Pervez v. Bacerra ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SHAFAK PERVEZ, an individual, Case No.: 2:18-cv-002793-KJM-KJN 12 Plaintiff, STIPULATION TO EXTEND DISCOVERY CUT-OFF DATES AND ORDER 13 v. 14 XAVIER BACERRA, in his official capacity, BRENT E. ORICK, in his official 15 capacity, CALIFORNIA DEPARTMENT OF JUSTICE, COUNTY OF 16 SACRAMENTO 17 Defendants. 18 19 INTRODUCTION 20 The parties, Plaintiff Shafak Pervez (“Plaintiff”) and Defendant County of Sacramento 21 (“Defendant”), through their respective attorneys of record, hereby jointly stipulate to an 22 extension of the currently scheduled discovery deadlines as set forth below. 23 RECITAL/GROUNDS FOR RELIEF 24 Pursuant to Rule 16, a party may seek modification of a scheduling order, including 25 modification of a discovery cut-off date, “only for good cause and with a judge’s consent.” Fed. 26 R. Civ. P. 16(b)(4). Rule 16(b)’s good cause inquiry focuses primarily on the movant’s diligence. 27 Coleman v. Quaker Oats Co., 232 F.3d 1271, 1294 (9th Cir. 2000). However, the court has 28 “broad discretion in supervising the pretrial phase of litigation.” Zivkovic v. S. Cal. Edison Co., 1 302 F.3d 1080, 1087 (9th Cir. 2002). A party may establish good cause by showing: (1) the [the 2 parties were] diligent in assisting the court in creating a workable Rule 16 order; (2) that [the 3 parties’] noncompliance with a Rule 16 deadline occurred or will occur, notwithstanding [their] 4 diligent efforts to comply, because of the development of matters which could not have been 5 reasonably foreseen or anticipated at the time of the Rule 16 scheduling conference; and (3) that 6 [they were] diligent in seeking amendment of the Rule 16 order, once it because apparent that 7 [they] could not comply with the order. Hood v. Hartford Life & Accident Ins. Co., 567 8 F.Supp.2d 1221, 1224 (E.D. Cal. 2008) (citations omitted). 9 The current deadline to complete all non-expert discovery is March 9, 2020. 10 The parties stipulate and have agreed to extend the non-expert discovery deadline as 11 follows: 12 (1) Defendant provided supplemental initial disclosures on February 13, 2020, February 21, 13 2020, and March 2, 2020 due to the recent discovery of more witnesses relating to 14 Plaintiff’s factual allegations and legal claims in this action. These additional witnesses 15 include Andrea Konstad, Lloyd Benjamin, M.D., John Luo, MD, David Boggs, Jerry 16 Wong, Natalie Stamper, Psy.D., Betty Gamez, and possibly Sacramento County Superior 17 Court personnel related to superior court records ordered disclosed by Magistrate Judge 18 Newman on February 13, 2020. 19 (2) All witnesses will need to be deposed. However, scheduling conflicts prevent Plaintiff’s 20 ability to depose them before March 9, 2020. 21 (3) Defendant’s witness Julie Setzer has been out on medical leave for at least six months and 22 is still out on medical leave preventing her from attending her deposition originally 23 scheduled March 6, 2020. 24 (4) Defendant timely noticed the deposition of Gretchen Fehm Blake LCSW, however, the 25 notice conflicted with a mandatory settle conference which Plaintiff’s counsel had to be in 26 attendance. 27 (5) Plaintiff timely noticed the deposition of the persons most knowledgeable regarding 28 1 certain topics, however, the recent amended initial disclosures has necessitated deposing 2 these witnesses prior to the noticing the PMK deposition(s). 3 (6) Modifying the non-expert discovery deadline pursuant to this stipulation will allow the 4 parties an opportunity to collaborate informally to complete the discovery process without 5 further involvement of the court. 6 (7) The parties make this request to modify the discovery cut-off date after ultimately 7 concluding that avoiding this request is not feasible. 8 ACCORDINGLY, THE PARTIES STIPULATE AND AGREE TO THE FOLLOWING: 9 1. To extend the non-expert discovery cut-off deadline 45 days, to April 23, 2020 for 10 depositions of the above-named witnesses. 11 2. To extend the non-expert discovery cut-off deadline 60 days, to May 8, 2020 to depose 12 Julie Setzer. 13 SO STIPULATED. 14 Dated: March 5, 2020 LAW OFFICE OF KELLAN PATTERSON 15 16 /s/ Kellan S. Patterson Kellan Patterson 17 Attorney for SHAFAK PERVEZ 18 19 Dated: March 5, 2020 RIVERA HEWITT PAUL LLP 20 /s/ Shanan L. Hewitt Shanan Hewitt 21 Attorney for COUNTY OF SACRAMENTO 22 23 24 25 26 27 28 1 ORDER 2 The Court does find good cause to modify and extend non-expert discovery in light of the 3 | recitals stipulated above and so orders that request to extend the non-expert discovery deadline is 4 | granted as follows: 5 1. The non-expert discovery cut-off deadline is hereby extended by 45 days, to April 23, 6 2020, for depositions of the above-named witnesses to be conducted; and 7 2. The non-expert discovery cut-off deadline is hereby extended by 60 days, to May 8, 2020, 8 for the deposition of Julie Setzer to be conducted. 9 10 | ITISSO ORDERED 11 12 | Dated: March 10, 2020 3 Fens Arn 14 EENDALLJ.NE UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28