Elisabeth Terwilliger v. City of Pittsburg et al
Filing
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STIPULATION AND ORDER to continue discovery and expert designation deadlines; declaration of Scott A. Brown in support of same. Signed by Judge Richard Seeborg on 3/8/18. (cl, COURT STAFF) (Filed on 3/8/2018)
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BROWN | POORE LLP
Scott A. Brown (SBN 177099)
David M. Poore (SBN 192541)
1350 Treat Boulevard, Suite 420
Walnut Creek, California 94597
Telephone: (925) 943-1166
Facsimile: (925) 955-8600
sbrown@bplegalgroup.com
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Attorneys for Plaintiffs
MICHAEL SIBBITT, JR.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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Plaintiffs,
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v.
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CITY OF PITTSBURG; BRIAN
ADDINGTON, MICHAEL PERRY and DOES )
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1-25,
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Defendants.
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MICHAEL SIBBITT, JR.,
Case No. 3:16-CV-04377
Case No. 3:16-CV-04373
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE DISCOVERY
AND EXPERT DESIGNATION
DEADLINES; DECLARATION OF
SCOTT A. BROWN IN SUPPORT OF
SAME
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ELISABETH ANNE TERWILLIGER.,
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Plaintiffs,
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v.
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CITY OF PITTSBURG; BRIAN
ADDINGTON, MICHAEL PERRY and DOES )
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1-25,
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Defendants.
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE DISCOVERY
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PLAINTIFFS MICHAEL SIBBITT JR., ELISABETH ANNE TERWILLIGER (“Plaintiffs”)
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and DEFENDANTS CITY OF PITTSBURG, BRIAN ADDINGTON, MICHAEL PERRY, and
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PATRICK WENTZ (“Defendants”), by and through their counsel of record, hereby stipulate as
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follows:
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WHEREAS on October 5, 2017, the Court issued a Case Management Scheduling Order
(Document 56) and set the following deadlines:
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April 5, 2018 – deadline for non-expert discovery;
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April 26, 2018 – deadline for expert designation;
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May 31, 2018 – deadline for rebuttal expert designation;
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June 21, 2018 – deadline to complete expert discovery.
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WHEREAS the parties have agreed to explore potential resolution of these consolidated cases
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by attending mediation with Honorable Hurl Johnson (Ret.) on April 17, 2018. This was the earliest
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date the parties could obtain that accommodated Judge Johnson’s schedule;
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WHEREAS the parties have agreed to a modified discovery schedule (2 depositions) before
the mediation with the remaining depositions to occur after mediation should the cases not resolve;
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WHERAS the parties agree that it is most efficient and in the best interests of the Court and
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the parties for the Court to continue the deadlines for non-expert and expert discovery as set forth
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below; so that the parties can pursue settlement possibilities without incurring unnecessary litigation
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expenses associated with factual and expert discovery.
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WHEREAS the parties believe good cause exists to continue the discovery cutoff dates as set
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forth below and an amendment to the scheduling order will cause no prejudice to either party since
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both parties have agreed to the continuance; and because the adjustment will not affect the other dates
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set by this Court and the trial date will not need to be continued.
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NOW THEREFORE, the parties stipulate, by and through their counsel and pursuant to Court
approval, that:
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The deadline for non-expert discovery is continued to June 27, 2018;
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The deadline for designation of expert witnesses is July 20, 2018;
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE DISCOVERY
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Parties will designate their supplemental and rebuttal experts on or before August
10, 2018;
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Discovery of expert witnesses shall be completed by August 31, 2018.
IT IS SO STIPULATED.
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Dated: March 7, 2018
BROWN POORE LLP
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/s/ Scott A. Brown
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SCOTT A. BROWN
Attorneys for Plaintiffs Michael Sibbitt, Jr. and
Elisabeth Terwilliger
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Dated: March 7, 2018
JACKSON LEWIS PC
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/s/ Michael J. Christian
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MICHAEL J. CHRISTIAN
Attorneys for Defendants City of Pittsburg, Brian
Addington, Michael Perry, and Patrick Wentz
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE DISCOVERY
DECLARATION OF SCOTT A. BROWN IN SUPPORT OF STIPULATION
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I, SCOTT A. BROWN, declare:
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1.
I am an attorney licensed to practice law in the State of California and in the United
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States District Court for the Northern District. I am an attorney with the firm of Brown Poore, LLP,
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which represents Plaintiffs Michael Sibbitt, Jr. and Elisabeth Anne Terwilliger in the above-captioned
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matter. I have personal knowledge of the facts stated herein and if called as a witness I could and
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would competently testify thereto under oath.
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2.
In January 2018, after the pleadings were amended, my office noticed several
depositions of defense affiliated witnesses or employees to occur in February 2018. Defendants
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raised objections to some of the deposition notices which were resolved informally. Defendants and
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their counsel were unavailable during January and February 2018 for these depositions. They have
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also requested several witnesses for deposition.
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3.
Defendants’ counsel, Michael Christian, and I have agreed on behalf of the parties to
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pursue potential resolution of these cases by participating in mediation on April 17, 2018 with
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Honorable Hurl Johnson (Ret.) in either Sacramento or San Francisco. We believe the most efficient
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use of the parties’ resources involves proceeding with two depositions before the mediation and the
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remaining 6-8 depositions of defense affiliated witnesses after the mediation if a settlement is not
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reached.
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No previous time modifications or continuances have been requested. The parties do
not believe the requested time modification would impact any other scheduled dates in this matter.
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I attest that concurrence in the filing of this document has been obtained from Michael
Christian, counsel for defendants, the other signatory to this document.
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I declare under penalty of perjury under the laws of the United States of America that the
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foregoing is true and correct. Executed this 7th day of March 2018, at Walnut Creek, California.
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/s/ Scott A. Brown
SCOTT A. BROWN
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE DISCOVERY
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PURSUANT TO STIPULATION AND SUPPORTING DECLARATION, IT IS SO ORDERED.
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Dated:________________
3/8/18
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The Honorable Richard Seeborg
United States District Judge
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE DISCOVERY
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