Opinion
CASE NO.: 2:11-CV-00117-GEB-EFB
10-27-2011
MATTHEW THOMAS ANDERSON, DECEASED, THROUGH HIS PERSONAL REPRESENTATIVE NAD SUCCESSOR IN INTEREST, MINEKO SWEZEY; AND MINEKO SWEZEY, Individually, Plaintiff, v. COUNTY OF SISKIYOU, a public entity; SISKIYOU COUNTY SHERIFF'S DEPARTMENT, a public entity; SISKIYOU COUNTY SHERIFF RICK RIGGENS, in his individual and official capacities; CAPTAIN JAMES BETT, individually; DEPUTY CHRISTOPHER MILLER, individually; RONALD BORTMAN, M.D., individually; STATE OF CALIFORNIA, a public entity; NAPA STATE HOSPITAL, a public entity; Dr. ED FOULK,R.N., individually; DANA WHITE, RN., individually; and DOES 1 through 10, Jointly and Severally, Defendant.
MORENO & RIVERA, LLP Jesse M. Rivera, CSN 84259 Jonathan B. Paul, CSN 215884 Kelly A. Yokley, CSN 192015 Shanan L. Hewitt, CSN 200168 Attorneys for Defendant, THE STATE OF CALIFORNIA, a public entity, NAPA STATE HOSPITAL, a public entity, Dr. ED FOULK, individually, and DANA WHITE, individually
MORENO & RIVERA, LLP
Jesse M. Rivera, CSN 84259
Jonathan B. Paul, CSN 215884
Kelly A. Yokley, CSN 192015
Shanan L. Hewitt, CSN 200168
Attorneys for Defendant,
THE STATE OF CALIFORNIA, a public entity,
NAPA STATE HOSPITAL, a public entity,
Dr. ED FOULK, individually, and
DANA WHITE, individually
STIPULATION OF COUNSEL TO MODIFY
THE SCHEDULING ORDER and
[PROPOSED] ORDER
COME NOW DEFENDANTS, STATE OF CALIFORNIA, NAPA STATE HOSPITAL, DR. ED FOULK, DIANE JOHNSTON MOND and DANA WHITE, by and through their counsel, Jesse M. Rivera, of the Law Offices of Rivera and Associates, and with the concurrence of PLAINTIFFS' counsels, Michael J. Haddad, Julia Sherwin and Sonia M. Mercado, and with the concurrence of counsel for the County of Siskiyou, Philip Price and subject to the approval of this court, hereby stipulate to modify the scheduling order filed by this court on May 19, 2011 [Docket #64]. All counsel have diligently been conducting discovery with the aim of mediating this case in a timely manner. An initial mediation was held on April 26, 2011. It was evident at that time in order to settle this case extensive discovery must be conducted. Since that date over 15 depositions have been conducted and an amended complaint filed. Siskiyou County has also filed a cross claim. The parties have now agreed upon a new mediation date for December 13, 2011 at ADR ,Services before retired Judge Chiantelli.
The current scheduling order requires the disclosure of expert witness reports on November 29, 2011. This will be an extremely costly disclosure. The parties all concur and believe that it would be in the best interests to alter and modify the current scheduling order to save expenses in the hopes this case will be resolved. The parties do not believe moving of the the trial date would be necessary. As such the parties propose the following modifications to the scheduling order:
Initial Expert disclosure: November 29, 2011,
Rebuttal expert disclosure: December 29, 2011;
Discovery Closes: February 29, 2012
Dispositive Motion Hearing: April 30, 2012
Pretrial Hearing: June 25, 2012
PROPOSED NEW DATES;
Expert Disclosure: February 17, 2012;
Rebuttal Expert Disclosure: March 9, 2012
Discovery to Close: March 31, 2012
Dispositive Motion Date: June 4, 2012
Pretrial Hearing: July 23, 2012
The jury trial date of September 25, 2012 shall remain as set.
The parties agree that no prejudice exists as to any of the parties regarding the relief sought.
Therefore the parties, Defendant State of California, Napa State Hospital, Dr. Foulk, Diane Mond and Dana White, by and through their counsel Jesse M. Rivera, and Plaintiffs by and through their counsel Michael J. Haddad, Julia Sherwin and Sonia M. Mercado and the County of Siskiyou and their named defendants, through their counsel Philip Price hereby stipulate and agree that the scheduling order filed May 19, 2011 be amended and modified as requested.
It is hereby so stipulated.
RIVERA & ASSOCIATES
By: Jesse M. Rivera
Attorney for Defendant,
THE STATE OF CALIFORNIA, NAPA STATE
HOSPITAL, DR. ED FOULK, DANA WHITE,
DIANE JOHNSTON MOND
HADDAD & SHERWIN
By: Michael J.Haddad
JULIA SHERWIN
Co-Counsel for Plaintiffs
SONIA MERCADO & ASSOCIATES
By: Sonia M. Mercado
SONIA M. MERCADO
Co-Counsel for Plaintiffs
PRICE & BROWN
By: Philip B. Price
Attorney for Defendants
County of Siskiyou, Siskiyou Co. Sheriff's Dept.,
Siskiyou Co. Sheriff Rick Riggins, Cpt. James Betts,
Deputy Christopher Miller, Ronald Bortman, M.D.
The above dates are approved, except the final pretrial conference, which the parties characterize as a "pretrial hearing",is scheduled to commence at 11:00 a.m. on August 20, 2012. A joint pretrial statement shall be filed seven days prior to the conference.
IT IS SO ORDERED.
GARLAND E. BURRELL, JR.
United States District Judge