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 13 Highway Patrol and Edgardo 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 v. SCHEDULING 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). On July 29, 2021, the Court modified the scheduling 5 order to allow the defense to schedule orthopedic and psychiatric examinations. (ECF No. 20). 6 The parties have completed numerous depositions and written discovery. Plaintiff is continuing 7 to treat for his injuries. The orthopedic examination, neuropsychologist examination and 8 psychological examination are scheduled to take place in September. Defense counsel has been 9 attempting to schedule the deposition of plaintiff’s initial treating surgeon Dr. Bratton. In late 10 August, his office informed us that he is out of the country until October 7, 2021, and his first 11 available date for deposition is October 20, 2021, which is after the current non-expert discovery 12 cut-off. The parties by and through their respective counsel have agreed to modify the scheduling 13 order dates to allow this discovery to take place as follows: 14 Matter Current Date Requested New Date 15 Non-Expert Discovery Cut- October 7, 2021 October 28, 2021 Off (includes hearing of 16 discovery motions) 17 Initial Rule 26 Expert October 15, 2021 November 18, 2021 Disclosure and Exchange of 18 Initial Expert Reports 19 Last Day to file Motions October 29, 2021 December 1, 2021 20 Rule 26 Rebuttal Expert November 1, 2021 December 9, 2021 Disclosure and Exchange of 21 Rebuttal Expert Reports 22 Modification of the Court’s scheduling order requires a showing of good cause, Fed. R. 23 Civ. P. 16(b), and good cause requires a showing of due diligence, Johnson v. Mammoth 24 Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). To establish good cause, the party seeking 25 the modification of the scheduling order must generally show that even with the exercise of due 26 diligence, they cannot meet the requirement of this order. Id. The court may also consider the 27 prejudice to the party opposing the modification. Id. If the party seeking to amend the 28 scheduling order fails to show due diligence the inquiry should end and the court should not grant 1 the motion to modify. Zivkovic v. Southern California Edison Co., 302 F.3d 1080, 1087 (9th Cir. 2 2002). 3 Here, the parties have diligently conducted discovery and reached an agreement regarding 4 production of plaintiff for physical and mental examinations without the need for court 5 intervention. However, based on treating physician, Dr. Bratton’s schedule the date he is 6 available for deposition is after the current discovery cut-off. 7 The parties agree that the above modification of the scheduling order is necessary. 8 Dated: September 9, 2021 GUIZAR, HENDERSON & CARRAZCO, LLP 9 10 By: /s/ Angel Carrazco, Jr. Humberto Guizar 11 Kent M. Henderson Angel Carrazco, Jr. 12 Attorneys for Plaintiff Francisco Hurtado 13 14 Dated: September 9, 2021 Respectfully submitted, 15 ROB BONTA Attorney General of California 16 PETER A. MESHOT Supervising Deputy Attorney General 17 18 /s/ LeeAnn E. Whitmore 19 LEEANN E. WHITMORE Deputy Attorney General 20 Attorneys for Defendants State of California by and through California Highway 21 Patrol and Edgardo Yepez 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / 1 TO ALL PARTIES AND TO THEIR COUNSEL OF RECORD HEREIN: 2 The Court, having reviewed the Stipulation of the parties regarding scheduling, and good 3 || cause appearing therefore, hereby modifies the scheduling order as follows: 4 Current Date Requested New Date 5 Non-Expert Discovery Cut- October 7, 2021 October 28, 2021 Off (includes hearing of 6 discovery motions) 7 _Initial Rule 26 Expert October 15, 2021 November 18, 2021 Disclosure and Exchange of 8 Initial Expert Reports 9 Last Day to file Motions October 29, 2021 December 1, 2021 10 Rule 26 Rebuttal Expert November 1, 2021 December 9, 2021 Disclosure and Exchange of Rebuttal Expert Reports 12 : IT IS SO ORDERED: /) 13 \ | “s mr lige 14 | DATED: September 9, 2021 — < 15 Troy L. Nunley) } United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28