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Payne v. City Of Sacramento

United States District Court, Eastern District of California
Nov 2, 2021
2:20-cv-02364-TLN-JDP (E.D. Cal. Nov. 2, 2021)

Opinion

2:20-cv-02364-TLN-JDP

11-02-2021

REGINALD RAFE NICHOLAS PAYNE, individually and as Successor-In-Interest to THE ESTATE OF REGINALD DAMONE PAYNE, HARRIETT JEFFERSON, and RUFUS JEFFERSON Plaintiffs, v. CITY OF SACRAMENTO; D. MOWER; and DOES 1-20, inclusive, Defendants.


ORDER

Troy L. Nunley United States District Judge

This matter is before the Court on Plaintiffs Reginald Rafe Nicholas Payne, Harriet Jefferson, and Rufus Jefferson's (collectively, “Plaintiffs”) Ex Parte Application to Modify the Initial Scheduling Order (“Scheduling Order”). (ECF No. 9.) Plaintiffs filed the instant request on October 21, 2021. (ECF No. 9.) Defendants have not responded.

Plaintiffs state that they need an additional 120 days to complete fact discovery due to the “extraordinary testimony of former Sacramento Fire Department Captain Jeffrey Klein on October 14, 2021.” (ECF No. 9 at 1-2.) Specifically, Plaintiffs state that Klein testified that political actors within the City of Sacramento (“City”) conspired to cover up the excessive force against Payne to prevent public scrutiny in light of growing controversy surrounding police- involved deaths. (ECF No. 9-1 at 2.) Plaintiffs provide specific testimony including that the Deputy Fire Chief provided false or misleading testimony relating to Payne's death. (Id.) Klein further testified that he believed he was terminated for his refusal to adopt the City's political narrative. (Id.) Plaintiffs now request an additional 120 days to conduct the discovery needed to corroborate or disprove Klein's allegations. (Id.)

GOOD CAUSE APPEARING, Plaintiffs' ex parte application for further modification of the Scheduling Order is HEREBY GRANTED.

The deadline for the completion of fact discovery is extended to March 23, 2022, and all deadlines for expert discovery and trial-readiness are continued accordingly.

IT IS SO ORDERED.


Summaries of

Payne v. City Of Sacramento

United States District Court, Eastern District of California
Nov 2, 2021
2:20-cv-02364-TLN-JDP (E.D. Cal. Nov. 2, 2021)
Case details for

Payne v. City Of Sacramento

Case Details

Full title:REGINALD RAFE NICHOLAS PAYNE, individually and as Successor-In-Interest to…

Court:United States District Court, Eastern District of California

Date published: Nov 2, 2021

Citations

2:20-cv-02364-TLN-JDP (E.D. Cal. Nov. 2, 2021)