Ross v. Santa Clara County Sheriff's Department (SCCSD) et al

Filing 29

ORDER as Modified by the Court Granting 27 Stipulation for Extension of Case Management Deadlines. (Correction of PDF re 28 Order on Stipulation). Signed by Judge Edward J. Davila on 1/2/2015. (ecg, COURT STAFF) (Filed on 1/5/2015)

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B J FADEM SBN 118819
B J FADEM AND ASSOCIATES
111 North Market Street, #910
San Jose, CA 95113
Phone: [phone]
Fax:
408.971.9940
Email: [e-mail]

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Attorneys for ALLISON ROSS

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COSTANZO LAW FIRM
111 N. MARKET S TREET #910
SAN JOSE , CA 95113

LORI J COSTANZO
SBN 142633
GABRIELLE J KORTE SBN 209312
COSTANZO LAW FIRM
111 North Market Street, #910
San Jose, CA 95113
Phone: [phone]
Fax:
408.993.8496
Email:
[e-mail]

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UNITED STATES DISTRICT COURT, N.D. CALIFORNIA,
SAN JOSE DIVISION

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ALLISON ROSS,
Plaintiff,
vs.
SANTA CLARA COUNTY SHERIFF’S
DEPARTMENT; SHERIFF LAURIE SMITH;
DEPUTY CARY COLLA; DEPUTY PAULO
CONTRERAS; DEPUTY JEFF A. JORDAHL;
DEPUTY RICHARD ROWE; DEPUTY R.
LOPEZ; DEPUTY C. SIMS; SERGEANT
BENNER; SERGEANT ROWBERRY;
DEPUTY OBERDORTER; DEPUTY
RUMLEY; DEPUTY McROBERTS; DEPUTY
PALONOV; COUNTY OF SANTA CLARA;
and DOES 1 through 20, INCLUSIVE,

Case No.: 14-CV-01770-HRL
EJD

STIPULATION AND REQUEST
FOR ORDER CHANGING TIME;
[PROPOSED] ORDER;
DECLARATION OF LORI
COSTANZO IN SUPPORT

Defendants

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Stipulation and Request for Order Changing Time; [Proposed Order]

Plaintiff and Defendants, by and through their respective counsels, stipulate and request

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that the court change the times in the Court’s Case Management Order (Docket No. 20) filed on

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August 8, 2014, as described below. The parties have not requested a modification of the original

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Case Management Order before.

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Pursuant to Local Rule 6-2, this request is accompanied by the declaration of attorney Lori

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Costanzo, counsel for Plaintiff. As set forth more specifically in the declaration, in light of the

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Plaintiff just having filed her Second Amended Complaint on December 26, 2014, Defendants not

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COSTANZO LAW FIRM
111 N. MARKET S TREET #910
SAN JOSE , CA 95113

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yet having filed an Answer or other responsive pleading, Plaintiff’s deposition set for January 5,

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2015, as well as the need for Plaintiff to file a motion to obtain personnel files of each officer

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before taking each officer’s deposition, the parties wish to have more time to complete discovery.
Accordingly, Plaintiff – in agreement with Defendants – is requesting a six month

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continuance of the respective case management dates as follows:

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Current Date

Proposed Date

Fact Discovery Cut-Off

February 6, 2015

August 6, 2015

Designation of Opening
Experts w/Reports

March 6, 2015

September 4, 2015

Designation of Rebuttal
Experts w/Reports

March 20, 2015

September 21, 2015

Expert Discovery Cutoff

March 27, 2015

September 28, 2015

Deadline(s) for Filing Discovery Motions

See Civil Local Rule 37-3

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Last Day for Dispositive Motion Hearing

April 3, 2015

October 5, 2015

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Preliminary Pretrial Conference

January 16, 2015

Court’s convenience

Joint Preliminary PreTrial Conference Stmt

January 6, 2015

July 6, 2015

Trial

Not yet set

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Stipulation and Request for Order Changing Time; [Proposed Order]

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IT IS SO STIPULATED.
Dated: December 30, 2014

Respectfully submitted,
By:

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/s/
LORI COSTANZO

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Attorneys for Plaintiff
ALLISON ROSS

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I hereby attest that I have on file the holograph signature for the signature indicated by a
“conformed” signature (/s/) within the e-filed document.
Dated: December 30, 2014

Respectfully submitted,

COSTANZO LAW FIRM
111 N. MARKET S TREET #910
SAN JOSE , CA 95113

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ORRY P. KORB
County Counsel

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By:

/s/
ARYN PAIGE HARRIS
Deputy County Counsel
Attorneys for Defendants
SANTA CLARA COUNTY SHERIFF’S
DEPARTMENT, ET AL.

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Stipulation and Request for Order Changing Time; [Proposed Order]

ORDER

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The Court has considered the Stipulation and request by the parties to change the time of
the set forth in the court’s Case Management Order (Docket No. 20). The Court having
determined that the request is properly supported, hereby makes the following Order:

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The Case Management Order is modified to reflect the following:

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COSTANZO LAW FIRM
111 N. MARKET S TREET #910
SAN JOSE , CA 95113

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Fact Discovery Cut-Off

August 6, 2015

Designation of Opening Experts with Reports

September 4, 2015

Designation of Rebuttal Experts with Reports

September 21, 2015

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Expert Discovery Cutoff

September 28, 2015

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Deadline(s) for Filing Discovery Motions

See Civil Local Rules

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Hearing on Anticipated Dispositive
Last Day for Dispositive Motion Hearing
Motions

9:00 a.m. on
October 5, 2015
October 1, 2015
11:00 a.m. on July
_________________
16, 2015
July 6, 2015

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Trial SettingPretrial Conference
Preliminary Conference
Joint Preliminary PreTrial Conference Statement
Joint Trial Setting Conference Statement
(see Section (C)(2) of Standing Order for
Civil Case)

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: January 2, 2015

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By:
EDWARD J. DAVILA
U.S. District Court Judge

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Stipulation and Request for Order Changing Time; [Proposed Order]

DECLARATION OF LORI COSTANZO

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I, Lori Costanzo, declare:
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I am an attorney with the Costanzo Law Firm, attorneys of record for Plaintiff

herein. I am licensed to practice law before the courts of the State of California and I am admitted

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COSTANZO LAW FIRM
111 N. MARKET S TREET #910
SAN JOSE , CA 95113

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to practice in the United States District Court for the Northern District of California.
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I know the facts herein stated of my own personal knowledge and if called upon to

do so, I could competently testify to them under oath.
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Plaintiff’s Second amended Complaint was recently filed on December 26, 2014.

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Defendants have not yet filed an Answer or other responsive pleading to Plaintiff’s

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Second Amended Complaint.

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5.

Plaintiff’s deposition is scheduled to be taken on January 5, 2015.

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6.

Plaintiff needs to obtain copies of each individual defendant’s personnel file before

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taking their depositions, and will likely have to file a motion to do so.

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I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. Executed on December 30, 2014, at San Jose, California.

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Dated: December 30, 2014

COSTANZO LAW FIRM and the
LAW OFFICES OF B J FADEM &
ASSOCIATES

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By: /s/____________________________

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Lori J. Costanzo
Attorneys for Plaintiff, ROSS

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Stipulation and Request for Order Changing Time; [Proposed Order]