Opinion
No. 2:11-CV-01653-JAM-CMK
01-30-2013
KATRINA HAUGHT Plaintiff, v. THE CITY OF ANDERSON; THE CITY OF ANDERSON POLICE DEPARTMENT; DALE WEBB in his official capacity as Chief of Police for the City of Anderson Police Department; and MATTHEW GOODWIN, individually and in his official capacity as a Police Officer with the City of Anderson Police Department; and DOES 1-20. Defendants.
BARR & MUDFORD, LLP ESTEE LEWIS Attorneys for Plaintiff KATRINA HAUGHT, aka JANE DOE ANGELO, KILDAY & KILDUFF Attorneys for Defendants, THE CITY OF ANDERSON; THE CITY OF ANDERSON POLICE DEPARTMENT; and DALE WEBB, in his official capacity as Chief of Police for the City of Anderson Police Department
JOHN DOUGLAS BARR................... California State Bar No. 40663
TROY DOUGLAS MUDFORD............ California State Bar No. 146392
DAVID LEE CASE........................... California State Bar No. 56701
ESTEE LEWIS................................ California State Bar No. 268358
BARR & MUDFORD, LLP
1824 Court Street/Post Office Box 994390
Redding, California 96099-4390
Telephone: (530) 243-8008 Fax: (530) 243-1648
Attorneys for Plaintiff, KATRINA HAUGHT, aka JANE DOE BRUCE A. KILDAY...................California State Bar No. 066415
CARRIE A. FREDERICKSON............ California State Bar No. 245199
ANGELO, KILDAY & KILDUFF, LLP
601 University Avenue, Suite 150
Sacramento, CA 95825
Telephone: (916) 564-6100 Fax: (916) 564-6263
Attorneys for Defendants, THE CITY OF ANDERSON (also sued herein as
THE CITY OF ANDERSON POLICE DEPARTMENT); CHIEF DALE WEBB
STIPULATION AND ORDER TO
EXTEND PHASE ONE OF DISCOVERY
WHEREAS, a federal indictment has been brought against former Anderson Police Department officer Bryan Benson, charging him with Deprivation of Rights Under the Color of Law; Obstruction of Justice; and False Entry in Record/Document. This indictment will significantly impair discovery, in that plaintiff will be unable to depose Bryan Benson in this action as he will most certainly invoke the protections of the Fifth Amendment. Former Officer Benson's testimony is indispensible as his actions in sexually assaulting plaintiff are the catalyst of this lawsuit and his testimony as to the events of May 29, 2010, is essential. Further, it is necessary that plaintiff depose Former Officer Benson to ascertain his understanding of the rules, customs, policies, procedures, supervision and training implemented by the Anderson Police Department.
WHEREAS, Mr. Barr, primary trial counsel for plaintiff, underwent an emergency by-pass surgery on January 16, 2013. The time parameters of Mr. Barr's recovery are uncertain at this time. At this time, there are approximately nine outstanding depositions that need to be scheduled, and further written discovery may be required. However, the parties are unable to schedule these depositions or complete discovery until Mr. Barr is able to return to work.
THEREFORE, as a result of the uncertainty surrounding the impact of the federal indictment on this case, and Mr. Barr's recovery, the parties hereby stipulate and request that the Court vacate the cut-off dates for Phase One of discovery (January 31, 2013) and the Motions for Summary Adjudication on the Monell issues (March and April 2013) and set this matter for a further status conference in August or September 2013.
Mr. Kilday has a trial scheduled for August 5-20, 2013.
BARR & MUDFORD, LLP
______________________
ESTEE LEWIS
Attorneys for Plaintiff
KATRINA HAUGHT, aka JANE DOE
ANGELO, KILDAY & KILDUFF
______________________
BRUCE A. KILDAY
Attorneys for Defendants,
THE CITY OF ANDERSON; THE CITY OF
ANDERSON POLICE DEPARTMENT; and DALE
WEBB, in his official capacity as Chief of Police for
the City of Anderson Police Department
ORDER (as modified by the Court)
IT IS HEREBY ORDERED that the cut-off dates for Phase One of discovery and the Motions for Summary Adjudication on the Monell issues are hereby vacated, and that the parties shall submit an updated joint status report on or before September 6, 2013.
______________________
JOHN A. MENDEZ
United States District Court Judge