Rodriguez v. The County of Santa Clara et al

Filing 26

STIPULATION AND ORDER re 25 to Continue Case Management Deadline. Signed by Judge Jeremy Fogel on 4/3/09. (dlm, COURT STAFF) (Filed on 4/7/2009)

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A N N M IL L E R R A V E L C o u n ty C o u n s e l C o u n ty o f S a n ta C la r a S a n Jo s e , C a l i fo r n i a

ANN MILLER RAVEL, County Counsel (S.B. #62139) ARYN PAIGE HARRIS, Deputy County Counsel (S.B. #208590) 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, SANTA CLARA COUNTY OFFICE OF THE DISTRICT ATTORNEY, SANTA CLARA COUNTY CRIME LABORATORY, MARK MORIYAMA, JOHN LUFT

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (SAN JOSE)

JEFFREY RODRIGUEZ, Plaintiff, v. COUNTY OF SANTA CLARA, et al., Defendant(s).

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No.

C08-01377

----------------STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT DEADLINE

Plaintiff Jeffrey Rodriguez and Defendants County of Santa Clara, John Luft, and Mark Moriyama, by and through their counsel of record, hereby stipulate for purposes of this request to continue case management deadline and respectfully request an Order as follows: 1. This case was filed on March 11, 2008. Plaintiff was incarcerated for a robbery and later released from prison and declared factually innocent by the District Attorney's Office. This lawsuit against the crime lab analyst and the prosecutor has followed. 2. This Court issued a case management conference order on August 20, 2008, setting the following deadlines: (1) close of fact discovery on April 24, 2009; (2) last day to disclose expert witnesses on May 22, 2009; (3) close of expert discovery on June 19, 2009; and (4) last day to file dispositive motions on July 31, 2009.

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A N N M IL L E R R A V E L C o u n ty C o u n s e l C o u n ty o f S a n ta C la r a S a n Jo s e , C a l i fo r n i a

3. Mr. Rodriguez obtained a factual finding of innocence and pursuant to that finding, the Superior Court of California ordered destruction of all records pertaining to his criminal prosecutions and incarceration (e.g. Department of Correction Records, San Jose Police Department, etc.). Defendants issued subpoenas to these entities who refused to produce, or even acknowledge, that they had responsive records in light of the court order. Many of these documents are discoverable and necessary to Defendants' defense of this case. Thus, Defendants with cooperation of Plaintiff's counsel, are attempting to modify the state court order so that documents not yet destroyed can be retrieved. Defendants are not in a position to conduct depositions until they have the available documents. 4. This case is also complicated. It involves three underlying criminal trials and multiple parties. Plaintiff spent several years in prison, which may or may not be relevant to his damages claims. 5. Defendants will likely file motions for summary judgment after having adequate time to develop the facts. Counsel for both sides have nevertheless discussed their willingness to participate in settlement conference with a magistrate judge. 6. For the reasons stated above and because of the complexity of this case, the parties are requesting and stipulate to 10 month continuance of the above deadlines as follows: a. CLOSE OF FACT DISCOVERY b. LAST DAY TO DISCLOSE EXPERT WITNESSES // // // // // // // // February 12, 2010 March 19, 2010

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c. CLOSE OF EXPERT DISCOVERY d. LAST DAY TO FILE DISPOSITIVE MOTIONS IT IS SO STIPULATED.

April 23, 2010 May 28, 2010

I hereby attest that I have on file the holograph signature for the signature indicated by a "conformed" signature (/S/) within this e-filed document.

Dated: March 27, 2009

By:

/S/ ARYN PAIGE HARRIS Deputy County Counsel Attorneys for Defendants COUNTY OF SANTA CLARA, SANTA CLARA COUNTY OFFICE OF THE DISTRICT ATTORNEY, SANTA CLARA COUNTY CRIME LABORATORY, MARK MORIYAMA, JOHN LUFT

Dated: March 27, 2009 16 17 18 19 IT IS SO ORDERED. 20 21 22 23 24 25 26 27 28
A N N M IL L E R R A V E L C o u n ty C o u n s e l C o u n ty o f S a n ta C la r a S a n Jo s e , C a l i fo r n i a

By:

/S/ JAIME LEANOS Attorneys for Plaintiff JEFFREY RODRIQUEZ

4/3/09 Dated: _______________

________________________________ HONORABLE JEREMY FOGEL United States District Court Judge

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