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)

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Case 4:17-cv-00911-PJH Document 89 Filed 07/30/18 Page 1 of 4 1 2 3 4 5 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: (707) 234-6885 Facsimile: (707) 463-4592 blantonb@mendocinocounty.org 6 7 8 Attorneys for Defendants COUNTY OF MENDOCINO, THOMAS D. ALLMAN, LORRIE KNAPP, and MICHAEL GRANT 9 10 11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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. ) ) COUNTY OF MENDOCINO; SHERIFF ) 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 27 _________________________-1-__________________________ 28 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 1 2 judge in this matter, the Hon. Laurel Beeler, and WHEREAS the Case Management and Pretrial Order (Dkt. 31) was entered on June 19, 3 2017, before plaintiffs filed their Third Amended Complaint (Dkt. 59) on February 1, 2018, to 4 add two additional defendants, Kathy Louise Goodman as Doe Defendant 1 and Kindred 5 Healthcare Operating, Inc. as Doe Defendant 2, and 6 7 8 9 10 11 12 13 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 14 date when all parties can be present, and 15 WHEREAS the non-expert discovery cutoff was reset to October 1, 2018, pursuant to 16 the pretrial schedule set forth in the court’s Case Management and Pretrial Order (Dkt. 85), and 17 WHEREAS all other deadlines originally set in this case remain and are as of the 18 resetting of the non-expert discovery cutoff are incompatible with that date, and 19 20 21 22 23 24 25 26 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: 27 _________________________-2-__________________________ 28 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 1 2 3 Deadline/Hearing Currently Due/Set Proposed Due/Set 4 Non-Expert Discovery Cut-off October 1, 2018 November 1, 2018 5 Disclosure of Experts August, 1, 2018 November 30, 2018 6 Rebuttal August 31, 2018 Dispositive Motions October 3, 2018 December 29, 2018 9 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 7 8 9 10 11 12 13 Dated: July 27, 2018 14 15 KATHARINE L. ELLIOTT County Counsel By: /s/ BRINA A. BLANTON, DEPUTY 16 Attorneys for Defendants COUNTY OF MENDOCINO, THOMAS ALLMAN, LORRIE KNAPP, and MICHAEL GRANT 17 18 19 20 21 22 23 24 25 26 27 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-__________________________ 28 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 1 2 Dated: July 27, 2018 BRENT & FIOL, LLP 3 By: 4 /s/ DAVID L. FIOL 5 Attorneys for Plaintiffs 6 7 Dated: July 27, 2018 8 THE LAW OFFICES OF JEROME M. VARANINI 9 By: 10 /s/ JEROME M. VARANINI 11 Attorneys for Defendants CALIFORNIA FORENSIC MEDICAL GROUP, INC. and DR. MICHAEL MEDVIN 12 13 14 Dated: July 27, 2018 SCHUERING, ZIMMERMAN & DOYLE 15 16 By: /s/ THEODORE D. POPPINGA 17 18 Attorneys for Defendant DR. MARVIN TROTTER 19 20 24 FO A H LI RT 26 n Hamilto hyllis J. ________________________________ Judge P HON. PHYLLIS J. HAMILTON ER C N F United StatesI DistrictOJudge D T NO 25 ERED O ORD IT IS S R NIA 23 ISTRIC ES D TC AT T RT U O July 30, 2018 Dated: ________________________ S 22 PURSUANT TO STIPULATION, IT IS SO ORDERED. UNIT ED 21 S T RIC 27 _________________________-4-__________________________ 28 STIPULATION AND [PROPOSED] ORDER TO AMEND CASE MANAGEMENT AND PRETRIAL ORDER 4:17-cv-00911-PJH

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