Cameron Dyess v. Estate of Jajuan Lee Morton et al

Filing 38

ORDER (as modified) by Judge Haywood S. Gilliam, Jr. Granting 37 Stipulation REQUEST FOR ORDER CHANGING TIME. Close of Fact Discovery due by 8/2/2021; Designation of Experts due by 7/1/2021; Designation of Rebuttal Experts due by 7/30/2021; Close of Expert Discovery due by 8/31/2021; Motion Hearing set for 8/5/2021 02:00 PM before Judge Haywood S. Gilliam Jr.; Pretrial Conference set for 10/26/2021 03:00 PM before Judge Haywood S. Gilliam Jr.; Jury Selection /Jury Trial (5-day) set for 11/8/2021 08:30 AM before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 1/8/2021)

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LAW OFFICES OF JOHN A. HAUSER
By: LAURIE J. ELZA, State Bar No.: 284903
One Pointe Drive, 6th Floor,
Brea, CA 92821
Phone: [phone] / Fax: [phone]
Direct Line: [phone]
E-Mail: [e-mail]
Mailing Address: P.O. Box 2282, Brea, CA 92822-2282
LEWIS BRISBOIS BISGAARD & SMITH, LLP
By: ANDREW C. HUBERT, State Bar No.: 117887
By: DANA A. FOX, State Bar No.: 119761
633 W. 5th Street, Ste. 4000
Los Angeles, CA 90071
Phone: [phone] / F: [phone]
E-Mail: [e-mail]; [e-mail]
Attorneys for Defendant, PA SOLUTIONS, INC.

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UNITED STATES DISTRICT COURT

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IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA

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CAMERON DYESS, an individual,

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Plaintiff,

CASE NO. 4:20-cv-00909-HSG
[Assigned for All Purposes to the Honorable
Haywood S. Gilliam, Jr.; Courtroom 2]

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vs.

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ESTATE OF JAJUAN LEE MORTON,
Deceased; DONYELL SHAJUAN
HANKINS as Personal Representative of
the ESTATE OF JAJUAN LEE MORTON,
Deceased; PA SOLUTIONS, INC., a
Michigan Corporation; and DOES 1 through
20, inclusive,

Action Filed: November 22, 2019
Trial Date: July 6, 2021

Defendants.

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(REVISED) CIVIL LOCAL RULE 6-2
JOINT STIPULATED REQUEST FOR
ORDER CHANGING TIME & ORDER
THEREON (as modified)

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____________________________________________________________________________________________
_ (REVISED) STIPULATED CONTINUANCE OF TRIAL AND ORDER

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Plaintiff Cameron Dyess and Defendants Estate of Jajuan Lee Morton, and PA Solutions,

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Inc. (collectively “the Parties”), pursuant to Local Rules 6-1, 6-2, and 7-12, submit this revised

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stipulation to continue the current trial date and attendant deadlines, subject to the Court’s

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approval, as follows:

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On May 13, 2020, the Court issued a Scheduling Order, setting this matter for jury trial
on July 6, 2021 with the following dates set per the Court’s Scheduling Order:

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EVENT

DATE

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Amendment of Pleadings

July 11, 2020

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Close of Fact Discovery

April 9, 2021

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Expert Disclosure Deadline

February 1, 2021

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Rebuttal Expert Disclosure Deadline

March 1, 2021

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Close of Expert Discovery

March 19, 2021

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Dispositive Motion Hearing Deadline

April 1, 2021 at 2:00 p.m.

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Pretrial Conference

June 28, 2021 at 3:00 p.m.

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5-Day Jury Trial

July 6, 2021 at 8:30 a.m.

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The Parties agree and stipulate that the discovery necessary to prepare this matter for

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mediation and trial cannot be completed by the above deadlines. The Parties further agree and

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stipulate that the delay in discovery is due to events beyond the parties’ control and which,

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despite their best efforts, cannot be rectified. The delays are due to the COVID pandemic and the

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multi-state locations of the Parties and medical providers. These delays include the inability to

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obtain complete medical records and billing, which adversely impacts the Parties’ ability to

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retain experts and to schedule depositions of medical providers, as well as ongoing document

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discovery between the parties, which will necessitate depositions of party representatives and

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employee witnesses.

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The Parties agree and stipulate that a resetting of the dates set forth in the Court’s

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Scheduling Order, including the trial date, is needed to permit the Parties to complete the

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discovery necessary for mediation and trial.
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_ (REVISED) STIPULATED CONTINUANCE OF TRIAL AND ORDER

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The Parties agree and stipulate that this stipulation is made in good faith in the interests

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of judicial economy and efficiency of resources of the Court and the Parties and is not for the

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purposes of delay.

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IT IS STIPULATED AND AGREED, by and between the parties and their undersigned

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counsel of record, that the trial date be moved to November 8, 2021, and that the attendant

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deadlines set forth in the Scheduling Order be moved as follows:

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EVENT

DATE

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Close of Fact Discovery

August 2, 2021

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Expert Disclosure Deadline

July 1, 2021

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Rebuttal Expert Disclosure Deadline

July 30, 2021

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Close of Expert Discovery

August 31, 2021

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Dispositive Motion Hearing Deadline

August 5, 2021 at 2:00 p.m.

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Pretrial Conference

October 26, 2021 at 3:00 p.m.

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DATED: January 7, 2021

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ERSKINE LAW, PC
/s/ Jonathan M. Shugart
BY:___________________________
JONATHAN M. SHUGART, ESQ.
Attorneys for Plaintiff, CAMERON DYESS

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DATED: January 7, 2021

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LAW OFFICES OF JOHN A. HAUSER
/s/ Laurie J. Elza
BY:___________________________
LAURIE J. ELZA, ESQ.
Attorneys for Defendant, PA SOLUTIONS, INC.

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DATED: January 7, 2021

LEWIS BRISBOIS BISGAARD & SMITH, LLP
/s/ Andrew C. Hubert
BY:___________________________
ANDREW C. HUBERT, ESQ.
Co-Counsel for Defendant, PA SOLUTIONS, INC.

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_ (REVISED) STIPULATED CONTINUANCE OF TRIAL AND ORDER

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DATED: January 7, 2021

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KNUDTSON & ASSOCIATES, PC
/s/ Gigi Knudtson
BY:___________________________
GIGI KNUDTSON, ESQ.
Attorneys for Defendant, ESTATE OF JAJUAN
LEE MORTON

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IT IS SO ORDERED. The trial previously set for July 6, 2021 is being continued to
November 8, 2021 at 8:30 a.m.
DATED: 1/8/2021

______________________________
HON. HAYWOOD S. GILLIAM, JR.
UNITED STATES DISTRICT COURT JUDGE

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_ (REVISED) STIPULATED CONTINUANCE OF TRIAL AND ORDER