Brackin v. California Department of State Hospitals et al

Filing 50

ORDER RE JOINT REQUEST TO MODIFY PRETRIAL SCHEDULING ORDER, Motions terminated: 48 STIPULATION WITH PROPOSED ORDER Joint Request to Modify Pretrial Scheduling Order and Order filed by Shawn Brackin. Motions due by 9/29/2016.. Signed by Judge Alsup on 7/29/16. (whalc1, COURT STAFF) (Filed on 7/19/2016)

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Karl J. Frisinger, SBN 278773
Coombs & Dunlap, LLP
1211 Division Street
Napa, California 94559
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
SHAWN BRACKIN

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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(SAN FRANCISCO DIVISION)

Coombs & Dunlap, LLP

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SHAWN BRACKIN,

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No. 15-CV-03351-WHA

Plaintiff,
JOINT REQUEST TO MODIFY
PRETRIAL SCHEDULING ORDER
AND ORDER

vs.
CALIFORNIA DEPARTMENT OF STATE
HOSPITALS; NAPA STATE HOSPITAL,
ET AL,

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Defendants.

Judge: Hon. William H. Alsup
Trial Date: December 5, 2016
Action Filed: June 24, 2015

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On November 2, 2015, this Court filed a Case Management Order in this matter. Document

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No. 22. In this Joint Request for modification of the Case Management Order, the parties

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respectfully request that the Court modify two of the cutoff dates set forth in the Pretrial Scheduling

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Order. Specifically, the parties request that the Court extend the following deadlines:

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1.

Continue the last date for designation of expert testimony and disclosure of full expert

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reports under FRCP 26(a)(2) as to any issue on which a party has the burden of proof (“opening

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reports”) from July 29, 2016, to September 2, 2016 and continue all corresponding expert

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disclosures and expert discovery pursuant to the times set forth in the Case Management Order.

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2.

Continue the deadline to file dispositive motions from September 1, 2016 to

September 30, 2016.
The parties request that all other dates set forth in this Court’s November 2, 2015 Order
BRACKIN V. DEPT. STATE HOSPITALS ET AL.
CASE NO. 15-CV-03351-WHA

PAGE 1 OF 3
Stipulation to Modify Scheduling Order

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remain in effect.
The parties make this request for good cause. The parties cooperatively participated in fact

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discovery. The parties have also been working cooperatively in scheduling and conducting

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neuropsychological medical examinations of Plaintiff; however, the parties need additional time to

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complete these complex and time consuming examinations. In addition, the parties are currently

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scheduling mediation for mid to late August. The parties believe the chances for settlement will be

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increased if the discussions take place after the neuropsychological examinations have been

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completed.

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SO STIPULATED:

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Dated: July 19, 2016

Coombs & Dunlap, LLP

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/s/ Karl J. Frisinger
KARL J. FRISINGER, ESQ.
Attorneys for Plaintiff Shawn Brackin

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KARL J. FRISINGER, ESQ.
COOMBS & DUNLAP, LLP

Dated: July 19, 2016

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KAMALA D. HARRIS
Attorney General of California
JEFFREY R. VINCENT
Supervising Deputy Attorney General
/s/ Wil Fong
WIL FONG
Deputy Attorney General
Attorneys for Defendants

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BRACKIN V. DEPT. STATE HOSPITALS ET AL.
CASE NO. 15-CV-03351-WHA

PAGE 2 OF 3
Stipulation to Modify Scheduling Order

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GOOD CAUSE APPEARING, it is hereby ORDERED that the Pretrial Scheduling Order is
modified as follows:
1.

The last date for designation of expert testimony and disclosure of full expert reports

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under FRCP 26(a)(2) as to any issue on which a party has the burden of proof (“opening reports”)

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shall be September 2, 2016. In addition, all corresponding expert disclosures, reports, and discovery

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are continued pursuant to the times set forth in the Case Management Order based on the date of

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September 2, 2016.

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2.

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The deadline to file dispositive motions is September 30, 2016.

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______________________________________
William H. Alsup
United States District Court Judge

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Coombs & Dunlap, LLP

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BRACKIN V. DEPT. STATE HOSPITALS ET AL.
CASE NO. 15-CV-03351-WHA

PAGE 3 OF 3
Stipulation to Modify Scheduling Order