Ward et al v. The County of Mendocino et al

Filing 91

STIPULATION AND ORDER TO AMEND CASE MANAGEMENT AND PRETRIAL ORDER AS MODIFIED BY THE COURT. Signed by Judge Phyllis J. Hamilton on 7/30/18. Close of Fact Discovery due by 11/1/2018. Designation of Experts due by 11/30/2018. Rebuttal due by 12/29/ 2018. Dispositive Motions to be heard by 1/9/2019. Close of Expert Discovery due by 1/11/2019. Pretrial Conference set for 8/15/2019 at 02:00 PM in Oakland, Courtroom 3, 3rd Floor before Judge Phyllis J. Hamilton. Jury Selection and Jury Trial set for 9/9/2019 at 08:30 AM in Oakland, Courtroom 3, 3rd Floor before Judge Phyllis J. Hamilton. (kcS, COURT STAFF) (Filed on 7/30/2018)

Case 4:17-cv-00911-PJH Document 89 Filed 07/30/18 Page 1 of 4

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KATHARINE L. ELLIOTT, County Counsel SBN 135253
BRINA A. BLANTON, Deputy, SBN 260829
County of Mendocino – Administration Center
501 Low Gap Road, Room 1030
Ukiah, CA 95482
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Defendants
COUNTY OF MENDOCINO, THOMAS D. ALLMAN, LORRIE KNAPP, and MICHAEL
GRANT

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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MARGARET WARD, in her personal capacity, )
and as executor of the estate of Earl Ward,
)
Deceased, KEVIN WARD and INA WARD, )
surviving heir of JEFF WARD
)
)
Plaintiffs,
)
V.
)
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COUNTY OF MENDOCINO; SHERIFF
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THOMAS D. ALLMAN, individually and in )
his official capacity as Sheriff of the COUNTY )
OF MENDOCINO; LORRIE KNAPP;
)
MICHAEL GRANT; CALIFORNIA
)
FORENSIC MEDICAL GROUP, INC.; DR. )
MICHAEL MEDVIN; DR. MARVIN
)
TROTTER; KATHY LOUISE GOODMAN; )
KINDRED HEALTHCARE OPERATING,
)
INC.; and DOES 1 through 100, inclusive.
)
)
Defendants.

Case No. 4:17-cv-00911-PJH
STIPULATION AND [PROPOSED]
ORDER TO AMEND CASE
MANAGEMENT AND PRETRIAL
ORDER AS MODIFIED BY THE COURT

WHEREAS the plaintiffs and defendants in this action have participated in a settlement
scheduling conference under the guidance and recommendation of the assigned settlement

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STIPULATION AND [PROPOSED] ORDER TO AMEND CASE MANAGEMENT AND PRETRIAL ORDER
4:17-cv-00911-PJH

Case 4:17-cv-00911-PJH Document 89 Filed 07/30/18 Page 2 of 4

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judge in this matter, the Hon. Laurel Beeler, and
WHEREAS the Case Management and Pretrial Order (Dkt. 31) was entered on June 19,

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2017, before plaintiffs filed their Third Amended Complaint (Dkt. 59) on February 1, 2018, to

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add two additional defendants, Kathy Louise Goodman as Doe Defendant 1 and Kindred

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Healthcare Operating, Inc. as Doe Defendant 2, and

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WHEREAS defendant Kindred Healthcare Operating, Inc. first appeared in this matter
on March 7, 2018, and
WHEREAS defendant Kathy Louise Goodman first appeared in this matter on April
18, 2018, and
WHEREAS a settlement conference had been set for August 15, 2018, and
WEHREAS one of the Plaintiffs was diagnosed with a serious medical condition and
will not be able to attend the August 15, 2018 settlement conference, and
WHEREAS the parties are currently working to continue the settlement conference to a

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date when all parties can be present, and
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WHEREAS the non-expert discovery cutoff was reset to October 1, 2018, pursuant to
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the pretrial schedule set forth in the court’s Case Management and Pretrial Order (Dkt. 85), and

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WHEREAS all other deadlines originally set in this case remain and are as of the
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resetting of the non-expert discovery cutoff are incompatible with that date, and
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WHEREAS the plaintiffs and defendants in this action are aware of the procedure for
amending the court’s Case Management and Pretrial Order (Dkt. 31) and have concurrently
filed a letter brief with the court, in accordance with said procedure, and
WHEREAS good cause exists for an order amending the court’s Case Management and
Pretrial Order (Dkt. 31), as set forth above.
THE PARTIES HEREBY STIPULATE TO THE FOLLOWING PROPOSED CASE
MANAGEMENT AND PRETRIAL ORDER:

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STIPULATION AND [PROPOSED] ORDER TO AMEND CASE MANAGEMENT AND PRETRIAL ORDER
4:17-cv-00911-PJH

Case 4:17-cv-00911-PJH Document 89 Filed 07/30/18 Page 3 of 4

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Deadline/Hearing

Currently Due/Set

Proposed Due/Set

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Non-Expert Discovery Cut-off

October 1, 2018

November 1, 2018

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Disclosure of Experts

August, 1, 2018

November 30, 2018

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Rebuttal

August 31, 2018

Dispositive Motions

October 3, 2018

December 29, 2018
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January _ 2019
3,

Expert Discovery Cut-Off

November 11, 2018

January 11, 2019

Pretrial Conference

January 10, 2019

August 15, 2019

Trial

February 4, 2019

September 9, 2019

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Dated: July 27, 2018

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KATHARINE L. ELLIOTT
County Counsel
By:

/s/

BRINA A. BLANTON, DEPUTY

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Attorneys for Defendants
COUNTY OF MENDOCINO, THOMAS
ALLMAN, LORRIE KNAPP, and MICHAEL
GRANT

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Dated: July 27, 2018

J SUPPLE LAW
A Professional Corporation
By:

/s/

JOHN L. SUPPLE
JODIE C. FEUSNER
MATTHEW SCHROEDER
Attorneys for Defendants
KATHY LOUISE GOODMAN and
KINDRED HEALTHCARE OPERATING,
INC.
_________________________-3-__________________________

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STIPULATION AND [PROPOSED] ORDER TO AMEND CASE MANAGEMENT AND PRETRIAL ORDER
4:17-cv-00911-PJH

Case 4:17-cv-00911-PJH Document 89 Filed 07/30/18 Page 4 of 4

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Dated: July 27, 2018

BRENT & FIOL, LLP

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By:

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/s/

DAVID L. FIOL

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Attorneys for Plaintiffs

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Dated: July 27, 2018

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THE LAW OFFICES OF JEROME M.
VARANINI

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By:

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/s/

JEROME M. VARANINI

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Attorneys for Defendants
CALIFORNIA FORENSIC MEDICAL
GROUP, INC. and DR. MICHAEL MEDVIN

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Dated: July 27, 2018

SCHUERING, ZIMMERMAN & DOYLE

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By:

/s/

THEODORE D. POPPINGA

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Attorneys for Defendant
DR. MARVIN TROTTER

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FO

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Hamilto

hyllis J.
________________________________
Judge P
HON. PHYLLIS J. HAMILTON
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United StatesI DistrictOJudge
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ISTRIC
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July 30, 2018
Dated: ________________________

S

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

UNIT
ED

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S T RIC

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STIPULATION AND [PROPOSED] ORDER TO AMEND CASE MANAGEMENT AND PRETRIAL ORDER
4:17-cv-00911-PJH