Yousif v. San Mateo County Sheriff et al

Filing 85

PARTIES' STIPULATION AND REQUEST FOR AN ORDER CHANGING TIME FOR NON-EXPERT AND EXPERT DISCOVERY by Hon. William Alsup granting 84 Stipulation. Close of Expert Discovery due by 1/13/2017. Close of Fact Discovery due by 1/13/2017.(whalc1, COURT STAFF) (Filed on 11/29/2016)

1

JOHN C. BEIERS, COUNTY COUNSEL (SBN 144282)

2

Aimee B. Armsby, Deputy (SBN 226967)
Rebecca B. Horton, Deputy (SBN 308052)

3
4
5
6
7

Hall of Justice and Records
400 County Center, 6th Floor
Redwood City, CA 94063
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Defendants
DEPUTY SHERIFF DENNIS LOUBAL
DEPUTY SHERIFF DEFRANCE MCLEMORE

8
9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11
OSMAN YOUSIF,

Case No. 3:15-cv-04887-WHA

12
Plaintiff,
13
vs.

PARTIES’ STIPULATION AND REQUEST
FOR AN ORDER CHANGING TIME FOR
NON-EXPERT AND EXPERT DISCOVERY

14
15
16

DEPUTY SHERIFFS DENNIS LOUBAL,
DEFRANCE MCLEMORE, AND DOES 1-100
Defendants.

[Pursuant to Civil L.R. 6-2 and 7-12]
Dept.: Courtroom 8, 19th Floor
Judge: Hon. William H. Alsup

17
18
19
20
21
22
23
24
25
26
27
28
Case No. 3:15-cv-04887-WHA
PARTIES’ STIPULATION AND REQUEST FOR AN ORDER CHANGING TIME FOR NON-EXPERT
AND EXPERT DISCOVERY

1

COMES NOW Defendants Deputy Sheriffs Dennis Loubal and Defrance McLemore

2

(collectively, “County Defendants”) and Plaintiff Osman Yousif, through their attorneys of record,

3

hereby respectfully request an extension of one month to complete non-expert and expert discovery.

4

1. Pursuant to Local Civil Rule 6-2, the parties to this action have conferred and jointly

5

submit this Stipulated Request for Order Changing Time regarding the December 16, 2016 deadline for

6

expert and non-expert discovery.

7

2. On May 4, 2016, the Rule 26(f) conference occurred, and on May 5, 2016 this Court

8

issued the Case Management Order, which stated that “non-expert discovery cut-off date shall be

9

DECEMBER 16, 2016” and “the last date for designation of expert testimony and disclosure of full

10

expert reports under FRCP 26(a)(2) as to any issue on which a party has the burden of proof [] shall be

11

DECEMBER 16, 2016.” (Dkt. 55 at 2:4, 5-9).

12

3. County Defendants served their Rule 26(a)(1) Initial Disclosures on April 27, 2016,

13

supplementing them with additional disclosures on May 12, 2016 and July 7, 2016. (Dkt. 63 at 2).

14

Plaintiff served his Rule 26(a)(1) Initial Disclosures on August 23, 2016, and served Amended

15

Disclosures on September 6, 2016. (Dkt. 70-1). On September 7, 2016, this Court held a hearing on

16

related discovery disputes. (Dkt. 72, 73).

17

4. County Defendants began taking Plaintiff’s deposition on September 23, 2016. (Dkt.

18

76). In light of a discovery dispute that arose during the deposition, the deposition was suspended and the

19

parties appeared before the Court on October 6, 2016. (Dkts. 76, 79). Plaintiff conducted Defendant

20

Sergeant Dennis Loubal’s deposition on November 9, 2016 and Defendant Deputy Defrance

21

McLemore’s deposition on November 10, 2016. The continuation of Plaintiff’s deposition is scheduled

22

for November 17, 2016.

23
24
25
26
27
28

5. The parties are jointly requesting that the non-expert and expert discovery deadlines be
extended to January 13, 2017.
6. The requested relief is for good cause. The numerous discovery disputes that have arisen
in this case have resulted in lengthy delays in the timely and efficient conducting of discovery.
7. The stipulated one-month extension of the non-expert and expert discovery cut-off
deadline will not cause any undue delay in the administration of this case. The last date to file
Case No. 3:15-cv-04887-WHA
-1PARTIES’ STIPULATION AND REQUEST FOR AN ORDER CHANGING TIME FOR NON-EXPERT
AND EXPERT DISCOVERY

1

dispositive motions is set for January 26, 2017, the final pretrial conference is set for March 29, 2017 and

2

the jury trial is scheduled to begin on May 1, 2017. (Dkt. 55 at 4:15, 19, 12).

3

IN WITNESS WHEREOF, County Defendants and Plaintiff stipulate and respectfully move the

4

Court to grant the extension of the discovery cut-off for non-expert and expert discovery to January 13,

5

2016. The parties believe that such a stipulation is in the interest of justice and judicial economy.

6
7

Dated: November 17, 2016

8

Respectfully submitted,
JOHN C. BEIERS, COUNTY COUNSEL

9
10

By:

11

.

Attorneys for Defendants
DEPUTY SHERIFF DENNIS LOUBAL
DEPUTY SHERIFF DEFRANCE MCLEMORE

12
13
14

/s/
Rebecca B. Horton, Deputy

Dated: November 16, 2016

Respectfully submitted,

15
16
17

By:

/s/
Russell Robinson, Attorney

18
19

Attorneys for Plaintiff
OSMAN YOUSIF

20
21
22
23
24
25

ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
The parties shall not rely on this extension as the basis for
seeking future extensions.
November 29, 2016.
DATED: ____________________________
____________________________
The Honorable William A. Alsup

26
27
28
Case No. 3:15-cv-04887-WHA
-2PARTIES’ STIPULATION AND REQUEST FOR AN ORDER CHANGING TIME FOR NON-EXPERT
AND EXPERT DISCOVERY

.