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STIPULATION TO MODIFY CASE MANAGEMENT ORDER 

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PAMELA Y. PRICE (STATE BAR NO. 107713) 

JESHAWNA R. HARRELL (STATE BAR NO. 257773) 

PRICE AND ASSOCIATES 

A Professional Law Corporation 

1611 Telegraph Avenue, Suite 1453 

Oakland, CA 94612 

Telephone: (510) 452-0292 

Facsimile: (510) 452-5625 

E-mail: pypesq@aol.com 

FANIA E. DAVIS, ESQ. (STATE BAR NO. 87268) 

4100 Redwood Road, #371 

Oakland, CA 94109 

Telephone: (510) 414-8665 

DARRYL PARKER, ESQ. (STATE BAR NO. 95914) 

PREMIER LAW GROUP 

3131 Elliott Avenue, Suite 710 

Seattle, WA 98121 

Telephone: (206) 285-1743 

Facsimile: (206) 599-6316 

Attorneys for Plaintiff 

FREDDIE M. DAVIS 

[Refer to signature page for the complete list of parties represented] 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

FREDDIE M. DAVIS, 

Plaintiff, 

 v. 

PRISON HEALTH SERVICES; 

SHERIFF’S DEPARTMENT, COUNTY 

OF ALAMEDA; LEONORE GILBERT, 

In Her Individual And Official Capacities; 

LINDA HENSON, In Her Individual And 

Official Capacities; BILL WILSON, In His 

Individual And Official Capacities; JAMES 

E. AYALA, In His Individual And Official 

Capacities; DARRYL GRIFFITH, In His 

Individual And Official Capacities And 

DOES 1 through 10 inclusive, 

 Defendants. 

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Case No. C09-02629 SI 

STIPULATION AND [PROPOSED] 

ORDER TO MODIFY CASE 

MANAGEMENT ORDER 

[FRCP 16(b)(4)] 

Case 3:09-cv-02629-SI Document 33 Filed 07/21/10 Page 1 of 4
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STIPULATION TO MODIFY CASE MANAGEMENT ORDER 

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 Pursuant to Federal Rule of Civil Procedure 16(b)(4), Plaintiff Freddie M. Davis and 

Defendants Prison Health Services, Sheriff’s Department, County Of Alameda, Leonore Gilbert, 

Linda Henson, Bill Wilson, James E. Ayala, and Darryl Griffith hereby stipulate as follows: 

 WHEREAS, the Court’s Case Management Order has set the following schedule: NonExpert Discovery Cut-Off, August 6, 2010; Dispositive Motion Filing, August 20, 2010; 

Dispositive Motion hearing, September 24, 2010 (Opposition Filing on September 3, 2010, and 

Reply Filing on September 10, 2010); Initial Expert Disclosure October 15, 2010; Rebuttal Expert 

Disclosures, November 5, 2010; Expert Discovery Cut-Off, November 30, 2010; Pre-Trial 

Filings, December 31, 2010; Pre-Trial Conference, January 18, 2011; Trial, February 7, 2011; and 

 WHEREAS, the parties enter into this stipulation to modify the Case Management Order 

for good cause shown; and 

 WHEREAS, since November 2009, Plaintiff has been meeting and conferring with the 

National Labor Relations Board (NLRB) pursuant to applicable administrative procedures to 

obtain key documents pertaining to unfair labor charge proceedings which Plaintiff believes shed 

light on Defendants’ alleged unlawful motives, and, on March 12, 2010, when the NLRB 

persisted in invoking the official information privilege and refused to produce the documents, 

Plaintiff served a subpoena upon the NLRB; and 

 WHEREAS, production of these documents has been further delayed in part because 

Defendant Alameda County objects to the NLRB subpoena; and 

 WHEREAS, the parties need additional time to complete the meet and confer process on 

the subpoena objection, and likely to move to compel discovery in connection with the subpoena 

served upon NLRB as well; and 

 WHEREAS, though the parties have already exchanged a voluminous amount of 

documents, totaling thousands of pages, including documents produced prior to removal during 

the state proceedings, Plaintiff has in the last months further propounded one request for 

production of documents to each of the five individual Defendants and one request to each of the 

two entity Defendants and received timely responses thereto; and 

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STIPULATION TO MODIFY CASE MANAGEMENT ORDER 

3

 WHEREAS, Defendant PHS has served further Special Interrogatories, to which Plaintiff, 

has responded; 

 WHEREAS, the parties need additional time to complete a meet and confer process and 

may need to request Court intervention to assist in resolution of any discovery disputes arising in 

connection with the parties’ recent discovery requests; and 

 WHEREAS, the parties are also in the process of meeting and conferring about dates to 

complete the deposition of Plaintiff and to take depositions of Defendants and of a number of 

defense and third-party witnesses; and 

 WHEREAS, the depositions cannot be completed prior to the current discovery cut-off of 

August 6, 2010, in part because of the need to obtain NLRB documents and resolve any written 

discovery disputes between the parties and in part because lead counsel for Plaintiff herein, Price 

and Associates, has lost two staff attorneys within the last month and is presently involved in a 

federal action, Fobbs v. the City of Union City C09-02723 PJH, in which the Court has ordered 

the parties to complete 37 depositions by the end of July in connection with a class certification 

motion; and 

 WHEREAS, the parties agree that they cannot complete further mediation until after they 

complete additional discovery; and 

 WHEREAS, Fania E. Davis, associate counsel in the within matter will be traveling out of 

the country and unavailable until late August and Darryl Parker, additional associate counsel 

based in Seattle, Washington, will be unavailable as well; and 

WHEREAS, until additional discovery is completed, neither Plaintiff nor Defendant are in 

a position to file dispositive motions by the current due date of August 20, 2010; and 

WHEREAS, the parties have not previously requested any modifications of the Case 

Management Order by stipulation; 

NOW, THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE, based 

on the foregoing circumstances, to request that the Court establish the following modified 

deadlines: 

Discovery Cut-Off December 10, 2010 

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STIPULATION TO MODIFY CASE MANAGEMENT ORDER 

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Complete Further Mediation December 22, 2010 

Dispositive Motion Filing January 14, 2011 

Dispositive Motion Opposition Due January 28, 2011 

Dispositive Motion Reply Due February 4, 2011 

Dispositive Motion Hearing February 18, 2011 

Expert Disclosures February 28, 2011 

Rebuttal Expert Disclosures March 11, 2011 

Expert Discovery Cut-Off April 8, 2011 

File Pretrial Pleadings April 18, 2011 

Final Pretrial Conference May 3, 2011 

Trial May 23, 2011 

 Dated: _____________________ /s/ 

PAMELA Y. PRICE 

PRICE AND ASSOCIATES 

Attorneys for Plaintiff 

FREDDIE M. DAVIS 

Dated: _____________________ /s/ 

NEDA N. DAL CIELO 

SUZANNE R. NESTOR 

LITTLER MENDELSON 

Attorneys for Defendants 

PRISON HEALTH SERVICES, BILL WILSON 

LENORE GILBERT and LINDA HENSON 

Dated: _____________________ /s/ 

J. RANDALL ANDRADA 

LYNNE G. STOCKER 

ANDRADA & ASSOCIATES 

Attorneys for Defendants 

COUNTY OF ALAMEDA, JAMES E. AYALA, 

IT IS SO ORDERED. 

Dated: ___________ ___________________________________ 

 SUSAN ILLSTON 

 United States District Judge 

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