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)

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David A. Senior (# 108579)
MCBREEN & SENIOR
2029 Century Park East, Third Floor
Los Angeles, CA 90067
Phone: [phone]
Fax: [phone]
[e-mail]

**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: [phone]
Fax: [phone]
[e-mail]
Richard P. Steinken (admitted pro hac vice)
JENNER & BLOCK LLP
353 N. Clark Street
Chicago, IL 60654-3456
Phone: [phone]
Fax: [phone]
[e-mail]
Attorneys for Plaintiffs
ALBERT G. BROWN and
MICHAEL A. MORALES

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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

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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

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compliance with their discovery obligations set forth in the Court’s March 11, 2011

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order, and are preparing these materials for disclosure. Defendants will thereafter

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supplement the foregoing discovery responses after the selection of a new execution team

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in a timely manner as required by Rule 26(e), and in any event, within 14 days of the

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completion of the selection of the new team, unless modified by agreement of the parties.

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Defendants will produce responsive documents to Plaintiffs, including documents

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related to the selection of the new execution team, on a rolling basis as they are collected.

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The production of such documents will be completed by June 30, 2011, except for any

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additional production concerning the new team’s selection and ongoing training or

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changes to the execution team personnel. Defendants will notify Plaintiffs of the creation

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of additional documents concerning the team’s ongoing training (and produce such

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documentation) and/or any changes to the team personnel in a timely manner as required

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by Rule 26(e), and in any event, within 14 days following the creation of the document or

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the change to the team personnel, unless modified by agreement of the parties.

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Plaintiffs have renewed their request that Defendants provide the missing team

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identification numbers and team training materials for the period 2008 through August

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29, 2010. See Plaintiffs’ Discovery Hearing Conference Report, Mar. 3, 2011, at 2-4

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(ECF No. 509); Contra Order Re Discovery and Defendants’ Motion to Strike, at 2 n.1

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(ECF No.513) (it “appears from counsel’s representations at the hearing that this issue

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has been resolved.”). The parties will work together to resolve this issue, and if it cannot

JOINT PROPOSED SCHEDULE FOR COMPLETING DISCOVERY
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be resolved, will submit a joint statement to the Court for its review and resolution of the

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issue by September 30, 2011.

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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

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thereafter. At this point, Plaintiffs anticipate deposing witnesses with knowledge of the

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regulations and execution team documents, document custodians, and present and former

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execution team managers and participants. In this regard, Plaintiffs counsel have

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conferred with Defendants’ counsel generally about the scheduling of the depositions

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(see L.R. 30-1), and counsel are aware of and understand that counsel have other

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professional obligations, including trials, that previously have been calendared. The

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parties will work together to schedule depositions on dates certain when the witnesses

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and counsel are available. L.R. 30-1.

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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,

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counsel will contact Judge Fogel’s chambers pursuant to Local Rule 37-1(b) to ask if the

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Court is available to address the problem through a telephone conference during the

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deposition, or whether counsel can be directed to a Magistrate Judge to resolve the

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matter. Counsel will advise the Court of the deposition schedule via e-mail to Mr.

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Kolombatovich when the depositions are set.

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Based upon counsel for Plaintiffs’ review of certain documentation produced by

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Defendants to date, Plaintiffs believe that it may be incomplete. Plaintiffs believe that

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these issues can be clarified during depositions. If the production of such records is in

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fact incomplete, additional time will be required for Defendants to make complete

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productions, for Plaintiffs’ counsel to review the records, and for the parties to complete

JOINT PROPOSED SCHEDULE FOR COMPLETING DISCOVERY
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the depositions. In addition, Defendants hope to obtain further discovery responses from

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Plaintiffs and will work with Plaintiffs to resolve these issues before bringing them to the

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Court for any resolution.

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Once Defendants complete their discovery obligations set forth in the Court’s

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March 11, 2011 order and all supplements thereto, and Plaintiffs complete all non-expert

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depositions, Plaintiffs will supplement their responses to Defendants’ contention

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interrogatories in a timely manner, and in any event within 14 days, unless modified by

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agreement of the parties. After the foregoing discovery has been completed, the parties

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will identify expert information as required by Rule 26(a)(2), and present their experts for

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depositions thereafter.

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In light of this stipulated discovery schedule which has been carefully considered

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by the parties and is entered into in a good faith attempt to meet the Court’s expectations

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that “the parties [] comply with their discovery obligations . . . and [] resolve any further

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disputes amicably without bringing them to the Court” (Order Re Discovery and

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Defendants’ Motion to Strike, at 6 (ECF No.513)),

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JOINT PROPOSED SCHEDULE FOR COMPLETING DISCOVERY
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IT IS HEREBY STIPULATED THAT:

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The foregoing discovery will be completed by January 15, 2012; and

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The parties will file a joint statement identifying any material issues of fact that

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will require an evidentiary hearing by February 15, 2012.

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DATED: May 9, 2011

By:

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Richard P. Steinken
JENNER & BLOCK

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John R. Grele
LAW OFFICE OF JOHN R. GRELE
Attorneys for Plaintiffs
ALBERT G. BROWN and
MICHAEL A. MORALES

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/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

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
DATED: May _13__, 2011

________________________________
Honorable Jeremy Fogel
UNITED STATES DISTRICT JUDGE

JOINT PROPOSED SCHEDULE FOR COMPLETING DISCOVERY
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*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.

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______/s/___________________
David A. Senior

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JOINT PROPOSED SCHEDULE FOR COMPLETING DISCOVERY
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