Sanchez v. City of Ukiah et al

Filing 20

STIPULATION AND ORDER TO CONTINUE DISCOVERY DEADLINES AND TRIAL DATE. Pursuant to stipulation, as modified by the Court, the trial and discovery deadlines are amended as set forth in the Amended Pretrial Preparation Order, filed concurrently herewith. Signed by Judge Maxine M. Chesney on April 12, 2016. (mmclc2, COURT STAFF) (Filed on 4/12/2016)

1
2
3
4
5
6

RAYMOND J. FULLERTON, ESQ., SBN 219264
GEARY, SHEA, O’DONNELL, GRATTAN & MITCHELL, P.C.
90 South E Street, Suite 300
Santa Rosa, California 95404
Telephone: [phone]
Facsimile: 707/545-1876
[e-mail]
Attorneys for Defendants
CITY OF UKIAH, CITY OF UKIAH POLICE DEPARTMENT and
TYPER JAMES SCHAPMIRE

7
8

UNITED STATES DISTRICT COURT

9

NORTHER DISTRICT OF CALIFORNIA

10
11

DANIEL SANCHEZ,

12

Plaintiff,

13

v.

14
15

CASE NO.: 3:15-cv-2921 MMC
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE DISCOVERY
DEADLINES AND TRIAL DATE

CITY OF UKIAH; CITY OF UKIAH POLICE
DEPARTMENT; TYLER JAMES
SCHAPMIRE, individually and in his capacity
as an officer for the City of Ukiah,

16
Defendants.
17
18
19

This Stipulation is entered into by and among Plaintiff Daniel Sanchez and Defendants City

20

of Ukiah, City of Ukiah Police Department, and Tyler James Schapmire, individually and in his

21

capacity as an officer for the City of Ukiah (“Defendants”), by and through their respective counsel.

22

Pursuant to Civil Local Rule 6-2, the Parties hereby submit their stipulated request to continue

23

discovery cut-offs and other pending deadlines for four months, for the following reasons:

24

1.

Plaintiff Daniel Sanchez has been incarcerated until recently and has been unable to

25
LAW OFFICES OF

GEARY,
SHEA,
O’DONNELL,
GRATTAN &
MITCHELL
P.C.

participate fully in the case, conduct meaningful discovery, or participate in mediation. Due to Mr.

26

Sanchez’s incarceration, he has not yet appeared for deposition.

27
28

2.

Defendants’ previous attorney of record, Steven C. Mitchell, Shareholder in the firm

of Geary, Shea, O’Donnell, Grattan & Mitchell, P.C., passed away suddenly approximately one
________________________________________________________________________________
-1Stipulation and [Proposed] Order to Continue Discovery Deadlines and Trial Date
Case No.: 15-cv-2921

1
2

month ago.
3.

Defendants’ current attorney of record, Raymond J. Fullerton, also a Shareholder in

3

the firm of Geary, Shea, O’Donnell, Grattan & Mitchell, P.C., has been in the case for only a short

4

time and has assumed responsibility for numerous additional files due to the passing of Mr.

5

Mitchell.

6

3.

The Parties have conferred and agree that it is in the interests of justice to continue

7

the discovery cut-offs in this case, to allow enlarged time for the adequate preparation of discovery

8

responses, scheduling of depositions, and retention of experts.

9
10
11

4.

The non-expert discovery cut-off is currently set for April 18, 2016 and the expert

discovery cut-off is June 17, 2016, with experts to be named by May 9, 2016.
5.

The Parties request a four-month extension for all discovery cut-offs, and request

12

that the new cut-off dates be: August 18, 2016 for non-expert discovery; October 18, 2016 for

13

expert discovery; and September 9, 2016 to name experts.

14

6.

Given the enlarged time for discovery, the Parties request that the Trial Date,

15

currently set for a five day trial to begin on October 3, 2016, be continued to a time in January, as

16

the Court’s schedule permits, with the Pretrial Conference, currently set for September 20, 2016, to

17

be continued accordingly.

18

7.

The Parties also request that other pending deadlines be continued to conform to the

19

enlarged discovery schedule and continued trial date. Specifically, the Parties request: that the

20

dispositive motion filing deadline, currently set for July 1, 2016, be continued to October 28, 2016;

21

that the status conference statement, current due by July 8, 2016, be due on November 4, 2016; that

22

the next Status Conference, currently scheduled for July 15, 2016, be held November 11, 2016; and

23

that the deadline to meet and confer, August 15, 2016, be continued to November 28, 2016.

24

8.

Finally, due to Plaintiff’s incarceration, the Parties were unable to complete private

25
LAW OFFICES OF

GEARY,
SHEA,
O’DONNELL,
GRATTAN &
MITCHELL
P.C.

mediation by the end of February, as agreed to at the previous Case Management Conference, and

26

the Parties request the Court’s permission to complete private mediation by the end of June.

27
28

________________________________________________________________________________
-2Stipulation and [Proposed] Order to Continue Discovery Deadlines and Trial Date
Case No.: 15-cv-2921

1
2

IT IS SO STIPULATED AND REQUESTED.
DATED: April 11, 2016

3

GEARY, SHEA, O'DONNELL, GRATTAN &
MITCHELL, P.C.

4
By

5
6
7

/s/ Raymond J. Fullerton
RAYMOND J. FULLERTON
Attorneys for Defendants
CITY OF UKIAH, CITY OF UKIAH POLICE
DEPARTMENT and TYLER JAMES
SCHAPMIRE

8
9

DATED: April 11, 2016

KRANKEMANN | PETERSEN LLP

10
By

11
12

/s/ Martin Reilly
MARTIN REILLY
Attorneys for Plaintiff
DANIEL SANCHEZ

13
14
15

ATTESTATION PURSUANT TO CIVIL LOCAL RULE 5-1(i)(3)
I, Raymond J. Fullerton, attest that concurrence in the filing of this document has been

16
obtained by the other signatory.
17
18
19

Dated: April 11, 2016

GEARY, SHEA, O'DONNELL, GRATTAN &
MITCHELL, P.C.

20
21
22
23

By

/s/ Raymond J. Fullerton
RAYMOND J. FULLERTON
Attorneys for Defendant
CITY OF UKIAH, CITY OF UKIAH POLICE
DEPARTMENT and TYLER JAMES
SCHAPMIRE

24
25
LAW OFFICES OF

GEARY,
SHEA,
O’DONNELL,
GRATTAN &
MITCHELL
P.C.

26
27
28

________________________________________________________________________________
-3Stipulation and [Proposed] Order to Continue Discovery Deadlines and Trial Date
Case No.: 15-cv-2921

1

ORDER

2
3

as modified by the Court,
Pursuant to stipulation, the trial and discovery deadlines are hereby modified as follows: amended
^
as set forth in the Amended Pretrial Preparation Order, filed concurrently herewith.

4

Non-expert discovery cut-off:

5
Expert discovery cut-off:
6
7

Expert designation:

8
Dispositive motion filing deadline:
9
10

Status Conference:

11
Pretrial Conference:
12
13

Trial:

14
15
IT IS SO ORDERED
16
17
18

April 12, 2016
DATED: __________________________

______________________________________
MAXINE M. CHESNEY
United States Senior District Judge

19
20
21
22
23
24
25
LAW OFFICES OF

GEARY,
SHEA,
O’DONNELL,
GRATTAN &
MITCHELL
P.C.

26
27
28

________________________________________________________________________________
-4Stipulation and [Proposed] Order to Continue Discovery Deadlines and Trial Date
Case No.: 15-cv-2921