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Stipulation and Order re Discovery Deadline

OFFICE OF THE COUNTY COUNSEL

County of San Joaquin

DANIEL C. CEDERBORG, CSB #124260

Deputy County Counsel

JASON R. MORRISH, CSB#192686

Deputy County Counsel

Courthouse - Room 711

222 East Weber Avenue

Stockton, California 95202

Telephone: (209) 468-2980

Attorneys for Defendants, 

 COUNTY OF SAN JOAQUIN, SHERIFF BAXTER

 DUNN and SHERIFF’s DEPARTMENT

 OF SAN JOAQUIN COUNTY

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ROBERT T. BROWN, individually and on

behalf of Class of Persons similarly situated,

 

Plaintiff, 

vs.

COUNTY OF SAN JOAQUIN, SHERIFF

BAXTER DUNN, SHERIFF’S DEPARTMENT

OF SAN JOAQUIN COUNTY and DOES I

through X inclusive,

 

 Defendants.

CASE NO. CIV.S-04-2008 FCD PAN

 

STIPULATED ORDER EXTENDING

PRETRIAL SCHEDULING

DEADLINES

“AS MODIFIED”

 

 

Plaintiff ROGER T. BROWN and Defendants COUNTY OF SAN JOAQUIN, SHERIFF

BAXTER DUNN and SHERIFF’S DEPARTMENT OF SAN JOAQUIN COUNTY, by and

through their respective counsel, respectfully submit this STIPULATED ORDER EXTENDING

DISCOVERY COMPLETION DEADLINE for consideration by the Court. The Parties believe

that good cause exists for the requested extension as set forth below due primarily to changes in

Plaintiff’s Counsel Bruce W. Nickerson’s busy criminal trial schedule during the months of

October and November, 2005.

Case 2:04-cv-02008-FCD-EFB Document 15 Filed 11/17/05 Page 1 of 4
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Stipulation and Order re Discovery Deadline

STIPULATION

The Parties hereby stipulate as follows:

1. On or about December 30, 2004, Plaintiff’s Counsel filed and served the

Amended Class Action Complaint in this action.

2. Following submission of a Joint Status Report by the Parties on January 3, 2005,

the Court issued its Status (Pretrial Scheduling) Order on or about February 18, 2005. The

Court’s Order set the completion deadline of November 30, 2005. There have been no previous

extensions granted of the discovery completion deadline.

3. Plaintiff propounded written interrogatories and document requests on Defendants

on or about March 23, 2005, which interrogatories and requests for production were responded to

by Defendants pursuant to a brief extension on or about May 12, 2005.

4. Plaintiff has designated an expert witness, Jeff LeTourneau, and Defendants

deposed Plaintiff’s expert on July 21, 2005. Defendants have not designated any expert

witnesses for this action.

5. Defendants propounded written interrogatories and requests for production to

Plaintiff on or about October 12, 2005. Due to the busy trial schedule of Plaintiff’s Counsel,

Defendants have granted Plaintiff an extension until November 18, 2005 for responses to this

written discovery. At the time of this stipulation, Defendants’ Counsel has not seen the

discovery responses or documents, if any, produced by the Plaintiff and cannot determine

whether the responses or objections of the Plaintiff are adequate.

6. Defendants also noticed Plaintiff’s deposition for November 18, 2005 and the

deposition of Plaintiff’s spouse for November 3, 2005. Pursuant to negotiations with Plaintiff’s

Counsel, and in order to accommodate the trial schedule of Plaintiff’s Counsel at that time, it was

agreed by the Parties to schedule both depositions on November 23, 2005.

7. Subsequent to the agreement of the Parties regarding the deposition schedule,

Plaintiff’s Counsel learned on November 14, 2005, that the Superior Court of California for Los

Angeles County would be setting a criminal trial in which Plaintiff’s Counsel represents a

defendant to trail for the dates of November 21, 2005 to November 23, 2005. This trial had

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Stipulation and Order re Discovery Deadline

originally been scheduled for the week of November 14 - 18, 2005. The Parties have discussed

alternative dates in November for the depositions but either Plaintiff’s Counsel is scheduled for

trial in other matters or the Plaintiff will not be available.

8. Pending the issuance of the accompanying Order by the Court, the scheduled

deposition of the Plaintiff and his spouse remains set for November 23, 2005, a date on which

Plaintiff’s Counsel is now scheduled to be in trial in the Superior Court in Los Angeles County

and unavailable to cover the deposition.

9. The Pre-trial Conference in this action is set for April 21, 2006 and Trial is

scheduled to begin June 6, 2006. The current deadline for hearing of dispositive motions is

January 27, 2006.

10. Based on the foregoing facts, the Parties respectfully request the Court order an

extension of the deadline for completion of discovery including all discovery motions, and of the

deadline for hearing of dispositive motions. So long as acceptable to the Court, the Parties do

not believe the requested extensions as set forth below require any extension or rescheduling of

the Pre-Trial Conference or Trial dates.

11. The Parties suggest the following new deadlines be ordered by the Court:

Completion of Discovery (including any motion hearings) January 31, 2006

Deadline for Hearings on Dispositive Motions March 24, 2006

Respectfully submitted,

OFFICE OF THE COUNTY COUNSEL

Dated: November 15, 2005 By: /s/ Daniel C. Cederborg 

DANIEL C. CEDERBORG

 Deputy County Counsel

Attorneys for Defendants,

COUNTY OF SAN JOAQUIN, SHERIFF

BAXTER DUNN and SHERIFF’S

DEPARTMENT OF SAN JOAQUIN

COUNTY

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Stipulation and Order re Discovery Deadline

Dated: November 15, 2005

By: /s/ Bruce W. Nickerson 

BRUCE W. NICKERSON 

 Attorney at Law

Attorney for Plaintiff,

ROBERT T. BROWN

ORDER OF THE COURT

The Parties to this action having stipulated to an extension of the discovery completion

deadline and the deadline for hearing any dispositive motions, and good cause appearing,

IT IS HEREBY ORDERED THAT:

1. The deadlines set in the Court’s Status (Pretrial Scheduling) Order are modified as

follows:

Discovery Completion Deadline 

(including hearings on any motions) January 31, 2006

Deadline for Hearings on Dispositive Motions March 24, 2006

2. In light of the above extensions the court shall also move the following dates: 

Pre-trial Conference RESET to June 2, 2006 at 3:30 p.m.; and 

Jury trial date RESET to August 22, 2006 at 9:00 a.m. 

IT IS SO ORDERED.

Date: November 17, 2005 /s/ Frank C. Damrell Jr. 

Hon. Frank C. Damrell, Jr.

United States District Judge

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