Hurtado v. State of CA ( 2021 )

1 Kent M. Henderson (SBN 139530) Angel Carrazco Jr. (SBN 230845) 2 GUIZAR, HENDERSON & CARRAZCO, L.L.P. 18301 Irvine Blvd. 3 Tustin, CA 92780 Tel: (714) 541-8600 4 Fax: (714) 541-8601 E-mail: hendolaw@gmail.com 5 Attorneys for Plaintiff Francisco Hurtado 6 ROB BONTA, State Bar No. 202668 Attorney General of California 7 PETER A. MESHOT, State Bar No. 117061 Supervising Deputy Attorney General 8 LEEANN E. WHITMORE, State Bar No. 214870 Deputy Attorney General 9 1300 I Street, Suite 125 P.O. Box 944255 10 Sacramento, CA 94244-2550 Telephone: (916) 210-7515 11 Fax: (916) 322-8288 E-mail: LeeAnn.Whitmore@doj.ca.gov 12 Attorneys for Defendants State of California, by and through the California Highway Patrol and Edgardo 13 Yepez 14 15 IN THE UNITED STATES DISTRICT COURT 16 IN AND FOR THE EASTERN DISTRICT OF CALIFORNIA 17 18 19 FRANCISCO HURTADO, AN Case No.: 2:19-cv-02343-TLN-AC INDIVIDUAL, 20 Plaintiff, JOINT STIPULATION REGARDING 21 MODIFICATION OF THE PROPOSED v. SCHEDULED ORDER AND ORDER 22 23 STATE OF CALIFORNIA; CALIFORNIA HIGHWAY PATROL; EDGARDO YEPEZ 24 AKA EDGARDO LOPEZ; AND DOES 1 THROUGH 100, INCLUSIVE, 25 Defendants. Action Filed: April 2, 2019 26 27 / / / 28 / / / 1 TO THE CLERK OF THE COURT AND TO THE HONORABLE TROY L. 2 NUNLEY, UNITED STATES DISTRICT COURT JUDGE: 3 The Court issued the original scheduling order in this case on January 29, 2021 based on 4 the stipulation of the parties. (ECF No. 16) The parties have completed numerous depositions and 5 written discovery. Plaintiff is continuing to treat and defense counsel has just subpoenaed updated 6 treatment records. Plaintiffs counsel has agreed to produce plaintiff for an orthopedic medical 7 examination and mental health examinations with a neuropsychologist and a psychiatrist. The 8 orthopedic examination has been scheduled for August 25, 2021 and the neuropsychologist 9 examination is scheduled for September 13, 2021. These dates will allow the medical providers to 10 have the records. The parties are currently awaiting dates for the psychiatric examination. 11 The parties by and through their respective counsel have agreed to modify the scheduling order 12 dates to allow this discovery to take place as follows: 13 Matter Current Date Requested New Date 14 Non-Expert Discovery Cut-Off (includes August 13, 2021 October 7, 2021 15 hearing of discovery motions) 16 17 Initial Rule 26 Expert August 20, 2021 October 15, 2021 Disclosure and Exchange 18 of Initial Expert Reports 19 Last Day to file Motions September 3, 2021 October 29, 2021 20 21 Rule 26 Rebuttal Expert September 10, 2021 November 1, 2021 Disclosure and Exchange 22 of Rebuttal Expert Reports 23 24 25 Modification of the Court’s scheduling order requires a showing of good cause, Fed. R. 26 Civ. P. 16(b), and good cause requires a showing of due diligence, Johnson v. Mammoth 27 Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). To establish good cause, the party seeking 28 1 the modification of the scheduling order must generally show that even with the exercise of due 2 diligence, they cannot meet the requirement of this order. Id. The court may also consider the 3 prejudice to the party opposing the modification. Id. If the party seeking to amend the 4 scheduling order fails to show due diligence the inquiry should end and the court should not grant 5 the motion to modify. Zivkovic v. Southern California Edison Co., 302 F.3d 1080, 1087 (9th Cir. 6 2002) 7 Here, the parties have diligently conducted discovery and reached an agreement regarding 8 production of plaintiff for physical and mental examinations without the need for court 9 intervention. However, based on the providers’ schedule the dates they are available is after the 10 current scheduling order. 11 The parties agree that the above modification of the scheduling order is necessary. 12 Dated: July 28, 2021 GUIZAR, HENDERSON & CARRAZCO, LLP 13 By: /s/ Angel Carrazo, Jr. 14 Humberto Guizar Kent M. Henderson 15 Angel Carrazco, Jr. 16 Attorneys for Plaintiff Francisco Hurtado 17 18 Dated: July 27, 2021 Respectfully submitted, 19 ROB BONTA Attorney General of California 20 PETER A. MESHOT Supervising Deputy Attorney General 21 22 /s/ LeeAnn E. Whitmore 23 LEEANN E. WHITMORE Deputy Attorney General 24 Attorneys for Defendants State of California by and through California Highway Patrol and Edgardo Yepez 25 26 27 28 1 TO ALL PARTIES AND TO THEIR COUNSEL OF RECORD 2 HEREIN: 3 4 The Court, having reviewed the Stipulation of the parties regarding scheduling, and good 5 cause appearing therefore, hereby modifies the scheduling order as follows: [acer | current Date | New Date Matter Current Date New Date 7 Non-Expert Discovery Cut- Off (includes hearing of August 13, 2021 October 7, 2021 8 discovery motions) 9 Initial Rule 26 Expert August 20, 2021 October 15, 2021 10 Disclosure and Exchange of Initial Expert Reports 12 Last Day to file Motions September 3, 2021 October 29, 2021 13 Rule 26 Rebuttal Expert September 10, 2021 November 1, 2021 14 Disclosure and Exchange of 15 Rebuttal Expert Reports 16 IT IS SO ORDERED: 17 /) DATED: July 29, 2021 \ | “ } bichon 19 —AN ZN = gf Troy L. Nunley } 20 United States District Judge 21 22 23 24 25 26 27 28