Morales v. Tilton

Filing 524

ORDER APPROVING JOINT PROPOSED SCHEDULE FOR COMPLETING DISCOVERY. Signed by Judge Jeremy Fogel on 5/13/2011. (jflc2, COURT STAFF) (Filed on 5/16/2011)

Download PDF
1 2 3 4 5 6 7 8 9 10 11 12 13 14 David A. Senior (# 108579) MCBREEN & SENIOR 2029 Century Park East, Third Floor Los Angeles, CA 90067 Phone: (310) 552-5300 Fax: (310) 552-1205 dsenior@mcbreensenior.com **E-Filed 5/16/2011** John R. Grele (# 167080) LAW OFFICES OF JOHN R. GRELE 149 Natoma Street, Third Floor San Francisco, CA 94105 Phone: (415) 348-9300 Fax: (415) 348-0364 jgrele@earthlink.net Richard P. Steinken (admitted pro hac vice) JENNER & BLOCK LLP 353 N. Clark Street Chicago, IL 60654-3456 Phone: 312-222-9350 Fax: 312-527-0484 rsteinken@jenner.com Attorneys for Plaintiffs ALBERT G. BROWN and MICHAEL A. MORALES 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION MICHAEL ANGELO MORALES, ALBERT G. BROWN, Plaintiffs, v. ) ) ) ) ) MATTHEW CATE, Secretary of the California ) Department of Corrections and Rehabilitation, ) et al., ) Defendants. ) _____________________________________ ) ) PACIFIC NEWS SERVICE, ) ) Plaintiff ) v. ) ) MATTHEW CATE, Secretary of the California Department of Corrections and Rehabilitation, ) ) et al., ) Defendants. ______________________________________ ) CASE NO. C 06 0219 JF (RS) C 06 0926 JF (RS) JOINT PROPOSED SCHEDULE FOR COMPLETING DISCOVERY; ------------------ ORDER; [PROPOSED] GENERAL ORDER 45 ATTESTATION CASE NO. C 06 01793 JF (RS) JOINT PROPOSED SCHEDULE FOR COMPLETING DISCOVERY 1 2 3 4 PROPOSED SCHEDULE FOR COMPLETING DISCOVERY The Warden at San Quentin has determined that he will need until the end of August 2011 to select a new execution team. Defendants are in the process of preparing their discovery responses in 5 6 compliance with their discovery obligations set forth in the Court’s March 11, 2011 7 order, and are preparing these materials for disclosure. Defendants will thereafter 8 supplement the foregoing discovery responses after the selection of a new execution team 9 in a timely manner as required by Rule 26(e), and in any event, within 14 days of the 10 completion of the selection of the new team, unless modified by agreement of the parties. 11 12 Defendants will produce responsive documents to Plaintiffs, including documents 13 related to the selection of the new execution team, on a rolling basis as they are collected. 14 The production of such documents will be completed by June 30, 2011, except for any 15 additional production concerning the new team’s selection and ongoing training or 16 changes to the execution team personnel. Defendants will notify Plaintiffs of the creation 17 18 of additional documents concerning the team’s ongoing training (and produce such 19 documentation) and/or any changes to the team personnel in a timely manner as required 20 by Rule 26(e), and in any event, within 14 days following the creation of the document or 21 the change to the team personnel, unless modified by agreement of the parties. 22 Plaintiffs have renewed their request that Defendants provide the missing team 23 24 identification numbers and team training materials for the period 2008 through August 25 29, 2010. See Plaintiffs’ Discovery Hearing Conference Report, Mar. 3, 2011, at 2-4 26 (ECF No. 509); Contra Order Re Discovery and Defendants’ Motion to Strike, at 2 n.1 27 (ECF No.513) (it “appears from counsel’s representations at the hearing that this issue 28 has been resolved.”). The parties will work together to resolve this issue, and if it cannot JOINT PROPOSED SCHEDULE FOR COMPLETING DISCOVERY 2 1 be resolved, will submit a joint statement to the Court for its review and resolution of the 2 issue by September 30, 2011. 3 4 Plaintiffs will review on a rolling basis the documents and information received in order to, inter alia, identify witnesses for depositions. Depositions will be scheduled 5 6 thereafter. At this point, Plaintiffs anticipate deposing witnesses with knowledge of the 7 regulations and execution team documents, document custodians, and present and former 8 execution team managers and participants. In this regard, Plaintiffs counsel have 9 conferred with Defendants’ counsel generally about the scheduling of the depositions 10 (see L.R. 30-1), and counsel are aware of and understand that counsel have other 11 12 professional obligations, including trials, that previously have been calendared. The 13 parties will work together to schedule depositions on dates certain when the witnesses 14 and counsel are available. L.R. 30-1. 15 16 If a dispute arises during a deposition regarding a party’s assertion of a privilege, objection, or instruction to a witness that cannot be resolved by conferring in good faith, 17 18 counsel will contact Judge Fogel’s chambers pursuant to Local Rule 37-1(b) to ask if the 19 Court is available to address the problem through a telephone conference during the 20 deposition, or whether counsel can be directed to a Magistrate Judge to resolve the 21 matter. Counsel will advise the Court of the deposition schedule via e-mail to Mr. 22 Kolombatovich when the depositions are set. 23 24 Based upon counsel for Plaintiffs’ review of certain documentation produced by 25 Defendants to date, Plaintiffs believe that it may be incomplete. Plaintiffs believe that 26 these issues can be clarified during depositions. If the production of such records is in 27 fact incomplete, additional time will be required for Defendants to make complete 28 productions, for Plaintiffs’ counsel to review the records, and for the parties to complete JOINT PROPOSED SCHEDULE FOR COMPLETING DISCOVERY 3 1 the depositions. In addition, Defendants hope to obtain further discovery responses from 2 Plaintiffs and will work with Plaintiffs to resolve these issues before bringing them to the 3 Court for any resolution. 4 Once Defendants complete their discovery obligations set forth in the Court’s 5 6 March 11, 2011 order and all supplements thereto, and Plaintiffs complete all non-expert 7 depositions, Plaintiffs will supplement their responses to Defendants’ contention 8 interrogatories in a timely manner, and in any event within 14 days, unless modified by 9 agreement of the parties. After the foregoing discovery has been completed, the parties 10 will identify expert information as required by Rule 26(a)(2), and present their experts for 11 12 depositions thereafter. 13 In light of this stipulated discovery schedule which has been carefully considered 14 by the parties and is entered into in a good faith attempt to meet the Court’s expectations 15 that “the parties [] comply with their discovery obligations . . . and [] resolve any further 16 disputes amicably without bringing them to the Court” (Order Re Discovery and 17 18 Defendants’ Motion to Strike, at 6 (ECF No.513)), 19 // 20 // 21 // 22 // 23 24 25 26 27 28 JOINT PROPOSED SCHEDULE FOR COMPLETING DISCOVERY 4 1 IT IS HEREBY STIPULATED THAT: 2 1. The foregoing discovery will be completed by January 15, 2012; and 3 2. The parties will file a joint statement identifying any material issues of fact that 4 will require an evidentiary hearing by February 15, 2012. 5 6 DATED: May 9, 2011 By: 7 Richard P. Steinken JENNER & BLOCK 8 9 John R. Grele LAW OFFICE OF JOHN R. GRELE Attorneys for Plaintiffs ALBERT G. BROWN and MICHAEL A. MORALES 10 11 12 13 /s/ David A. Senior McBREEN &SENIOR DATED: May 9, 2011 By: /s/* Michael Laurence Sara Cohbra HABEAS CORPUS RESOURCE CENTER Attorneys for Plaintiffs MITCHELL SIMS and STEVIE FIELDS DATED: May 9, 2011 By: /s/ * Ajay S. Krishnan KEKER & VAN NEST LLP Attorneys for Plaintiffs PACIFIC NEWS SERVICE DATED: May 9, 2011 By: /s/ Michael J. Quinn* MICHAEL J. QUINN Deputy Attorney General Attorneys for Defendants BROWN, CATE, AND CULLEN 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PURSUANT TO STIPULATION, IT IS SO ORDERED. DATED: May _13__, 2011 ________________________________ Honorable Jeremy Fogel UNITED STATES DISTRICT JUDGE JOINT PROPOSED SCHEDULE FOR COMPLETING DISCOVERY 5 1 2 3 *GENERAL ORDER 45 ATTESTATION Per General Order 45, Section X.B. I hereby attest that the concurrence in the filing of this document has been obtained from all signatories. 4 5 ______/s/___________________ David A. Senior 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT PROPOSED SCHEDULE FOR COMPLETING DISCOVERY 6

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?