Opinion
2:19-cv-1972 JAM-DB
06-07-2022
Jennifer Ann Upton; Plaintiff, v. County of El Dorado; El Dorado County Deputy Sheriff's Office; Sheriff John D'Agostini, in his official capacity; El Dorado County Deputy Sheriff Jack Kerruish; El Dorado County Deputy Sheriff Evan Richardson, and Does 1-40, inclusive. Defendants.
KEVIN HARRIS Attorney for Plaintiff ANGELO, KILDAY & KILDUFF, LLP DERICK E. KONZ Attorneys for Defendants
KEVIN HARRIS Attorney for Plaintiff
ANGELO, KILDAY & KILDUFF, LLP DERICK E. KONZ Attorneys for Defendants
PLAINTIFF'S MOTION TO EXTEND TIMES FOR EXPERT DISCLOSURE AND DISCOVERY CUTOFF DATES, STIPULATION OF THE PARTIES, AND ORDER TO MODIFY THE COURT'S PRETRIAL SCHEDULING ORDER
THE HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE
PLAINTIFF JENNIFER UPTON, by and through her counsel of record and subject to the approval of this Court, hereby moves to modify and extend by 30 days the below deadlines set forth in this Court's Pre-trial Scheduling Order dated April 8, 2022. This Request is made on the stipulation of the parties as stated below.
The Parties stipulate as follows:
1. On June 15, 2021, the Court modified the original Pre-trial Scheduling Order due to unforeseen delays in scheduling depositions as the result of COVID-19 infections and the military deployment of a percipient witness (Deputy Hamon). After the modification, the parties scheduled depositions of several El Dorado County personnel and the plaintiffs to occur in August 2022. However, on August 14, 2021, the Caldor fire ignited, which required emergency assistance from the El Dorado County personnel and required emergency action from the Plaintiffs who live in El Dorado County. As a result, all depositions were cancelled with an agreement that they would be reset as soon as practical. The fire was fully contained on or about October 21, 2021, and the parties began coordination of the depositions.
2. The parties diligently set depositions and took the depsoitions of the following witnesses: 1) El Dorado County Sgt. Prencipe; 2) El Dorado County Deputy Sheriff Thomsen; 3) El Dorado County Deputy Sheriff Jenks; 4) Plaintiff Jennifer Upton; 5) Chuck Upton; and 6) Trey Upton.
3. After the last stipulation to extend time the following Depositions were taken: 1) El Dorado County Deputy Sheriff Evan Richardson on April 21, 2022; Defendant El Dorado County Deputy Sheriff Jack Kerruish on May 9, 2022.; and El Dorado County Deputy Sheriff Hamon on May 23, 2022. Deputy Hamon was mistakenly indicated in the prior request as having his deposition previously taken, he did not as he is frequently on leave for military deployment and was available on May 23, 2022.
4. Under the current Pre-trial Scheduling Order, discovery remains open until August 10, 2022; however, the expert disclosure deadline is June 8, 2022. The parties wish to retain experts who will need to review the deposition testimony prior to drafting their reports, which will not be possible under the current Pre-trial Scheduling Order.
5. This stipulation does not affect the dates which the court previously ordered for Dispositive Motion Filing Date, Dispositive Motion Hearing Date, Final Pre-Trial Conference, and the date for the Jury Trial in this matter.
6. Good cause appearing, the parties hereby request the following modification of the Pre-trial Scheduling Order:
Event
Current Deadline
Proposed New Deadline
Expert Disclosure
June 8, 2023
July 8, 2022
Supplemental Expert Disclosure
June 22, 2022
July 22, 2022
Joint Mid Litigation Statement
Fourteen (14) days prior to Discovery Cut-Off
Discovery Cut-Off
June 10, 2022
August 10, 2022
Dispositive Motion Filing Date
September 23, 2022
September 23, 2022
Dispositive Motion Hearing Date
12/6/2022 at 1:30
12/6/2022 at 1:30 PM
Final Pre Trial Conference
1/27/2023at10:00AM
January 27, 2023 at 10:00 AM
Trial1
3/13/2023 at 9:00AM
March 13, 2023 at 9:00 AM
It is so stipulated:
ORDER
Good cause having been shown, the Court hereby modifies the Pre-trial Scheduling Order as follows:
Event
New Deadline
Expert Disclosure
July 8, 2022
Supplemental Expert Disclosure
August 22, 2022
Joint Mid Litigation Statement
14 days prior to close of Discovery
Discovery Cut-Off
September 10, 2022
Dispositive Motion Filing Date
September 23, 2022
Dispositive Motion Hearing Date
December 6, 2022 at 1:30 PM
Final Pre Trial Conference
January 27, 2023 at 10:00 AM
Trial
March 13, 2023at 9:00 AM