McCarthy et al v. Barrett et al

Filing 38

STIPULATION AND ORDER EXTENDING PRETRIAL AND TRIAL DEADLINES: Jury Trial is set for 11/8/2011 at 09:00 AM in B Courtroom before Judge Ronald B. Leighton. Discovery completed by 11/15/2010, Dispositive motions due by 2/15/2011, 39.1 Settlement Report due by 6/30/2010, Motions in Limine due by 10/5/2011, Pretrial Order due by 10/24/2011, Pretrial Conference set for 10/28/2011 at 08:30 AM in B Courtroom before Judge Ronald B. Leighton. Settlement conference to be held by 5/13/2011, Trial briefs to be submitted by 10/24/2011, Proposed voir dire/jury instructions due by 10/24/2011. s/Jean Boring as directed by Judge Ronald B. Leighton. (JAB)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 v. JAMES BARRETT, et al. Defendants.

THE HONORABLE RONALD B. LEIGHTON

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON THOMAS McCARTHY, et al., Plaintiffs, ) ) ) ) ) ) ) ) ) ) NO. C09 5120

STIPULATION AND PROPOSED ORDER FOR EXTENSION OF PRETRIAL AND TRIAL DEADLINES

In order to permit Plaintiffs sufficient time to review documents relating to surveillance of Plaintiffs and their activities during times relevant to the claims in this lawsuit, which were first disclosed by Defendants on Wednesday, September 22, 2010, and to allow sufficient time for Plaintiffs to take discovery into the scope and nature of the surveillance conducted by Defendants and their officers, employees or agents, including the continued deposition of Detective Chris Adamson, who served as the Supervisor for the Tacoma/Pierce County Regional Intelligence Group during the period of time relevant to the claims in this lawsuit and who will be unavailable between September 20 and October 10, and the depositions of undercover officers who conducted surveillance or monitoring of Plaintiffs' activities, including Manuela Loth and others yet to be identified, and to give Plaintiffs' potential experts the ability to review that discovery, the parties, through their undersigned counsel of record, respectfully submit this
Stipulation and Proposed Order for Extension of Pretrial and Trial Deadlines - 1
CO9 5120-RBL AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION
901 Fifth Avenue, Suite 630 Seattle, Washington 98164 [phone]

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stipulation and proposed order seeking the following modification of dates in the Minute Order Setting Trial, Pretrial Dates and Ordering Mediation, with all other pretrial deadlines to remain the same: 1) Disclosure of expert opinions for all topics other than the surveillance of Plaintiffs

and their activities conducted by Defendants and their officers, employees or agents remains as currently required under the case schedule - disclosure of primary expert opinions on October 1st, rebuttal experts 30 days later; 2) Completion of all fact discovery by November 15, 2010, as currently required under

the case schedule; 3) Depositions of experts on all topics other than the surveillance of Plaintiffs and their

activities conducted by Defendants and their officers, employees or agents by November 15, 2010, as currently required under the case schedule; 4) Disclosure of any expert opinions relating to the surveillance of Plaintiffs and their

activities conducted by Defendants and their officers, employees or agents by November 30, 2010; 5) Disclosure of rebuttal expert opinions relating to the surveillance of Plaintiffs and

their activities conducted by Defendants and their officers, employees or agents, if any, by December 30, 2010; 6) Depositions of any experts rendering opinions on the surveillance of Plaintiffs and

their activities conducted by Defendants and their officers, employees or agents in January 2011; 7) Continuance of the deadline for filing dispositive motions to February 15, 2011; and

Stipulation and Proposed Order for Extension Pretrial and Trial Deadlines - 2
CO9 5120-RBL

AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION
901 Fifth Avenue, Suite 630 Seattle, Washington 98164 [phone]

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

8) Continuance of the trial date to a date convenient for the Court and consistent with the deadline for the filing of dispositive motions. Counsel note unavailability due to trial schedules and personal commitments on the following dates: Nathan Alexander, counsel for Plaintiffs, will be unavailable April 11, 2010 through May 11, 2010 and Scott Johnson, counsel for Plaintiffs, will be unavailable April 5, 2010 through April 9, 2011 and June 9 through June 14, 2011. Jean Homan, Counsel for Defendants, will be unavailable on March 24, 2011 through April 6, 2011; April 18, 2011 through April 29, 2011 and from the end of July to beginning of August.

DATED this 1st

day of October, 2010,

By:

/s/ M. Rose Spidell M. Rose Spidell, WSBA #36038 ACLU of Washington Foundation Attorney for Plaintiffs __/s/ Jean P. Homan_______________ Jean P. Homan, WSBA #27084 Tacoma City Attorney's Office 747 Market Street, Suite 1120 Tacoma, WA 98402 Telephone: [phone] Facsimile: [phone] Attorney for Defendant City of Tacoma

Stipulation and Proposed Order for Extension Pretrial and Trial Deadlines - 3
CO9 5120-RBL

AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION
901 Fifth Avenue, Suite 630 Seattle, Washington 98164 [phone]

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Based on the foregoing stipulation, the Minute Order Setting Trial, Pretrial Dates and Ordering Mediation is modified as follows: 1) Disclosure of expert opinions for all topics other than the surveillance of Plaintiffs

and their activities conducted by Defendants and their officers, employees or agents remains as currently required under the case schedule - disclosure of primary expert opinions on October 1st, rebuttal experts 30 days later; 2) Completion of all fact discovery by November 15, 2010, as currently required under

the case schedule; 3) Depositions of experts on all topics other than the surveillance of Plaintiffs and their

activities conducted by Defendants and their officers, employees or agents by November 15, 2010, as currently required under the case schedule; 4) Disclosure of any expert opinions relating to the surveillance of Plaintiffs and their

activities conducted by Defendants and their officers, employees or agents by November 30, 2010; 5) Disclosure of rebuttal expert opinions relating to the surveillance of Plaintiffs and

their activities conducted by Defendants and their officers, employees or agents, if any, by December 30, 2010; 6) Depositions of any experts rendering opinions on the surveillance of Plaintiffs and

their activities conducted by Defendants and their officers, employees or agents in January 2011; 7) Continuance of the deadline for filing dispositive motions to February 15, 2011; and
Stipulation and Proposed Order for Extension Pretrial and Trial Deadlines - 4
CO9 5120-RBL AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION
901 Fifth Avenue, Suite 630 Seattle, Washington 98164 [phone]

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8) Continuance of the trial date to November 8, 2011 @ 9:00 a.m.

DATED this 12th day of October, 2010

A
RONALD B. LEIGHTON UNITED STATES DISTRICT JUDGE Presented by: By: /s/ M. Rose Spidell M. Rose Spidell, WSBA #36038 ACLU of Washington Foundation Attorney for Plaintiffs

Stipulation and Proposed Order for Extension Pretrial and Trial Deadlines - 5
CO9 5120-RBL

AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION
901 Fifth Avenue, Suite 630 Seattle, Washington 98164 [phone]