Hosea v. Wynne

Filing 132

ORDER AS MODIFIED BY THE COURT RE 130 STIPULATION WITH PROPOSED ORDER CONTINUING TRIAL AND PRETRIAL DATES AND DEADLINES filed by Michael B Donley. Expert Discovery due by 12/20/2012. The request to continue the Pretrial Conference and tr ial dates is DENIED. Those dates remain as scheduled. Pursuant to Civil Local Rule 7-1(b), the court finds Defendant's motion for summary judgment (Docket Item No. 111) suitable for decision without oral argument. Accordingly, the motion hearing scheduled for January 18, 2013, is VACATED and the motion submitted for decision. The court will issue a written order based on the pleadings. Signed by Judge Edward J. Davila on 11/15/2012. (ecg, COURT STAFF) (Filed on 11/15/2012)

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MELINDA HAAG (CSBN 132612)
United States Attorney
ALEX G. TSE (CSBN 152348)
Chief, Civil Division
CLAIRE T. CORMIER (CSBN 154364)
Assistant United States Attorney

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150 Almaden Boulevard, Suite 900
San Jose, California 95113
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Federal Defendant
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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NATHANIEL HOSEA,

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Plaintiff,

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v.

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MICHAEL B. DONLEY, Secretary of the
Department of the Air Force,

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Defendant

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No. C 11-02892 EJD
STIPULATION AND [PROPOSED]
ORDER CONTINUING TRIAL AND
PRETRIAL DATES AND DEADLINES
AS MODIFIED BY THE COURT

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The parties to this action hereby stipulate and request as follows:

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On July 11, 2012, the Court issued a Pretrial Order, setting various dates and deadlines,

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including an amended expert discovery cutoff of November 15, 2012, a final pretrial conference

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on January 18, 2013, and a trial commencing on February 4, 2013. The Court advised that this

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was the “final case schedule” and that “Both Plaintiff and Defendant are expected to comply as

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directed above. This schedule will not be amended further absent the presentation of good cause

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necessitating such an amendment.” The parties hereby seek extensions to these Court-ordered

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dates.

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STIPULATION CONTINUING TRIAL AND PRETRIAL DATES; [PROPOSED] ORDER
Case No. C11-02892 EJD

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Prior to the deadline of October 15, 2012, Plaintiff served a document indicating that he

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was designating his treating psychiatrist, Catherine Reed, M.D., as an expert witness in this

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case. After conferring with Dr. Reed’s office on October 15, 2012, defendant’s counsel began

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conferring with Mr. Hosea regarding obtaining a signed authorization allowing Dr. Reed to

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provide documents and testimony regarding Mr. Hosea’s psychiatric care. Dr. Reed’s office

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had indicated that either a signed authorization or a court order would be required before the

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deposition could be scheduled. After conferring with Mr. Hosea from October 16 through

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October 26, 2012, about the authorization form and a possible protective order, Mr. Hosea

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advised that a motion to compel would be necessary.

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Defendant filed a motion to compel on November 7, 2012. After receiving the motion,

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Mr. Hosea reconsidered and agreed to sign the authorization and stipulated protective order. He

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emailed signed versions of those documents to defendant’s counsel on the afternoon of Friday,

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November 9, 2012.

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On the next business day, November 13, 2012, defendant’s counsel contacted Dr.

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Reed’s office to attempt to schedule the deposition and to prepare the paperwork to allow for

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payment for Dr. Reed’s deposition time. Defendant’s counsel also contacted Plaintiff and

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asked if he would stipulate to extend the expert discovery deadline to December 20, 2012.

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After discussion, he agreed. The parties therefore STIPULATE AND REQUEST that the

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expert discovery deadline be extended to December 20, 2012.

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Defendant’s counsel also noted that, as currently scheduled, defendant’s summary

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judgment motion will be heard on the same date as the final pretrial conference. In order to

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allow for the parties to have the benefit of the Court’s decision on summary judgment before

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preparation of pretrial papers, the parties hereby STIPULATE AND REQUEST that the dates

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for the pretrial conference and the trial, currently scheduled for January 18, 2013 and February

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4, 2013, respectively, be continued approximately four weeks or to another date convenient to

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the Court.

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STIPULATION CONTINUING TRIAL AND PRETRIAL DATES; [PROPOSED] ORDER
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Case No. C11-02892 EJD

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IT IS SO STIPULATED.
Respectfully submitted,

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/s/ Nathaniel Hosea

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DATED: November 13, 2012
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NATHANIEL HOSEA1
Plaintiff

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DATED: November 13, 2012

MELINDA HAAG
United States Attorney

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/s/ Claire T. Cormier
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CLAIRE T. CORMIER
Assistant United States Attorney

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[PROPOSED] ORDER
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Pursuant to stipulation and good cause appearing, IT IS HEREBY ORDERED that
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deadline for expert discovery in this case is continued to December 20, 2012.
The request to continue the Pretrial Conference and trial dates is DENIED. Those
The final pretrial conference, previously scheduled for January the court hereby
dates remain as scheduled. Pursuant to Civil Local Rule 7-1(b),18, 2013, isfinds
Defendant's motion for summary judgment The trial, previously scheduled to commence
continued to ______________________, 2013. (Docket Item No. 111) suitable for decision
without oral argument. Accordingly, the motion hearing scheduled for January 18,
with jury selection on and the motion submittedcontinued to _________________________,
2013, is VACATED February 4, 2013, is hereby for decision. The court will issue a
written
2013. order based on the pleadings.

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IT IS SO ORDERED.
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DATED: November 15 2012
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_______________________________________
Edward J. Davila
United States District Judge

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I, Claire T. Cormier, hereby attest that Mr. Hosea has authorized me to electronically
sign this document on his behalf.
STIPULATION CONTINUING TRIAL AND PRETRIAL DATES; [PROPOSED] ORDER
-3Case No. C11-02892 EJD