Ellis v. Navarro et al

Filing 82

STIPULATION AND CASE MANAGEMENT SCHEDULING ORDER: Pretrial Conference set for 7/31/2012 01:00 PM before Hon. Saundra Brown Armstrong.. Signed by Judge ARMSTRONG on 2/22/12. (lrc, COURT STAFF) (Filed on 2/27/2012)

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PILLSBURY WINTHROP SHAW PITTMAN LLP
THOMAS V. LORAN III (SBN 95255)
MARC H. AXELBAUM (SBN 209855)
WESLEY M. SPOWHN (SBN 252939)
50 Fremont Street
Post Office Box 7880
San Francisco, CA 94120-7880
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[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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703504254v1

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

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Court’s Order for Pretrial Preparation (Dkt. 49), as modified by the Stipulation and Order

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Modifying Dates In Order For Pretrial Preparation (“Pretrial Preparation Order”, Dkt. 53)

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and the Stipulation and Order Regarding Discovery (“Discovery Order,” Dkt. 65).

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WHEREAS the parties have completed the depositions of all fact witnesses –
thirteen (13) depositions in total – except for the deposition of Defendant F. Juarez;

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WHEREAS Defendant Juarez sustained a significant medical condition in or around
late December 2011 and is presently unavailable for deposition;

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WHEREAS Plaintiff noticed Defendant Juarez’s deposition for Tuesday, January
10, 2012 at Pelican Bay State Prison (“Pelican Bay”);

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WHEREAS in advance of Defendant Juarez’s noticed deposition, his counsel

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informed Plaintiff that because of Defendant Juarez’s medical condition, his deposition

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could not proceed;

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WHEREAS on January 11, 2012, Defendant Juarez’s counsel informed Plaintiff’s

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counsel that Defendant Juarez expected to return to work at Pelican Bay on or around

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January 23, 2012 and that his deposition could be scheduled thereafter;

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WHEREAS on January 20, 2012, Defendant Juarez’s counsel informed Plaintiff’s

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counsel that Defendant Juarez’s recovery was proceeding slower than anticipated, but that

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Defendant Juarez expected to return to work at Pelican Bay on or around January 30, 2012;

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WHEREAS as of February 6, 2012, Defendant Juarez’s counsel have been informed

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that Defendant Juarez’s medical condition is expected to improve, but Defendant Juarez has

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not been able to provide a date certain for his deposition;

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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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703504254v1

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

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WHEREAS both Plaintiff’s counsel and Defendants’ counsel will need to travel to
Pelican Bay to conduct the deposition of Defendant Juarez;
WHEREAS the Parties’ expert witnesses require additional time to incorporate
information from the deposition of Defendant Juarez for inclusion in their written reports;
WHEREAS the Parties intend to conduct depositions of each other’s designated
expert witnesses following the disclosure of expert witness reports;
WHEREAS the Parties require additional time to conduct the fact and expert
witness discovery described above;

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WHEREAS based on prior communications with the Court and the Court’s

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Scheduling Notes published on the Court’s website, counsel understand that the Court will

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not be available to set trial in this matter for any date in the month of April 2012;

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WHEREAS lead trial counsel for Defendants, Randy Andrada, is scheduled to be in
trial in San Mateo County Superior Court from April 30, 2012 through May 4, 2012;

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WHEREAS lead trial counsel for Defendants, Randy Andrada, will be unavailable

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for trial from May 17, 2012 through May 22, 2012 on account of the fact that he will be in

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Pennsylvania for his daughter’s graduation from Villanova University;

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WHEREAS lead trial counsel for Defendants, Randy Andrada, is scheduled to be in
trial in San Joaquin County Superior Court from June 11, 2012 through June 22, 2012;
WHEREAS lead trial counsel for Plaintiff, Marc H. Axelbaum, will be unavailable
for trial in July 2012;
WHEREAS lead trial counsel for Defendants, Randy Andrada, is scheduled to be in

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trial in Alameda County Superior Court from August 6, 2012 through August 10, 2012;

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WHEREAS one of Plaintiff’s designated expert witnesses is unavailable for trial

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from August 11 through August 17, 2012 and Plaintiff’s other designated expert witness is

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unavailable (traveling out of the country) for the month of August 2012;

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WHEREAS at least one witness employed at Pelican Bay is unavailable for trial in
the month of August 2012;

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

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WHEREAS lead trial counsel for Defendants, Randy Andrada, is scheduled to be in
trial in Alameda County Superior Court from August 31 through September 28, 2012;

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

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WHEREAS the Parties agree that this Stipulation and Proposed Order supersedes

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the joint Stipulation and Proposed Order Modifying Dates In Order For Pretrial Preparation

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(Dkt. 78) filed by the Parties on January 24, 2012;

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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 Pretrial Preparation Order

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and Discovery Order be modified as follows:

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Event

Operative Date, per Pretrial
[Proposed] Revised
Preparation Order (Dkt. 53) and Date
Discovery Order (Dkt. 65)

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Expert Discovery Cut-Off

January 25, 2012

June 29, 2012

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Parties to Meet and Confer re
Pretrial Preparation

January 31, 2012

July 31, 2012

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

February 7, 2012

August 7, 2012

Motions in Limine and
Objections to Evidence Due

February 14, 2012

August 21, 2012

Oppositions to Motions in
Limine and Objections to
Evidence Due

February 21, 2012

September 4, 2012

Replies to Motions in Limine
and Objections to Evidence
Due

February 28, 2012

September 18, 2012

Pretrial Conference

March 6, 2012, 1pm

September 25, 2012,

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1:00pm

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Trial begins

March 12, 2012, 8:30am

October 1, 2012, 8:30am

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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 Preparation Order and Discovery Order will remain
the same.
Dated: February 6, 2012

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

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By

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/s/ Wesley M. Spowhn
Wesley M. Spowhn

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Attorneys for Plaintiff NICHOLAS BART ELLIS
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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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-4703504254v1

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

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DECLARATION PURSUANT TO GENERAL ORDER 45, § X.B

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I, Wesley M. Spowhn, 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 February 6, 2012, at San Francisco, California.

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By

/s/ Wesley M. Spowhn
Wesley M. Spowhn

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Attorney for Plaintiff NICHOLAS BART ELLIS
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-5703504254v1

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

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ORDER

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Event

Operative Date, per Pretrial
Revised Date
Preparation Order (Dkt. 53) and
Discovery Order (Dkt. 65)

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Expert Discovery Cut-Off

January 25, 2012

June 29, 2012

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Parties to Meet and Confer re
Pretrial Preparation

January 31, 2012

June 29, 2012

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

February 7, 2012

July 3, 2012

Motions in Limine and
Objections to Evidence Due

February 14, 2012

July 10, 2012

Oppositions to Motions in
Limine and Objections to
Evidence Due

February 21, 2012

July 17, 2012

Replies to Motions in Limine
and Objections to Evidence
Due

February 28, 2012

July 24, 2012

Pretrial Conference

March 6, 2012, 1pm

July 31, 2012, 1:00pm

Trial begins

March 12, 2012, 8:30am

September 10, 2012,

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8:30am

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Final Settlement Conference

August 2012

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IT IS SO ORDERED.

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2/22/2012

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The Hon. Saundra Brown Armstrong
United States District Judge

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-6703504254v1

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