Cisneros v. Vangilder et al

Filing 53

ORDER Granting (docket no. 52 in 4:16-cv-00735-HSG and docket no. 49 in 4:16-cv-01320-HSG) STIPULATION of Case Schedule: Amended Pleadings due by 12/1/2017; Designation of Experts due by 5/22/2018; Close of Expert Discovery due by 6/22/20 18; Dispositive Motion due by 7/23/2018; Motion Hearing set for 8/30/2018 02:00 PM before Judge Haywood S. Gilliam Jr.; Final Pretrial Conference set for 10/30/2018 03:00 PM.; Jury Selection/Jury Trial (5-day) set for 11/13/2018 08:30 AM before Judge Haywood S. Gilliam Jr. Signed by Judge Haywood S. Gilliam, Jr. on 11/29/2017. (ndrS, COURT STAFF) (Filed on 11/29/2017)

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XAVIER BECERRA
Attorney General of California
KYLE A. LEWIS
Acting Supervising Deputy Attorney General
IAN MICHAEL ELLIS
Deputy Attorney General
State Bar No. 280254
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants S. Cupp, J. Cuske,
D. Melton, K. Ohland, J. Vangilder, and J. Vasquez

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TIMOTHY LEWIS MOORE, State Bar No. 305168
Reed Smith, LLP
101 2nd Street, STE 1800
San Francisco, CA 94105
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorney for Plaintiff Daniel Cisneros
GERALD SINGLETON, State Bar No. 208783
BRODY A. MCBRIDE, State Bar No. 270852
Singleton Law Firm
115 W. Plaza Street
Solana Beach, CA 92075-1123
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff Daniel Manriquez

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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DANIEL CISNEROS,

Case No. 16-cv-00735 HSG

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Plaintiff, STIPULATED CASE SCHEDULE;
[PROPOSED] ORDER

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v.
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Judge:
Courtroom:
Trial Date:

J. VANGILDER, et al.,

Hon. Haywood S. Gilliam, Jr.
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Nov. 12, 2018

Defendants.

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Stip. Case Schedule; [Proposed] Order (Case Nos. 16-cv-00735 HSG; 16-cv-01320 HSG)

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DANIEL MANRIQUEZ,

Case No. 16-cv-01320 HSG

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Plaintiff,
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v.
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J. VANGILDER, et al.,
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Defendants.
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At the November 14, 2017 joint case management conference, the Court ordered counsel

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for Plaintiffs Daniel Manriquez and Daniel Cisneros and counsel for Defendants S. Cupp,

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J. Cuske, D. Melton, K. Ohland, J. Vangilder, and J. Vasquez (“the Parties”) to prepare a

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proposed schedule for further proceedings in these related actions. In compliance with the

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Court’s order, and pursuant to the Court’s stated preference to schedule the trial in this case on

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November 12, 2018, the Parties propose the following case schedule for the Court’s approval. 1
All amended pleadings and/or motions to amend shall be filed no later than December

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1, 2017;

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The Parties shall exchange initial disclosures by January 2, 2018;

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At the end of the initial-disclosure period, the Parties shall have until May 22, 2018,

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to conduct all necessary non-expert discovery. To expedite discovery, the Court

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grants the Parties leave to conduct the dispositions of incarcerated witnesses without

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further order by this Court;
Expert discovery shall begin on May 22, 2018. Any expert designations and reports

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are due that date;

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Expert discovery will close on June 22, 2018;

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The discovery cut-off will coincide with the close of expert discovery;

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1

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The Parties note that this is an ambitious schedule, particularly as it pertains to expert
discovery. In allowing only 30 days for expert discovery (which includes initial and rebuttal
expert disclosures and reports, and expert depositions), there is a significant chance that
circumstances will arise that prevent the Parties from completing expert discovery before the
cutoff. The Parties will make every endeavor to work together diligently and amicably to meet all
dates in this schedule, including the expert discovery dates. However, if despite the Parties’
diligent efforts, they are unable to meet these dates, they will move the Court to modify this
schedule as appropriate.
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Stip. Case Schedule; [Proposed] Order (Case Nos. 16-cv-00735 HSG; 16-cv-01320 HSG)

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By June 25, 2018, the Parties will advise the Court if consolidation of these actions

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for purposes of trial is desired and if not, an explanation of the reasons why these

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two actions should not be consolidated for trial purposes;

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The Parties shall have until and including July 23, 2018, to move for summary

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judgment;

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The joint pretrial conference for both of these matters shall be set for October 30,

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2018, unless the Court is persuaded that these actions cannot be tried together;

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The consolidated trial of these two actions is set to begin on November 12, 2018,

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unless the Court is persuaded that these actions cannot be tried together.

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//

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//

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Stip. Case Schedule; [Proposed] Order (Case Nos. 16-cv-00735 HSG; 16-cv-01320 HSG)

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The Parties are agreed as to the above schedule and respectfully request that Court adopt
the schedule for purposes of these two cases.
Dated: November 28, 2017

Respectfully submitted,

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XAVIER BECERRA
Attorney General of California
KYLE A. LEWIS
Acting Supervising Deputy Attorney General

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/s/ IAN MICHAEL ELLIS
IAN MICHAEL ELLIS
Deputy Attorney General
Attorneys for Defendants
S. Cupp, J. Cuske, D. Melton,
K. Ohland, J. Vangilder,
and J. Vasquez

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Dated: November 28, 2017

/s/ TIMOTHY L. MOORE
Timothy Lewis Moore
Reed Smith, LLP
Attorney for Plaintiff Daniel Cisneros

Dated: November 28, 2017

/s/ BRODY A. MCBRIDE
Brody A. McBride
Singleton Law Firm
Attorneys for Plaintiff Daniel Manriquez

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[PROPOSED] ORDER
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The Court has reviewed the parties’ proposed case schedule and approves it.
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IT IS SO ORDERED.except the trial will begin on Tuesday, November 13, 2018 and
August 30, 2018 is the last day to hear dispositive motions.

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Date: __________________
11/29/2017
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________________________________________
The Hon. Haywood S. Gilliam, Jr., District Judge

SF2016401088; SF2016400816
21048002.docx

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Stip. Case Schedule; [Proposed] Order (Case Nos. 16-cv-00735 HSG; 16-cv-01320 HSG)