Reyes et al v. Horel et al

Filing 111

STIPULATION AND ORDER 110 Continuing: 1. Non-Expert Discovery Cutoff-Off; and 2. Related Deadlines: Jury Selection set for 4/4/2012 01:30 PM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Motion Hearing set for 1/27/2012 09:00 AM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Pretrial Conference set for 3/29/2012 02:00 PM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Signed by Judge Ronald M. Whyte on 10/12/11. (jg, COURT STAFF) (Filed on 10/12/2011) Modified on 10/12/2011 (jg, COURT STAFF).

1 BRUCE L. SIMON (Bar No. 96241)
[e-mail]
2 WILLIAM J. NEWSOM (Bar No. 267643)
[e-mail]
3 PEARSON, SIMON, WARSHAW & PENNY, LLP
44 Montgomery Street, Suite 2450
4 San Francisco, California 94104
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for Plaintiff
REUBEN JOSEPH REYES
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KAMALA D. HARRIS
8 Attorney General of California
JAY C. RUSSELL
9 Supervising Deputy Attorney General
MICHAEL J. QUINN
10 Deputy Attorney General
State Bar No. 209542
455 Golden Gate Avenue, Suite 11000
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San Francisco, CA 94102-7004
Telephone: [phone]
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Fax: [phone]
E-mail: [e-mail]
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*E-FILED - 10/12/11*

14 Attorneys for Defendants
FISCHER, HARRISON, HOREL, TERRY, CHADWICK, and BERKLER
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

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19 REUBEN JOSEPH REYES,
Plaintiff,

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vs.

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22 ROBERT A. HOREL, et al.,
Defendants.

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CASE NO. C 08-4561 RMW (PR)
STIPULATION AND []
ORDER CONTINUING:
1. NON-EXPERT DISCOVERY CUT-OFF;
AND
2. RELATED DEADLINES
[Civil Local Rules 6-2 and 7-12]
Honorable Ronald M. Whyte

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827437.2

STIPULATION AND [] ORDER CONTINUING DISCOVERY CUT-OFF

C 08-4561 RMW (PR)

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1.

The following stipulation requests that the Non-Expert Discovery Cut-Off,

2 set for May 30, 2011, and previously requested to be extended by one month to June 30, 2011, and
3 two months to August 30, 2011, now be extended to October 31, 2011, and that all related
4 deadlines be continued accordingly.
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STIPULATION
Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff Reuben Reyes and Defendants

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Horel, Terry, Chadwick, Harrison, Fischer, and Berkler, by and through their respective counsel,

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stipulate and request as follows:

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1.

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WHEREAS, on March 3, 2011 the Court issued a Case Management

Scheduling Order (Docket No. 102), setting the Non-Expert Discovery Cut-Off for May 30, 2011;

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2.

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WHEREAS, the parties have diligently pursued discovery matters, but have

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been delayed by availability and scheduling problems between the parties, the attorneys, and the

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state prison;

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3.

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WHEREAS, the parties have had delays in document discovery because of

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the confidential nature of certain documents and the need for protective orders and signatures

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releasing certain information;

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4.

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WHEREAS, with respect to Civil L.R. 6-2(a)(1), the parties have conferred

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regarding particular reasons an extension of the deadline is mutually-agreeable, including: a) the

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parties have noticed depositions, but have been unable to find a mutually agreeable date prior to

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the discovery cut-off; and b) the parties have arranged for mutually agreeable dates and locations

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for depositions in the months of September and October.

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5.

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827437.2

WHEREAS, with respect to Civil L.R. 6-2(a)(2), the previous time
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C 08-4561 RMW (PR)

STIPULATION AND [PROPOSED] ORDER CONTINUING DISCOVERY CUT-OFF

Case5:08-cv-04561-RMW Document110

Filed09/14/11 Page3 of 6

1 modifications in this action include: a) Defendants’ motion to change time for filing a dispositive
2 motion, which was granted by this Court on April 15, 2009 (Docket No. 21); b) a second motion
3 to change time filed by Defendants in order to enable Defendant Chadwick to join Defendants
4 Horel, Berkler, Harrison, and Fischer’s Motion for Summary Judgment, granted by this Court on
5 August 25, 2009 (Docket No. 65).); c) a Stipulation and [Proposed] Order Continuing: 1. Non6 Expert Discovery Cut-Off; and 2. Related Deadlines (Docket No. 104), filed May 27, 2011; d) a
7 Stipulation and [Proposed] Order Continuing: 1. Non-Expert Discovery Cut-Off; and 2. Related
8 Deadlines (Docket No. 105), filed June 30, 2011; and
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6.

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WHEREAS, with respect to Civil L.R. 6-2(a)(3), a one-month continuance

11 of the Non-Expert Discovery Cut-Off and related deadlines will likely delay the case and trial
12 accordingly, but due to the circumstances cannot reasonably be avoided;
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NOW, THEREFORE, IT IS HEREBY STIPULATED AND REQUESTED that the

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15 Court continue the Non-Expert Discovery Cut-Off to October 31, 2011 and continue all related
16 deadlines as follows:
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December 12, 2011

Last day to complete expert discovery.

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January 9, 2012

Last day to meet and confer about clarifying and
narrowing issues for trial, potential stipulations of fact,
anticipated motions in limine, objections to evidence,
jury instructions and possible settlement.

January 27, 2012

Last Day for hearing on dispositive motions.

February 10, 2012

Last day to file joint pretrial statement; last day to file
trial briefs, findings of fact, witness lists, designations of
discovery excerpts, jury instructions, voir dire and
verdict forms, and exhibits.

February 24, 2012

Last day to file motions in limine and objections to

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827437.2

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STIPULATION AND [] ORDER CONTINUING DISCOVERY CUT-OFF

C 08-4561 RMW (PR)

evidence.

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March 7, 2012

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Last day to file oppositions to motions in limine and
objections to evidence.

March 16, 2012

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Last day to file replies to motions in limine and
objections to evidence.

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March

, 2012

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April , 2012

retrial conference and hearing on motions in limine.
Trial

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E-FILING ATTESTATION

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By his signature below, and pursuant to General Order 45, counsel for Defendants

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12 attests that counsel for all parties whose electronic signatures appear below have concurred in the
13 filing of this Stipulation.
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15 Dated: September 13, 2011

By:

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/s/ William J. Newsom
PEARSON, SIMON, WARSHAW & PENNY, LLP
Attorneys for Plaintiff REUBEN JOSEPH REYES

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18 Dated: September 13, 2011
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By:

/s/ Michael J. Quinn
Attorneys for Defendants FISCHER, HARRISON,
HOREL, TERRY, CHADWICK, and BERKLER

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827437.2

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STIPULATION AND [] ORDER CONTINUING DISCOVERY CUT-OFF

C 08-4561 RMW (PR)

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated:

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10/12/11
The Honorable Ronald M. Whyte
United States District Court Judge

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827437.2

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STIPULATION AND [] ORDER CONTINUING DISCOVERY CUT-OFF

C 08-4561 RMW (PR)