Neuroth et al v. Mendocino County et al

Filing 341

STIPULATION AND ORDER RE 340 TO MODIFY CASE MANAGEMENT SCHEDULING ORDER AND OTHER DATES. Pretrial Conference set for 12/6/2018 10:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Signed by Judge Richard Seeborg on 8/29/18. (cl, COURT STAFF) (Filed on 8/29/2018)

1
2
3
4
5
6
7
8
9

John W. Patton, Jr., Pro Hac Vice
Michael G. Vranicar, SBN 131842
PATTON & RYAN LLC
330 North Wabash Ave., Suite 3800
Chicago, Illinois 60611
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendants the
County of Mendocino and
Mendocino County SheriffCoroner Thomas Allman,
Capt. Timothy Pearce, Lorrie Knapp,
Frank Masterson, Craig Bernardi,
Michael Grant, Jeanette Holum,
Robert Page, & Christine De Los Santos

10
UNITED STATES DISTRICT COURT
11
NORTHERN DISTRICT OF CALIFORNIA
12
JAMES NEUROTH, et al.,
Case No. 3:15-CV-03226-RS

13
Plaintiffs,
14
v.
15
MENDOCINO COUNTY, et al.,

JOINT STIPULATION TO MODIFY
CASE MANAGEMENT SCHEDULING
ORDER AND OTHER DATES;
[PROPOSED] ORDER

16
Defendants.
17
18
19
20
21
22
23
24
25
26
27

This Joint Stipulation to Modify Case Management Scheduling Order is submitted by all
parties in this action, through their respective counsel, including: Plaintiff James Neuroth
(“Plaintiff”); Defendants the County of Mendocino, Mendocino County Sheriff Thomas Allman,
Sheriff’s Captain Timothy Pearce, and current/former Sheriff’s Deputies Lorrie Knapp, Frank
Masterson, Craig Bernardi, Michael Grant, Jeanette Holum, Robert Page, and Christine De Los
Santos (collectively, “County Defendants”); California Forensic Medical Group, Inc., Dr. Taylor
Fithian, and LVN Jennifer Caudillo (collectively, “CFMG Defendants”); Correctional Medical
Group Companies, Inc., RN Elaine Hustedt, and RN Claire Teske (collectively, “CMGC
Defendants”); and the City of Willits, former Willits Police Chief Gerardo Gonzalez, and
current/former Willits Police Officers Kevin Leef and Jeff Andrade (collectively, the “Willits

28
Joint Stipulation to Modify Case Management Scheduling Order and Other Dates; [Proposed] Order
Neuroth, et al. v. Mendocino County, et al., U.S.D.C. No. 3:15-cv-03226-RS
1

1

Defendants”). Pursuant to this Stipulation, the parties jointly request the Court to modify the pretrial

2

dates set out in its previous Case Management Scheduling Order entered on December 13, 2017

3

(Dkt. No. 232, the “Scheduling Order”), as well as other dates, as set forth below.

4
5

RECITALS
A.

The course and schedule of events in this case have caused the parties to reevaluate

6

the remaining dates set in the Court’s previous Scheduling Order (Dkt. No. 232), which are presently

7

as follows:
•

8
9

August 30, 2018: Last day to conduct meet and confer session (per the
Court’s Jury Trial Standing Order, Section A).
September 13, 2018: Last day to file Motions in Limine, and last day to
file Joint Pretrial Statement and Proposed Order (per the Court’s Jury
Trial Standing Order, Section B).

10
11

October 4, 2018: Oppositions to Motions in Limine due

12

October 18, 2018, at 10:00 a.m.: Final Pretrial Conference

13
14
B.

The parties request the Court to revise the pretrial dates set out in the previous

15
Scheduling Order for the following reasons:
16
1.

The Court’s request to revise the scheduling order due to the delay in the

17
hearing on the Motions for Summary Judgment.
18
2.

The parties are mindful of the Court’s busy docket, and that it may take

19
considerable time for the Court to issue a summary judgment order after the hearing on those
20
motions.
21
WHEREFORE, the parties hereby agree and request entry of an order as follows:
22
AGREEMENT
23
1.

The parties request the Court to consider modifying the scheduling guidelines set out

24
in its Jury Trial Standing Order in this case as follows:
25
26
27
28

a. September 12, 2018: Last day to conduct meet and confer session (per the
Court’s Jury Trial Standing Order, Section A).
b. October 18, 2018: Last day to file Motions in Limine, and last day to file
Joint Pretrial Statement and Proposed Order (per the Court’s Jury Trial
Joint Stipulation to Modify Case Management Scheduling Order and Other Dates; [Proposed] Order
Neuroth, et al. v. Mendocino County, et al., U.S.D.C. No. 3:15-cv-03226-RS
2

Standing Order, Section B).

1

c. November 15, 2018: Oppositions to Motions in Limine due

2

d. December 6, 2018, at 10:00 a.m.: Final Pretrial Conference

3
4
3.

Nothing in this Stipulation and request for order is intended to modify the other

5
matters addressed in any Court order unless expressly identified herein, nor does it preclude the
6
parties from seeking additional relief from this Court, to amend this stipulation and order or
7
otherwise.
8
IT IS SO STIPULATED.
9
10

Patton & Ryan LLC

11

/s/ Michael G. Vranicar
Michael G. Vranicar
Attorneys for County Defendants

12

Law Offices of Jerome M. Varanini

13

Dated: August 28, 2018

14

/s/ Jerome M. Varanini
Jerome M. Varanini
Attorneys for CFMG Defendants

15

Bertling Law Group, Inc.

16

Dated: August 28, 2018

By:

Dated: August 28, 2018

By:

By:

17
18

Perry, Johnson, Anders, Miller &
Moskowitz LLP

19
20

Dated: August 28, 2018

By:

21

24
25

/s/ Scott A. Lewis
Scott A. Lewis
Attorneys for Willits Defendants
Haddad & Sherwin LLP

22
23

/s/ Peter G. Bertling
Peter G. Bertling
Attorneys for CMGC Defendants

Dated: August 28, 2018

By:

/s/ Michael J. Haddad
Michael J. Haddad
Attorneys for Plaintiff

* Approval in the filing of this document has been obtained from all signatories.

26
27
28
Joint Stipulation to Modify Case Management Scheduling Order and Other Dates; [Proposed] Order
Neuroth, et al. v. Mendocino County, et al., U.S.D.C. No. 3:15-cv-03226-RS
3

1

ORDER

2

Based on the parties’ stipulation, and with good cause appearing therefore,

3

IT IS HEREBY ORDERED that the previous Case Management Scheduling Order entered

4

on December 13, 2017 (Dkt. No. 232) is hereby modified, and that the following dates are set in the

5

instant case:

6
7

a

September 12, 2018: Last day to conduct meet and confer session (per the
Court’s Jury Trial Standing Order, Section A).

8

b. October 18, 2018: Last day to file Motions in Limine, and last day to file
Joint Pretrial Statement and Proposed Order (per the Court’s Jury Trial
Standing Order, Section B).

9

c. November 15, 2018: Oppositions to Motions in Limine due

10

d. December 6, 2018, at 10:00 a.m.: Final Pretrial Conference

11
12
IT IS SO ORDERED.
13
14
15
16

Date: _____________
8/29/18

____________________________________
HONORABLE RICHARD SEEBORG
United States District Court Judge

17
18
19
20
21
22
23
24
25
26
27
28
Joint Stipulation to Modify Case Management Scheduling Order and Other Dates; [Proposed] Order
Neuroth, et al. v. Mendocino County, et al., U.S.D.C. No. 3:15-cv-03226-RS
4