Watson et al v. County of Santa Clara et al

Filing 343

STIPULATION AND ORDER 342 to Modify Scheduling Order: Jury Trial set for 8/23/2010 01:30 PM in Courtroom 6, 4th Floor, San Jose. Pretrial Conference set for 8/5/2010 02:00 PM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 2/2/10. (jg, COURT STAFF) (Filed on 2/2/2010)

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MIGUEL MÁRQUEZ, Acting County Counsel (S.B. #184621) MELISSA R. KINIYALOCTS, Lead Deputy County Counsel (S.B. #215814) DAVID ROLLO, Deputy County Counsel (S.B. #111998) GREGORY J. SEBASTINELLI, Deputy County Counsel (S.B. #104884) OFFICE OF THE COUNTY COUNSEL 70 West Hedding, East Wing, 9th Floor San Jose, California 95110-1770 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants COUNTY OF SANTA CLARA, NORMA SPARKS, YAZMINA LETONA, SHARON BURGAN, LINDA CASTALDI, JEWELS RAMIREZ, VU TRAN, RIMA SINGH, AARON WEST, JOHN HAMILTON, ANITA NOBLE, JANET KAHLE, MARY RITTER, DAVID KEARNS, and ELISABETH MAILHOT, M.D.

*E-FILED - 2/2/10*

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA (San Jose Division)

) ) Plaintiffs, ) ) v. ) ) COUNTY OF SANTA CLARA et al., ) ) Defendants. ) __________________________________)

TRACY WATSON et al.,

No.

C06-4029 RMW

STIPULATION AND ORDER TO MODIFY SCHEDULING ORDER; DECLARATION OF MELISSA KINIYALOCTS IN SUPPORT THEROF

The parties in the above-captioned action submit the following stipulation and order to modify the current scheduling order as follows: Current Scheduling Order Expert Disclosure Disclosure of rebuttal experts Close of Expert discovery Pretrial Conference Trial February 8, 2010 March 1, 2010 March 26, 2010 April 22, 2010 May 10, 2010 Proposed New Date May 10, 2010 June 7, 2010 July 2, 2010 August 5, 2010 August 23, 2010

S t i p u l a t i o n and Order to Modify Scheduling Order; Decl. of M e lis s a Kiniyalocts

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This Stipulation and Proposed Order is accompanied by the Declaration of Melissa Kiniyalocts attached hereto. I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this efiled document. IT IS SO STIPULATED. Dated: January 8, 2010 By: /S/ JACQUELYN K. WILSON Attorney for Evergreen School District Defendants

Dated: January 8, 2010

By:

/S/ SHANNON SMYTH-MENDOZA Attorney for City of San Jose Defendants

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Dated: January 8, 2010

By:

/S/ PETER JOHNSON

MIGUEL MÁRQUEZ Acting County Counsel Dated: January 8, 2010 By: /S/ MELISSA R. KINIYALOCTS Lead Deputy County Counsel Attorneys for County Defendants

DECLARATION OF MELISSA KINIYALOCTS IN SUPPORT OF STIPULATION AND PROPOSED ORDER TO MODIFY SCHEDULING ORDER I, Melissa Kiniyalocts, declare as follows: 1. I am employed as a Lead Deputy County Counsel for the County of Santa Clara and

am duly licensed to practice law before this Court and all California courts. I am one of the
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attorneys of record for the County of Santa Clara Defendants. 2. This request for an order to modify the scheduling order is made jointly pursuant to

stipulation. Counsel for all parties have met and conferred regarding the proposed expert discovery dates and trial date. 3. On December 4, 2009, Defendants' nine motions for summary judgment were heard.

The motions, which were filed by the County of Santa Clara, Evergreen School District, and City of San Jose Defendants, remain under submission. 4. My co-counsel, Deputy County Counsel David Rollo, is scheduled to have surgery

on February 18, 2010. He anticipates being off work following the procedure for the remainder of February and most likely the first two to three weeks in March. Thus, Mr. Rollo will not be in a position to assist with expert discovery in February and March 2010. 5. The parties agree that expert discovery and trial preparation could be substantially

impacted by the rulings on the pending motions for summary judgment. Defendants are public entities and their employees. As such, prior to incurring substantial costs and fees associated with expert discovery and trial preparation, the parties agree to postpone the expert discovery deadlines and trial date to allow additional time for rulings on the pending motions. 6. Further, I have been informed by counsel for the Evergreen School District

Defendants that these defendants are off work during the summer months. As such, the proposed August 23, 2010 trial date would accommodate their summer vacation schedules. 7. The parties have previously requested modifications to the scheduling order on

January 14, 2008, May 2, 2008, September 8, 2008, and January 15, 2009. Additionally, on June 11, 2009 the Court entered a Modified Scheduling Order after a Further Case Management Conference. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 8th day of January, 2010 at San Jose, California.

/S/ MELISSA KINIYALOCTS

S t i p u l a t i o n and Proposed Order to Modify ===== Scheduling Order; Decl. of M e lis s a Kiniyalocts

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ORDER The Court has considered the stipulation to modify the scheduling order and makes the following order pursuant to the stipulation: Expert Disclosure Disclosure of rebuttal experts Close of Expert discovery Pretrial Conference Trial May 10, 2010 June 7, 2010 July 2, 2010 August 5, 2010, 2:00 p.m. August 23, 2010, 1:00 p.m.

IT IS SO ORDERED.

2/ _ 10 Dated:____2/____________

_________________________________ HONORABLE RONALD M. WHYTE United States District Court Judge

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