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WHEREAS, on January 8, 2016, the Court entered an Order to Extend Time to

WHEREAS, since the entry of the Scheduling Order and the Order to Extend Time to

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Complete Mediation, the parties have been attempting to resolve certain written discovery

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disputes without the Court’s intervention.

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WHEREAS, the parties resolved that they need additional time to schedule depositions
critical to the mediation prior to making their expert witness disclosures.

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WHEREAS, the parties need additional time to evaluate the strength of their respective
cases and determine whether expert witnesses will be needed.

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WHEREAS, after the deadline to complete all disclosure of expert witnesses pursuant to

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Federal Rule of Civil Procedure 26(b)(4), the parties need the opportunity to file pretrial motions

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in order to address any evidentiary or other issues related to the expert witnesses.

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WHEREAS, this extension will not affect the trial date of October 17, 2016. See Dkt.
#42.
WHEREAS, the parties make this request in good faith and not for the purposes of delay.

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JOINT STIP AND [PROPOSED] ORDER RE EXPERT WITNESS DISCLOSURE AND PRETRIAL MOTIONS Case No. 15-cv-01673-RS

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THEREFORE, based on the foregoing facts, the parties stipulate and agree to extend the

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deadline to disclose expert witnesses in this case by 60 days. As a result, the schedule of this

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case will be modified as follows:

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1.

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Rule of Civil Procedure 26(a)(2) is June 14, 2016.
2.

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The last day for the parties to designate their supplemental and rebuttal experts
in accordance with Federal Rule of Civil Procedure 26(a)(2) is July 14, 2016.

3.

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The last day for the parties to designate their experts in accordance with Federal

The last day for the parties to complete all discovery of expert witnesses pursuant
to Federal Rule of Civil Procedure 26(a)(2) is August 12, 2016.

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The last day for pretrial motions to be heard is September 9, 2016.

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Dated: February 24, 2016

/s/Robert M. Blakemore
Robert M. Blakemore
SMOLEN SMOLEN & ROYTMAN, PLLC

/s/ James V. Fitzgerald, III
James V. Fitzgerald, III
McNAMARA, NEY, BEATTY,
SLATTERY, BORGES &
AMBACHER, LLP
Attorneys for Defendants

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39 Mesa Street, Suite 201
San Francisco, CA 94129
Telephone: [phone]

PHILLIPS, ERLEWINE, GIVEN & CARLIN

Dated: February 24, 2016

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LLP

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/s/ David M. Given
David M. Given
PHILLIPS, ERLEWINE, GIVEN & CARLIN LLP

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Attorneys for Plaintiff
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JOINT STIP AND [PROPOSED] ORDER RE EXPERT WITNESS DISCLOSURE AND PRETRIAL MOTIONS Case No. 15-cv-01673-RS

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ATTESTATION
I, David M. Given, am the ECF user whose identification and password is being used to
file the instant document. Pursuant to Civil Local Rule 5-1(i)(3), I hereby attest that all counsel
whose electronic signatures appear above provided their authority and concurrence to file this
document.
/s/ David M. Given
David M. Given

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39 Mesa Street, Suite 201
San Francisco, CA 94129
Telephone: [phone]

PHILLIPS, ERLEWINE, GIVEN & CARLIN

LLP

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JOINT STIP AND [PROPOSED] ORDER RE EXPERT WITNESS DISCLOSURE AND PRETRIAL MOTIONS Case No. 15-cv-01673-RS

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ORDER

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PURSUANT TO THE FOREGOING STIPULATION, IT IS SO ORDERED that the
schedule of this case shall be modified as follows:

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1.

The last day for the parties to designate their experts in accordance with Federal

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Rule of Civil Procedure 26(a)(2) shall be June 14, 2016.
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2.

The last day for the parties to designate their supplemental and rebuttal experts

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in accordance with Federal Rule of Civil Procedure 26(a)(2) shall be July 14,
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2016.
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3.

The last day for the parties to complete all discovery of expert witnesses pursuant

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to Federal Rule of Civil Procedure 26(a)(2) shall be August 12, 2016.
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4.

The last day for pretrial motions to be heard shall be September 9, 2016.

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LLP

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39 Mesa Street, Suite 201
San Francisco, CA 94129
Telephone: [phone]

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PHILLIPS, ERLEWINE, GIVEN & CARLIN

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2/29/16
Dated: __________________________
________________________________________
Honorable Richard Seeborg
United States District Judge

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JOINT STIP AND [PROPOSED] ORDER RE EXPERT WITNESS DISCLOSURE AND PRETRIAL MOTIONS Case No. 15-cv-01673-RS