Perez v. County of Sacramento ( 2022 )

LONGYEAR & LAVRA, LLP 1 Van Longyear, CSB No.: 84189 Nicole M. Cahill, CSB No.: 287165 2 3620 American River Drive, Suite 230 Sacramento, CA 95864 3 Phone: 916-974-8500 Facsimile: 916-974-8510 4 Emails: longyear@longyearlaw.com cahill@longyearlaw.com 5 6 Attorneys for Defendant, County of Sacramento 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION 10 11 KIMBERLY PEREZ, individually and as ) Case No.: 2:21-CV-00356-TLN-JDP successor-in-interest to Maurice Holley, Sr., ) 12 deceased; MAURICE HOLLEY, Jr., ) STIPULATION AND ORDER TO individually and as a successor-in-interest to ) MODIFY THE SCHEDULING ORDER 13 Maurice Holley, Sr.; ANGEL HOLLEY, ) individually and as a successor-in-interest to ) 14 Maurice Holley, Sr., deceased; MITRA ) HOLLEY, individually and as a successor-in- ) 15 interest to Maurice Holley, Sr. deceased, ) ) 16 Plaintiffs ) ) 17 v. ) ) 18 COUNTY OF SACRAMENTO, a public ) entity; and DOES 1-10, inclusive, ) 19 ) Defendants. ) 20 ) 21 Under Federal Rules of Civil Procedure 16(b)(1)(A) and Local Rule 143, the parties, 22 through counsel, stipulate to and hereby request a modification of this Court’s scheduling order. 23 Pursuant to the Court’s Initial Scheduling Order (ECF No. 3) and the parties Joint Status Report 24 (ECF No. 9), the current schedule is as follows: 25  Fact discovery cut off: March 25, 2022 26  Expert witness disclosure: May 24, 2022 27  Supplemental expert disclosure: June 23, 2022 28  Dispositive motion deadline: September 21, 2022 1 The parties in this case request an extension only as to the fact discovery cut off. The 2 parties request that the current fact discovery deadline of March 25, 2022, be extended until May 3 25, 2022. The parties also request that the deadlines based on the fact discovery deadline also 4 move accordingly. The respective deadlines would thus be as follows: 5 o Fact discovery cut off: May 25, 2022 6 o Expert witness disclosure: July 25, 2022 7 o Supplemental expert disclosure: August 22, 2022 8 o Dispositive motion deadline: November 22, 2022 9 A scheduling order may only be modified upon a showing of good cause and by leave of 10 Court. Fed. R. Civ. Proc. 6(b)(1)(A); Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 11 (9th Cir. 1992). In considering whether a party moving for a schedule modification has good 12 cause, the Court primarily focuses on the diligence of the party seeking the modification. Johnson, 13 975 F.2d at 609. Defendant has served written discovery to Plaintiffs. In addition, Defendant 14 seeks to depose the Plaintiffs after written discovery has been responded to. Further, Defendant 15 and Plaintiff Perez have conferred extensively regarding the status of Rule 26 disclosures and have 16 a pending telephonic pre-discovery motion conference with Judge Jeremy Peterson set for March 17 29, 2022. (ECF No. 10.) Judge Peterson was not available to set the conference until after fact 18 discovery cut-off. Because formal motion practice may be required after the conference, the 19 parties believe an extension of the discovery deadline is warranted. 20 For these reasons, good cause exists to modify the fact discovery cut off deadline and 21 related court deadlines. 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / 1 IT IS SO STIPULATED. 2 3 Dated: March 18, 2022 LONGYEAR & LAVRA, LLP 4 By: /s/ Nicole M. Cahill 5 VAN LONGYEAR NICOLE M. CAHILL 6 Attorneys for Defendant, County of Sacramento 7 Dated: March 18, 2022 LAW OFFICES OF TED A. GREENE, INC. 8 9 By: /s/ Glen F. Olives [authorized on 3-3-22] GLEN F. OLIVES 10 Attorneys for Plaintiff, Kimberly Perez 11 12 Dated: March 18, 2022 THE GORDON LAW FIRM 13 14 By: /s/ Chris Gordon [authorized on 3-3-22] CHRIS GORDON 15 Attorneys for Plaintiffs, Maurice Holley, Jr., Angel Holley and 16 Mitra Holley 17 18 19 20 21 22 23 24 25 26 27 28 1 ORDER 2 Good cause appearing, the parties’ stipulated request to modify the Court’s Scheduling 3 || Order (ECF No. 3) is GRANTED. 4 The relevant deadlines are ordered as follows: 5 o Fact discovery cut off: May 25, 2022 6 o Expert witness disclosure: July 25, 2022 7 o Supplemental expert disclosure: August 22, 2022 8 o Dispositive motion deadline: November 22, 2022 9 10 { /) 1 |[DATED: March 21, 2022 “ | / of Lr 13 United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND ORDER TO MODIFY THE SCHEDULING ORDER- 4