Opinion
CASE NO. C 08-4561 RMW (PR)
10-12-2011
REUBEN JOSEPH REYES, Plaintiff, v. ROBERT A. HOREL, et al., Defendants.
BRUCE L. SIMON (Bar No. 96241) WILLIAM J. NEWSOM (Bar No. 267643) PEARSON, SIMON, WARSHAW & PENNY, LLP Attorneys for Plaintiff REUBENJOSEPH REYES Kamala D. Harris Attorney General of California Jay C. Russell Supervising Deputy Attorney General Michael J. Quinn Deputy Attorney General Attorneys for Defendants FISCHER HARRISON, HOREL, TERRY, CHADWICK, and BERKLER
BRUCE L. SIMON (Bar No. 96241)
WILLIAM J. NEWSOM (Bar No. 267643)
PEARSON, SIMON, WARSHAW & PENNY, LLP
Attorneys for Plaintiff
REUBENJOSEPH REYES
Kamala D. Harris
Attorney General of California
Jay C. Russell
Supervising Deputy Attorney General
Michael J. Quinn
Deputy Attorney General
Attorneys for Defendants
FISCHER HARRISON, HOREL, TERRY, CHADWICK, and BERKLER
STIPULATION AND [] ORDER CONTINUING:
1. NON-EXPERT DISCOVERY CUT-OFF; AND
2. RELATED DEADLINES
[Civil Local Rules 6-2 and 7-12]
Honorable Ronald M. Whyte
1. The following stipulation requests that the Non-Expert Discovery Cut-Off, set for May 30, 2011, and previously requested to be extended by one month to June 30, 2011, and two months to August 30, 2011, now be extended to October 31, 2011, and that all related deadlines be continued accordingly.
STIPULATION
Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff Reuben Reyes and Defendants Horel, Terry, Chadwick, Harrison, Fischer, and Berkler, by and through their respective counsel, stipulate and request as follows:
1. WHEREAS, on March 3, 2011 the Court issued a Case Management Scheduling Order (Docket No. 102), setting the Non-Expert Discovery Cut-Off for May 30, 2011;
2. WHEREAS, the parties have diligently pursued discovery matters, but have been delayed by availability and scheduling problems between the parties, the attorneys, and the state prison;
3. WHEREAS, the parties have had delays in document discovery because of the confidential nature of certain documents and the need for protective orders and signatures releasing certain information;
4. WHEREAS, with respect to Civil L.R. 6-2(a)(1), the parties have conferred regarding particular reasons an extension of the deadline is mutually-agreeable, including: a) the parties have noticed depositions, but have been unable to find a mutually agreeable date prior to the discovery cut-off; and b) the parties have arranged for mutually agreeable dates and locations for depositions in the months of September and October.
5. WHEREAS, with respect to Civil L.R. 6-2(a)(2), the previous time modifications in this action include: a) Defendants' motion to change time for filing a dispositive motion, which was granted by this Court on April 15, 2009 (Docket No. 21); b) a second motion to change time filed by Defendants in order to enable Defendant Chadwick to join Defendants Horel, Berkler, Harrison, and Fischer's Motion for Summary Judgment, granted by this Court on August 25, 2009 (Docket No. 65).); c) a Stipulation and [Proposed] Order Continuing: 1. Non-Expert Discovery Cut-Off; and 2. Related Deadlines (Docket No. 104), filed May 27, 2011; d) a Stipulation and [Proposed] Order Continuing: 1. Non-Expert Discovery Cut-Off; and 2. Related Deadlines (Docket No. 105), filed June 30, 2011; and
6. WHEREAS, with respect to Civil L.R. 6-2(a)(3), a one-month continuance of the Non-Expert Discovery Cut-Off and related deadlines will likely delay the case and trial accordingly, but due to the circumstances cannot reasonably be avoided;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND REQUESTED that the Court continue the Non-Expert Discovery Cut-Off to October 31, 2011 and continue all related deadlines as follows:
December 12, 2011 Last day to complete expert discovery.
January 9, 2012 Last day to meet and confer about clarifying and narrowing issues for trial, potential stipulations of fact, anticipated motions in limine, objections to evidence, jury instructions and possible settlement.
January 27, 2012 Last Day for hearing on dispositive motions.
February 10, 2012 Last day to file joint pretrial statement; last day to file trial briefs, findings of fact, witness lists, designations of discovery excerpts, jury instructions, voir dire and verdict forms, and exhibits.
February 24, 2012 Last day to file motions in limine and objections to
evidence.
March 7, 2012 Last day to file oppositions to motions in limine and objections to evidence.
March 16, 2012 Last day to file replies to motions in limine and objections to evidence.
March 29, 2012 Pretrial conference and hearing on motions in limine.
April 9, 2012 Trial
E-FILING ATTESTATION
By his signature below, and pursuant to General Order 45, counsel for Defendants attests that counsel for all parties whose electronic signatures appear below have concurred in the filing of this Stipulation.
By: William J. Newsom
PEARSON, SIMON, WARSHAW & PENNY, LLP
Attorneys for Plaintiff REUBEN JOSEPH REYES
By: Michael J. Quinn
Attorneys for Defendants FISCHER, HARRISON,
HOREL, TERRY, CHADWICK, and BERKLER
ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
The Honorable Ronald M. Whyte
United States District Court Judge