Shaun Anderson v. County of Contra Costa et al

Filing 50

STIPULATION AND ORDER RE 49 JOINT MOTION TO MODIFY SCHEDULING ORDER. Further Case Management Conference set for 10/13/2016 at 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Pretrial Conference set for 1/12/2017 10:00 AM in Courtroom 3, 17t h Floor, San Francisco before Hon. Richard Seeborg. Jury Selection/Trial set for 1/23/2017 at 09:00 AM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 6/13/16. (cl, COURT STAFF) (Filed on 6/13/2016)

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

PHILLIPS, ERLEWINE, GIVEN & CARLIN

LLP

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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]
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]
Attorneys for Plaintiff
JAMES V. FITZGERALD, III (State Bar No. 55632)
ROBERT W. HODGES (State Bar No. 95033)
MCNAMARA, NEY, BEATTY, SLATTERY,
BORGES & AMBACHER LLP
1211 Newell Avenue
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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SHAUN A. ANDERSON, etc.,

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

Case No. 15-CV-01673-RS
JOINT MOTION TO MODIFY
SCHEDULING ORDER;
[PROPOSED] ORDER
Complaint Filed: April 13, 2015

Defendants.

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JOINT MOTION TO MODIFY SCHEDULING ORDER - Case No. 15-cv-01673-RS

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The parties to the above-entitled action jointly request that this Court modify the existing

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Case Management Scheduling Order (Dkt. #42) and “Joint Stipulation and Order to Extend

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Deadline for Disclosure of Expert Witnesses and Pretrial Motions” (Dkt. #47) by extending all

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current and pending deadlines and dates as set forth herein . In support of this Motion, the

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parties show the Court as follows:

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1.

On September 24, 2015, the Court entered its Case Management Scheduling

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Order (“Scheduling Order”). See Dkt #42. Under the Scheduling Order, the fact discovery

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cutoff date is June 17, 2016. Id.

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2.

On February 29, 2016, the Court entered a certain “Joint Stipulation and Order to

“February 29 Order”). See Dkt. #47. Under that February 29 Order the last day for: (A) parties

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

PHILLIPS, ERLEWINE, GIVEN & CARLIN

Extend Deadline for Disclosure of Expert Witnesses and Pretrial Motions” (hereinafter,

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LLP

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to designate experts in accordance with Federal Rule of Civil Procedure 26(a)(2) is June 14,

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2016; (B) parties to designate supplemental and rebuttal experts in accordance with Federal Rule

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of Civil Procedure 26(a)(2) is July 14, 2016; (C) parties to complete discovery of expert

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witnesses is August 12, 2016; and (D) pretrial motions to be heard is September 9, 2016.

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3.

Recently, the parties have indicated a willingness to participate in a private

mediation, and have set a mediation date for August 4, 2016.
4.

It is the parties’ hope that this mediation will result in a final, amicable resolution

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of this matter. And the parties wish to avoid further expenditure of resources on the litigation

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while exploring settlement.

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5.

In order to accommodate the parties’ attempt to settle this case, and to assure that

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no current deadlines lapse, the parties are seeking an extension, as set forth below, of all current

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dates and deadlines in the Scheduling Order and February 29, 2016 Order.

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6.

More specifically, the parties are seeking to modify the Scheduling Order and

February 29, 2016 Order as follows:

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JOINT MOTION TO MODIFY SCHEDULING ORDER - Case No. 15-cv-01673-RS

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A.

Scheduling Order (Dkt. #42)

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Deadline

Current Date

Extended Date

Fact Discovery Cutoff

June 17, 2016

September 16, 2016

Further Case Management
Conference

June 23, 2016 @ 10:00 am

October 13, 2016 @
10:00 am

Pretrial Conference

September 15, 2016 @
10:00 am

January 12, 2017 @
10:00 am

Jury Trial

October 17, 2016 @ 9:00
am

To be set by the
Court

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B.

February 29, 2016 Order (Dkt. #47)

Deadline

Current Date

Extended Date

Last day for parties to designate experts in
accordance with Federal Rule of Civil
Procedure 26(a)(2)

June 14, 2016

September 12, 2016

Last day for parties to designate
supplemental and rebuttal experts in
accordance with Federal Rule of Civil
Procedure 26(a)(2)

July 14, 2016

October 12, 2016

Last day for parties to complete discovery
of expert witnesses is August 12, 2016

August 12, 2016

November 11, 2016

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Last day for pretrial motions to be heard

September 9, 2016

December 8, 2016

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

PHILLIPS, ERLEWINE, GIVEN & CARLIN

LLP

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7.

A scheduling order may be modified “for good cause and with the judge’s

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consent.” Fed. R. Civ.P. 16(b)(4). District Courts are the masters of their own calendars, and

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thus enjoy “broad discretion” in reviewing motions for continuance and determining deadlines

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for pretrial and trial activities. Morris v. Slappy, 461 U.S. 1, 11 (1983); Phillips v. Ferguson, 182

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F.3d 769, 775 (10th Cir. 1999).

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8.

Under the circumstances, as set forth herein, the parties believe, and urge the

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Court to find, that there is “good cause” to modify the existing Case Management Scheduling

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Order (Dkt. #42) and “Joint Stipulation and Order to Extend Deadline for Disclosure of Expert

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JOINT MOTION TO MODIFY SCHEDULING ORDER - Case No. 15-cv-01673-RS

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Witnesses and Pretrial Motions” (Dkt. #47) by extending all current and pending deadlines and

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dates by sixty (60) days (as set forth in ¶ 6, supra).

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9.

This Motion is not sought for the purpose of unnecessary delay, or for any other

improper purpose.

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WHEREFORE, premises considered, the parties jointly request that Court enter an Order

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modifying the existing Case Management Scheduling Order (Dkt. #42) and “Joint Stipulation

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and Order to Extend Deadline for Disclosure of Expert Witnesses and Pretrial Motions” (Dkt.

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#47) by extending all current and pending deadlines and dates as set forth in ¶ 6, supra.

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Dated: June 13, 2016

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

PHILLIPS, ERLEWINE, GIVEN & CARLIN

LLP

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Dated: June 13, 2016

/s/Robert M. Blakemore
/s/ James V. Fitzgerald, III
Robert M. Blakemore
James V. Fitzgerald, III
SMOLEN SMOLEN & ROYTMAN, PLLC
McNAMARA, NEY, BEATTY, SLATTERY,
BORGES & AMBACHER, LLP
/s/ David M. Given
David M. Given
Attorneys for Defendants
PHILLIPS, ERLEWINE, GIVEN
& CARLIN LLP

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Attorneys for Plaintiff
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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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JOINT MOTION TO MODIFY SCHEDULING ORDER - Case No. 15-cv-01673-RS

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[PROPOSED] 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.

Last day for parties to designate experts in accordance with Federal Rule of Civil

Procedure 26(a)(2) shall be September 12, 2016.

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2.

Fact Discovery Cut-off shall be September 16, 2016.

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3.

Last day for parties to designate supplemental and rebuttal experts in accordance

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with Federal Rule of Civil Procedure 26(a)(2) shall be October 12, 2016.

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4.

Further Case Management Conference shall be held on October 13, 2016 at 10:00

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Last day for parties to complete discovery of expert witnesses is November 11,

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6.

Last day for pretrial motions to be heard December 8, 2016.

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7.

Pretrial Conference shall be held on January 12, 2017 at 10:00 a.m.

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8.

January 23
Jury trial shall be set for ______________________, 2017.

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am.

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

PHILLIPS, ERLEWINE, GIVEN & CARLIN

LLP

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2016

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IT IS SO ORDERED.

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Dated: __________________________
6/13/16
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________________________________________
Honorable Richard Seeborg
United States District Judge

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JOINT MOTION TO MODIFY SCHEDULING ORDER - Case No. 15-cv-01673-RS