Medina v. Dr. Claire Williams, MD et al

Filing 161

STIPULATION AND ORDER 160 to Extend Case Management Deadlines: Jury Trial set for 12/28/2015 01:30 PM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Motion Hearing set for 11/18/2015 09:00 AM in Courtroom 6, 4th Floor, San Jo se before Hon. Ronald M. Whyte. Pretrial Conference set for 12/15/2015 02:00 PM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Discovery cutoff 6/1/2015. Signed by Judge Ronald M. Whyte on 3/25/15. (jgS, COURT STAFF) (Filed on 3/25/2015)

1
2
3
4
5
6

LATHAM & WATKINS LLP
Robert E. Sims (Bar No. 116680)
Christina E. Namikas (Bar No. 288521)
505 Montgomery Street, Suite 2000
San Francisco, California 94111-6538
Telephone: [phone]
Facsimile: +1.415.395.8095
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiff
FRANCISCO J. MEDINA

7
8
9
10
11
12
13
14

KAMALA D. HARRIS
Attorney General of California
DANIELLE F. O’BANNON
Supervising Deputy Attorney General
SARA D. VAN LOH
Deputy Attorney General
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Defendants
C. WILLIAMS

15
16

UNITED STATES DISTRICT COURT

17

NORTHERN DISTRICT OF CALIFORNIA

18

SAN JOSE DIVISION

19

FRANCISCO J. MEDINA,

20

Plaintiff,

STIPULATION AND ] ORDER
TO EXTEND CASE MANAGEMENT
DEADLINES

DR. CLAIRE WILLIAMS,

Trial Date: June 29, 2015
Judge:
Honorable Ronald M. Whyte

21
22
23

v.

CASE NO. C 10-03610 RMW

Defendants.

24
25
26
27
28
ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATION AND [] ORDER TO
EXTEND CASE MANAGEMENT DEADLINES
CASE NO. C 10-03610 RMW

1
2
3

WHEREAS, the parties were engaged in mediation with Magistrate Judge Vadas since
June 14, 2013;
WHEREAS, a dispute arose between the parties following a settlement agreement

4

entered into in February 2014, which the parties have resolved through further informal

5

negotiation and mediation before Magistrate Judge Vadas;

6
7
8
9
10

WHEREAS, the parties informally agreed to suspend fact discovery during the period of
active negotiation so as to avoid the unnecessary expenditure of time and cost;
WHEREAS, the parties entered into a settlement agreement in November 2014, which
was transmitted by counsel for Defendant on December 3, 2014 to the California Department of
Corrections and Rehabilitation (“CDCR”);

11

WHEREAS, CDCR processes settlement payments within 180 days;

12

WHEREAS, the parties believe that extending the existing case management deadlines

13

by 180 days from December 3, 2014 is reasonable and necessary to permit the processing of the

14

settlement payment by CDCR to Plaintiff Francisco J. Medina;

15

WHEREAS, the parties agree that this stipulation is designed to allow the parties

16

additional time for the processing of the settlement payment while reserving their rights with

17

respect to the underlying action.

18

THEREFORE, IT IS HEREBY STIPULATED by and between the parties through

19

their respective attorneys of record that good cause exists to set the following dates, subject to

20

the Court’s availability:

21

•

Fact Discovery Cut-Off: June 1, 2015;

22

•

Expert Witness Disclosure and Reports: July 7, 2015;

23

•

Rebuttal Expert Reports: August 10, 2015;

24

•

Expert Discovery Cut-Off: September 12, 2015;

25

•

Dispositive Motions Due: October 14, 2015;

26

•

Dispositive Motion Hearing Cut-Off: November 18, 2015;

27

•

Pretrial Conference: December 15, 2015;

28

•

Trial Date: December 28, 2015.

ATTORNEYS AT LAW
SAN FRANCISCO

2

STIPULATION AND [] ORDER TO
EXTEND CASE MANAGEMENT DEADLINES
CASE NO. C 10-03610 RMW

1

Good cause exists for the modification to the schedule because the current discovery

2

cutoff is too near in time to permit adequate time for the parties' informal negotiation toward a

3

resolution of this case.

4

It

is so stipulated.

5

6
7 Dated: February J.L_, 2015

Respectfully submitted,

8

LATHAM & WATKINS LLP

9
10
11
Chris·
Attorne for Plaintiff
FRANCISCO J. MEDINA

12
13

14
15
16

Dated: February J:Q_, 2015

Respectfully submitted,

KAMALA D. HARRIS
Attorney General of California

17
18
19
20

Sara D. Van Loh
Attorneys for Defendants
C. WILLIAMS

21
22
23

24
25
26
27
·28
LATHAM&WATKINS•11
ATTORNEYS AT LAW
SA.N FRANCISCO

3

STIPULATION AND [XTEND CASE MANAGEMENT DEA
CASE NO. C 10-03610 RMW

1
2
3

[] ORDER
Pursuant to stipulation, and good cause existing therefore, it is ordered that the following
dates are effective:

4

•

Fact Discovery Cut-Off: June 1, 2015;

5

•

Expert Witness Disclosure and Reports: July 7, 2015;

6

•

Rebuttal Expert Reports: August 10, 2015;

7

•

Expert Discovery Cut-Off: September 12, 2015;

8

•

Dispositive Motions Due: October 14, 2015;

9

•

Dispositive Motion Hearing Cut-Off: November 18, 2015;

10

•

Pretrial Conference: December 15, 2015;

11

•

Trial Date: December 28, 2015.

12

IT IS SO ORDERED.

13
14
15

Dated: _________________________

____________________________________
Hon. Ronald M. Whyte

16
17
18
19
20
21
22
23
24
25
26
27
28
ATTORNEYS AT LAW
SAN FRANCISCO

4

STIPULATION AND] ORDER TO
EXTEND CASE MANAGEMENT DEADLINES
CASE NO. C 10-03610 RMW