Ellis v. Navarro et al

Filing 53

STIPULATION AND ORDER Jury Selection set for 3/12/2012 08:30 AM before Hon. Saundra Brown Armstrong. Jury Trial set for 3/12/2012 08:30 AM before Hon. Saundra Brown Armstrong. Pretrial Conference set for 3/6/2012 01:00 PM before Hon. Saundra Brown Armstrong.. Signed by Judge ARMSTRONG on 9/15/11. (lrc, COURT STAFF) (Filed on 9/16/2011)

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PILLSBURY WINTHROP SHAW PITTMAN LLP
THOMAS V. LORAN III (SBN 95255)
MARC H. AXELBAUM (SBN 209855)
50 Fremont Street
Post Office Box 7880
San Francisco, CA 94120-7880
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiff
NICHOLAS BART ELLIS

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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NICHOLAS BART ELLIS,

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Plaintiff,
vs.

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A. NAVARRO, et al.,
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Defendants.

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No. C 07-5126 SBA (pr)
STIPULATION AND [PROPOSED]
ORDER MODIFYING DATES IN
ORDER FOR PRETRIAL
PREPARATION
Courtroom: 1
Judge: Hon. Saundra Brown Armstrong

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703191587v1

Stip. and Prop. Order Modifying
Order for Pretrial Preparation
Case No. C 07-5126 SBA (PR)

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Plaintiff Nicholas Bart Ellis and Defendants A. Navarro, F. Juarez and B. Gardner
(collectively, the “Parties”)1 hereby stipulate as follows:

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STIPULATION

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WHEREAS the Parties have met and conferred regarding the schedule set in the
Court’s Order for Pretrial Preparation (“Order,” Dkt. 49);

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WHEREAS the parties are currently engaged in discovery;

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WHEREAS litigation of this action requires extensive planning and preparation that

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a typical case does not entail, to wit:
•

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Plaintiff is incarcerated in the Security Housing Unit of Pelican Bay State

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Prison (“Pelican Bay”), known as the state prison with the highest-level of

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security in California;
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Because of Pelican Bay’s security restrictions and policies and practices

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concerning attorney-client telephone calls (see Dkts. 42-47), it is difficult for

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Plaintiff’s counsel, who were appointed by the Court to represent him, to

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consult with Plaintiff regularly or for any significant length of time

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(although the Parties’ counsel and Pelican Bay are working through these

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issues);
•

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Pelican Bay is located in Crescent City, California, 363 miles north of the
San Francisco Bay Area, where the Parties’ counsel live and work;

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Most of the witnesses in the case work and live near Pelican Bay;

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Because of its remote location and security restrictions at the prison, travel

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to or from Pelican Bay takes approximately a full business day, and because

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of coastal weather conditions, flights are often cancelled or delayed;
•

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Document discovery requires the cooperation and assistance of the staff of
Pelican Bay and the California Department of Corrections and

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On June 18, 2010, the Parties entered into a Stipulation and [Proposed] Order voluntarily
dismissing Defendant C.E. Wilber pursuant to Federal Rule of Civil Procedure
41(a)(1)(A). Dkt. 34.
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703191587v1

Stip. and Prop. Order Modifying
Order for Pretrial Preparation
Case No. C 07-5126 SBA (PR)

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Rehabilitation, both of which are significantly under-staffed as a result of

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state budget constraints;

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WHEREAS there are numerous fact witnesses who will need to be deposed in the

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case, including the Parties themselves, other witnesses to the incidents at issue, possibly

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medical personnel who treated Plaintiff, Pelican Bay and CDC officials who processed

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Plaintiff’s administrative appeal (relevant to the exhaustion issues in the case), as well as

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expert witnesses;

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WHEREAS Plaintiff’s counsel need to travel to Pelican Bay on a separate trip in

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advance of fact depositions in order to inspect and videotape various locations at Pelican

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Bay where the incidents took place;

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WHEREAS the Parties have agreed not to bring further dispositive motions

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(including any motions for summary judgment), but nevertheless require additional time to

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conduct fact and expert witness discovery;

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WHEREAS the Parties agree to the extension of dates set in the Order to allow
sufficient time for discovery and trial preparation;

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WHEREAS the Parties have not sought any other extensions of the dates set in the
Order;

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NOW, THEREFORE, the Parties, through their undersigned counsel, stipulate and

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request that the Court order that the pretrial dates set forth in the Order be modified as

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follows:

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Event

Date, per Order for Pretrial
Preparation, Dkt. 49

[Proposed] Revised
Dates

Fact Discovery Cut-Off

September 30, 2011

December 2, 2011

Expert Designation

Plaintiff: September 30, 2011

November 18, 2011

Defendant: September 30, 2011

November 18, 2011

Rebuttal: October 14, 2011

December 2, 2012

December 19, 2011

February 3, 2012

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Expert Discovery Cut-Off

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-2703191587v1

Stip. and Prop. Order Modifying
Order for Pretrial Preparation
Case No. C 07-5126 SBA (PR)

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Event

Date, per Order for Pretrial
Preparation, Dkt. 49

[Proposed] Revised
Dates

Motion Cut-Off

November 15, 2011, 1pm

Mandatory Settlement
Conference

November 21 to December 19,
2011

Parties to Meet and Confer re
Pretrial Preparation

December 10, 2011

None needed – No
further dispositive
motions will be filed.
November 29, 9:30am
(Judge Beeler), see Dkt.
50
January 31, 2012

Joint Pretrial Statement; Trial
Briefs; Witness Lists;
Designation of Discovery
Excerpts; Proposed Jury
Instructions, Voir Dire and
Verdict Forms; Exhibits Due

December 13, 2011

February 7, 2012

Motions in Limine and
Objections to Evidence Due

December 20, 2011

February 14, 2012

Oppositions to Motions in
Limine and Objections to
Evidence Due

December 27, 2011

February 21, 2012

January 3, 2012

February 28, 2012

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Replies to Motions in Limine
and Objections to Evidence
Due

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Pretrial Conference

January 10, 2012, 1pm

March 6, 2012, 1pm

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Trial begins

January 18, 2012, 8:30am

March 14, 2012, 8:30am

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All other terms of the Order will remain the same.

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Dated: August 5, 2011

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PILLSBURY WINTHROP SHAW PITTMAN LLP
THOMAS V. LORAN III
MARC H. AXELBAUM
50 Fremont Street
Post Office Box 7880
San Francisco, CA 94120-7880

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By

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/s/ Marc H. Axelbaum
Marc H. Axelbaum

Attorneys for Plaintiff NICHOLAS BART ELLIS

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-3703191587v1

Stip. and Prop. Order Modifying
Order for Pretrial Preparation
Case No. C 07-5126 SBA (PR)

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ANDRADA & ASSOCIATES
J. RANDALL ANDRADA
MATTHEW ROMAN
180 Grand Avenue, Suite 225
Oakland, CA 94612

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By

/s/ Matthew Roman
Matthew Roman

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Attorneys for Defendants
SERGEANT A. NAVARRO;
CORRECTIONAL OFFICER F. JUAREZ
CORRECTIONAL OFFICER B. GARDNER; AND
APPEALS COORDINATOR C.E. WILBER

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DECLARATION PURSUANT TO GENERAL ORDER 45, § X.B

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I, Marc H. Axelbaum, hereby declare pursuant to General Order 45, § X.B, that I

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have obtained the concurrence in the filing of this document from the signatory listed

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above.

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I declare under penalty of perjury that the foregoing declaration is true and correct.

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Executed on August 5, 2011, at San Francisco, California.
By

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/s/ Marc H. Axelbaum
Marc H. Axelbaum

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Attorney for Plaintiff NICHOLAS BART ELLIS
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-4703191587v1

Stip. and Prop. Order Modifying
Order for Pretrial Preparation
Case No. C 07-5126 SBA (PR)

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[PROPOSED] ORDER

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Pursuant to the parties’ stipulation, the Court’s pretrial scheduling order is MODIFIED

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AS FOLLOWS:

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Event

Date, per Order for Pretrial
Preparation, Dkt. 49

[Proposed] Revised
Dates

Fact Discovery Cut-Off

September 30, 2011

December 2, 2011

Expert Designation

Plaintiff: September 30, 2011

November 18, 2011

Defendant: September 30, 2011

November 18, 2011

Rebuttal: October 14, 2011

December 2, 2012

Expert Discovery Cut-Off

December 19, 2011

February 3, 2012

Motion Cut-Off

November 15, 2011, 1pm

Mandatory Settlement
Conference

November 21 to December 19,
2011

Parties to Meet and Confer re
Pretrial Preparation

December 10, 2011

None needed – No
further dispositive
motions will be filed.
November 29, 9:30am
(Judge Beeler), see Dkt.
50
January 31, 2012

Joint Pretrial Statement; Trial
Briefs; Witness Lists;
Designation of Discovery
Excerpts; Proposed Jury
Instructions, Voir Dire and
Verdict Forms; Exhibits Due

December 13, 2011

February 7, 2012

Motions in Limine and
Objections to Evidence Due

December 20, 2011

February 14, 2012

Oppositions to Motions in
Limine and Objections to
Evidence Due

December 27, 2011

February 21, 2012

January 3, 2012

February 28, 2012

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Replies to Motions in Limine
and Objections to Evidence
Due

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Pretrial Conference

January 10, 2012, 1pm

March 6, 2012, 1pm

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Trial begins (10-day jury trial)

January 18, 2012, 8:30am

March 14, 2012, 8:30am
March 12, 2012 at
8:30am

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-5703191587v1

Stip. and Prop. Order Modifying
Order for Pretrial Preparation
Case No. C 07-5126 SBA (PR)

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All other terms of the pretrial scheduling order will remain the same.

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IT IS SO ORDERED.

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September 15, 2011

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The Hon. Saundra Brown Armstrong
United States District Judge

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-6703191587v1

Stip. and Prop. Order Modifying
Order for Pretrial Preparation
Case No. C 07-5126 SBA (PR)