Vasquez-Bernabe v. County of Santa Clara et al

Filing 53

ORDER GRANTING 52 STIPULATION TO EXTEND DEADLINES. Signed by Judge Edward J. Davila on 7/28/2017. (ejdlc2S, COURT STAFF) (Filed on 7/28/2017)

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ROBERT R. POWELL, SBN 159747
SARAH E. MARINHO, SBN 293690
POWELL & ASSOCIATES
925 West Hedding Street
San Jose, California 95126
T: [phone]
F: [phone]
E: [e-mail]

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Attorneys for Plaintiff
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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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JULIAN VASQUEZ-BERNABE,

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Plaintiff,

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vs.
COUNTY OF SANTA CLARA, et al.

Case No. 16-CV-03218-EJD (NC)

STIPULATION AND [PROPOSED] ORDER
TO EXTEND DEADLINE TO FILE
DISCOVERY MOTIONS AND EXCHANGE
EXPERT REPORTS

Defendants.

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The parties to the above-entitled action have met and conferred regarding discovery and

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jointly request that the deadline to initiate discovery disputes with the court be extended to

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August 31, 2017. The parties are hopeful that all disputes can be resolved without involvement

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of the court, and more time is needed for County to gather and review the voluminous responsive

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documents. Among many other items, it has come to the parties’ attention that there are

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thousands of pages of inmate grievance forms which have not been reviewed or produced, and it

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will require significant time and effort to review the documents to determine whether any of

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them are responsive records.

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The parties are not requesting an extension for fact discovery cutoff. Plaintiff remains
concerned that if and when documents are produced related to the current disputes, there may in
______________________________________________________________________________________

[Proposed] Order Extending Deadlines
16-CV-03218-EJD (NC)
Vasquez-Bernabe v. County of Santa Clara, et al.

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fact be a need for further discovery. Plaintiff wishes to make clear there is no intended waiver of

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the right to request discovery be reopened after review of the discovery Plaintiff believes he is

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entitled to, some of which has been requested as far back as October of 2016 but only recently

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came to light as actually existing and in the possession of the County.

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The parties further request an extension of the deadlines relating to expert discovery, so

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that outstanding responsive fact discovery can be produced by opposing counsel and provided to

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expert witness(es) prior to completing reports.

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In addition, the parties request that the deadline for filing dispositive motions and the
hearing date on such motions be extended as set forth below.

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The requested dates are as follows:

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August 31, 2017: Deadline to File Fact Discovery Motions

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September 7, 2017: Deadline to Designate Opening Experts w/ Reports

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September 27, 2017: Deadline to Designate Rebuttal Experts w/ Reports

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October 18, 2017: Expert Discovery Cutoff

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October 25, 2017: Deadline to File Expert Discovery Motion

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November 1, 2017: Deadline to File Dispositive Motions

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January 18, 2018 at 9:00 a.m.: Hearing on Dispositive Motions

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
I hereby attest that I have on file all holographic signatures corresponding to any
signatures indicated by a conformed signature /S/ within this e-filed document.

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POWELL & ASSOCIATES

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Dated: July 27, 2017

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By:

/s/
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SARAH E. MARINHO
Attorneys for Plaintiff
JULIAN VASQUEZ-BERNABE

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______________________________________________________________________________________

[Proposed] Order Extending Deadlines
16-CV-03218-EJD (NC)
Vasquez-Bernabe v. County of Santa Clara, et al.

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JAMES R. WILLIAMS
County Counsel

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Dated: July 27, 2017

By:

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/s/
MELISSA R. KINIYALOCTS
Deputy County Counsel

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Attorneys for Defendants
COUNTY OF SANTA CLARA and
SERGEANT ANDREW AGUILAR

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DAVIS & YOUNG

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Dated: July 27, 2017

By:

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/s/
STEVEN B. DIPPELL

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Attorneys for Defendant
CORRECTIONAL DEPUTY
EDDIE BARRERA

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McDOWALL COTTER, APC

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Dated: July 27, 2017

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By:

/s/
DAVID S. ROSENBAUM

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Attorneys for Defendant
CORRECTIONAL DEPUTY
EMMANUEL THOMAS

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______________________________________________________________________________________

[Proposed] Order Extending Deadlines
16-CV-03218-EJD (NC)
Vasquez-Bernabe v. County of Santa Clara, et al.

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[PROPOSED] ORDER
The deadlines and hearing date contained in the court’s Pretrial Order (Doc 46) for the
items noted below are extended as follows:

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August 31, 2017: Deadline to File Fact Discovery Motions

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September 7, 2017: Deadline to Designate Opening Experts w/ Reports

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September 27, 2017: Deadline to Designate Rebuttal Experts w/ Reports

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October 18, 2017: Expert Discovery Cutoff

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October 25, 2017: Deadline to File Expert Discovery Motion

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November 1, 2017: Deadline to File Dispositive Motions

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January 18, 2018 at 9:00 a.m.: Hearing on Dispositive Motions

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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July 28, 2017
Dated: ____________________

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_____________________________________
EDWARD J. DAVILA
United States District Judge

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______________________________________________________________________________________

[Proposed] Order Extending Deadlines
16-CV-03218-EJD (NC)
Vasquez-Bernabe v. County of Santa Clara, et al.