Neuroth et al v. Mendocino County et al

Filing 358

STIPULATION AND ORDER RE 357 to Continue Trial and Pretrial Dates filed by James Neuroth. Further Case Management Conference and Trial Setting Conference set for 12/6/2018 at 10:00 AM in San Francisco, Courtroom 03, 17th Floor. Pretrial Conference previously set for 12/6/2018 has been continued to 2/20/2019 at 10:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Signed by Judge Richard Seeborg on 10/9/18. (cl, COURT STAFF) (Filed on 10/9/2018)

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MICHAEL J. HADDAD (State Bar No. 189114)
JULIA SHERWIN (State Bar No. 189268)
MAYA SORENSON (State Bar No. 250722)
TERESA ALLEN (State Bar No. 264865)
HADDAD & SHERWIN LLP
505 Seventeenth Street
Oakland, California 94612
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiff
JAMES NEUROTH

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAMES NEUROTH, et al.,
Case No. 3:15-CV-03226-RS
Plaintiffs,

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STIPULATION TO CONTINUE TRIAL
AND PRETRIAL DATES; [PROPOSED]
ORDER

v.
MENDOCINO COUNTY, et al.,
Defendants.

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This Stipulation to modify the trial and pretrial schedule, is submitted by all parties in this

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action, through their respective counsel, including: Plaintiff James Neuroth (“Plaintiff”); Defendants

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the County of Mendocino, Mendocino County Sheriff Thomas Allman, Sheriff’s Captain Timothy

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Pearce, and current/former Sheriff’s Deputies Lorrie Knapp, Frank Masterson, Craig Bernardi,

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Michael Grant, Robert Page, and Christine De Los Santos (collectively, “County Defendants”);

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California Forensic Medical Group, Inc. and LVN Jennifer Caudillo (collectively, “CFMG

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Defendants”); and the City of Willits and current/former Willits Police Officers Kevin Leef and Jeff

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Andrade (collectively, the “Willits Defendants”). Pursuant to this Stipulation, the parties jointly

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request the Court to modify the trial date and pretrial deadlines, as set forth below.

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STIPULATION TO CONTINUE TRIAL AND PRETRIAL DATES; [PROPOSED] ORDER

Neuroth, et al. v. Mendocino County, et al., U.S.D.C. No. 3:15-cv-03226-RS
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RECITALS
On October 3, 2018, counsel for all parties had a settlement conference scheduling call with

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Judge Beeler, and Judge Beeler scheduled a further settlement conference in this case for her first

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available date: November 26, 2018. Judge Beeler also suggested that, given the uncertainty around

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the current January 7, 2019 trial date, the parties should consider continuing the trial and pretrial

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dates to commence after the settlement conference to conserve attorneys’ fees and costs. Thereafter,

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the parties met and conferred and agreed to inquire with this Court as to this Court’s other trial

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conflicts on January 7, 2019, and the feasibility of continuing pretrial deadlines. The parties now

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understand that there continues to be uncertainty as to whether this case can be tried on January 7,

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2019, and that such uncertainty will likely persist until at least December 7, 2018 (after the

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December 6, 2018 pretrial conference in this case). Further, the current pretrial filing deadlines

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would require the parties to expend considerable time and resources in advance of the settlement

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conference.

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AGREEMENT

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Therefore, to conserve the parties’ resources in advance of the settlement conference and to

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allow for a more certain trial schedule, the parties stipulate and agree to vacate the current trial date

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and pretrial conference, and set new pretrial dates as follows:

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a. December 6, 2018: Case Management and Trial Setting Conference.

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b. December 20, 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). The parties will also exchange any new
or previously undisclosed exhibits to be used at trial other than solely for
impeachment or rebuttal.

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c. January 24, 2019: Oppositions to Motions in Limine due.

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d. February 20, 2019, at 10:00 a.m.: Final Pretrial Conference.

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e. The parties will exchange pre-marked binders of trial exhibits two weeks
before the new trial date.

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f. All other dates will be in accordance with this Court’s Jury Trial Standing
Order.

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STIPULATION TO CONTINUE TRIAL AND PRETRIAL DATES; [PROPOSED] ORDER

Neuroth, et al. v. Mendocino County, et al., U.S.D.C. No. 3:15-cv-03226-RS
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IT IS SO STIPULATED.
Patton & Ryan LLC

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Dated: October 9, 2018

By:

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

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Bertling Law Group

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Dated: October 9, 2018

By:

/s/ Peter G. Bertling
Peter G. Bertling
Attorneys for Defendant CMFG

Dated: October 9, 2018

By:

/s/ Jerome Varamini
Jerome Varanini
Attorney for Defendant Jennifer Caudillo

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Perry, Johnson, Anders, Miller &
Moskowitz LLP

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/s/ Scott A. Lewis
Scott A. Lewis
Attorneys for Willits Defendants

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Haddad & Sherwin LLP

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Dated: October 9, 2018

Dated: October 9, 2018

By:

By:

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

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

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STIPULATION TO CONTINUE TRIAL AND PRETRIAL DATES; [PROPOSED] ORDER

Neuroth, et al. v. Mendocino County, et al., U.S.D.C. No. 3:15-cv-03226-RS
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ORDER
Based on the parties’ stipulation, and with good cause appearing therefore,

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IT IS HEREBY ORDERED that the following dates are set in the instant case:

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a. December 6, 2018: Case Management and Trial Setting Conference.

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b. December 20, 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). The parties will also exchange any new
or previously undisclosed exhibits to be used at trial other than solely for
impeachment or rebuttal.

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c. January 24, 2019: Oppositions to Motions in Limine due.

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d. February 20, 2019, at 10:00 a.m.: Final Pretrial Conference.

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e. The parties will exchange pre-marked binders of trial exhibits two weeks
before the new trial date.
f. All other dates will be in accordance with this Court’s Jury Trial Standing
Order.

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IT IS SO ORDERED.
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Date: _____________
10/9/18

____________________________________
HONORABLE RICHARD SEEBORG
United States District Court Judge

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STIPULATION TO CONTINUE TRIAL AND PRETRIAL DATES; [PROPOSED] ORDER

Neuroth, et al. v. Mendocino County, et al., U.S.D.C. No. 3:15-cv-03226-RS
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