Masters v. County of Santa Clara et al

Filing 23

STIPULATION AND ORDER EXTENDING DATES FOR DISCOVERY CUT-OFF AND EXPERT DISCOVERY CUT-OFF re 22 Stipulation, filed by Deputy Rogers, Deputy Anderson, Deputy Eng, Santa Clara County Sheriff's Department, County of Santa Clara. Signed by Judge Patricia V. Trumbull on May 18, 2009. (pvtlc2, COURT STAFF) (Filed on 5/18/2009)

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Case 5:08-cv-02473-PVT Document 22 Filed 05/15/2009 Page 1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ANN MILLER RAVEL, County Counsel (S.B. #62139) DAVID M. ROLLO, Deputy County Counsel (S.B. #111998) OFFICE OF THE COUNTY COUNSEL 70 West Hedding, East Wing, 9th Floor San Jose, California 95110-1770 Telephone: (408) 299-5900 Facsimile: (408) 292-7240 Attorneys for Defendants COUNTY OF SANTA CLARA, SANTA CLARA COUNTY SHERIFF'S DEPARTMENT, DEPUTY ENG, DEPUTY ANDERSON AND DEPUTY ROGERS UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (SAN JOSE) NICK MASTERS, Plaintiff, v. COUNTY OF SANTA CLARA, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) No. 0802473 PVT STIPULATION AND REQUEST FOR ORDER CHANGING TIME OF FACT DISCOVERY AND EXPERT DISCOVERY; DECLARATION OF DAVID M. ROLLO (CIVIL L. R. 6-2) COME NOW THE PARTIES who have stipulated to the following request for an Order changing the deadline for Fact Discovery cut-off and Expert Discovery cut-off as follows: CURRENT CASE MANAGEMENT ORDER PROPOSED NEW DATE/ORDER July 17, 2009 August 24, 2009 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 Fact Discovery Cutoff. . . . . . . . May 15, 2009 Expert Discovery Cutoff. . . . . . July 24, 2009 // // S t ip u la tio n and Request for Order Changing Time of Fact and Expert Discovery; Dec. of David Rollo -1 - 0 8 0 2 4 7 3 PVT Case 5:08-cv-02473-PVT Document 22 Filed 05/15/2009 Page 2 of 4 1 2 3 4 5 6 7 8 9 This Stipulation and proposed Order is accompanied by the Declaration of David M. Rollo attached hereto. IT IS SO STIPULATED. Dated: By: /S/ B. ROBERT ALLARD, Esq. Attorney for Plaintiff 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: May 14, 2009 Respectfully submitted, ANN MILLER RAVEL County Counsel By: /S/ DAVID M. ROLLO Deputy County Counsel Attorneys for Defendants 10 11 12 13 14 15 16 17 dates set forth in its Case Management Order. The Court makes the following Order pursuant to 18 19 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 ORDER The Court has considered the Stipulation to extend the fact and expert discovery cutoff the Stipulation. The Case Management Order is modified as follows: Fact Discovery Cutoff is now July 17, 2009. Expert Discovery Cutoff is now August 24, 2009. PURSUANT TO STIPULATION, IT IS SO ORDERED. May 18, 2009 Date: _____________________ _____________________________________ MAGISTRATE PATRICIA V. TRUMBULL United State District Court Judge S t ip u la tio n and Request for Order Changing Time of Fact and Expert Discovery; Dec. of David Rollo -2 - 0 8 0 2 4 7 3 PVT Case 5:08-cv-02473-PVT Document 22 Filed 05/15/2009 Page 3 of 4 1 2 3 4 DECLARATION OF DAVID M. ROLLO IN SUPPORT OF STIPULATION AND REQUEST 1. I, David M. Rollo, state that I am a Deputy County Counsel duly licensed to practice law before this Court and all California courts, and am the attorney of record for the defendants herein. 5 6 7 8 9 10 11 12 was hospitalized for a day for an acute episode of atrial fibrillation and have taken multiple sick 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 request to extend the time for the ENE to be heard. The parties do not expect the trial date of 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 2. This request for an order extending the fact and expert discovery cutoff dates is jointly made by both sides in order to allow for the completion of necessary discovery and to accommodate the schedules of counsel. 3. I had been set for a two week jury trial in the Colorado District Court set to commence on April 6, 2009. I was tied up preparing for that matter for the first few months of 2009. That case was partially decided by motion and an interlocutory appeal was filed. On April 1, 2009, I days since that time for follow-up medical care and evaluation. I have not been as available as I would have liked and have had to postpone and reschedule various matters. 4. My schedule for May-July, 2009 includes a prepaid out-of-state vacation from June 15- June 24, and an inpatient surgical procedure July 8-July 10. I also have multiple depositions in two other federal court matters either set or being set during this period. Accordingly, I believe the requested extensions will accommodate these calendaring issues. 5. The parties recently completed the ENE process which both sides found helpful. Plaintiff's medical condition was recently updated and counsel are cooperating in securing medical records and other documentation to comply with their Rule 26 disclosure obligations. The parties anticipate the need for several more depositions, including third party witnesses, and will need the additional time for scheduling purposes. 6. This is the first request to modify the discovery cutoff dates. There was a previous S t ip u la tio n and Request for Order Changing Time of Fact and Expert Discovery; Dec. of David Rollo -3 - 0 8 0 2 4 7 3 PVT Case 5:08-cv-02473-PVT Document 22 Filed 05/15/2009 Page 4 of 4 1 2 3 4 December 7, 2009 or the last date for dispositive motions of September 22, 2009 to be impacted by the time extensions. I declare under penalty of perjury that the foregoing is true and correct and that this Declaration was executed on May 14, 2009, in the City of San Jose, State of California. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 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 /S/ DAVID M. ROLLO 184023.wpd S t ip u la tio n and Request for Order Changing Time of Fact and Expert Discovery; Dec. of David Rollo -4 - 0 8 0 2 4 7 3 PVT

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