King v. City of Sacramento ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TRAVIS KING, an individual, Case No.: 2:20-cv-01326-KJM-DB 12 Plaintiff, JOINT STIPULATION FOR LEAVE TO AMEND SCHEDULING ORDER AND 13 v. ORDER 14 CITY OF SACRAMENTO, as a municipality, JONATHAN HOUSTON, in 15 his individual capacity, ANTHONY Honorable Kimberly J. Mueller BOLER, in his individual capacity, ERIC 16 KLOCKENBRINK, COSTCO WHOLESALE CORPORATION and 17 DOES 1-100; 18 Defendants. 19 20 INTRODUCTION 21 The Court issued an Initial Scheduling Order on December 2, 2022. (ECF No. 32) The 22 Parties have concluded their written discovery and the deposition of Plaintiff has been taken. The 23 deposition of individual defendants and Persons Most Knowledgeable have been duly noticed and 24 scheduled. However, due to the scheduling conflicts of the Parties, the depositions cannot occur 25 prior to the discovery cut-off date of April 15, 2023. In the interest of preserving judicial 26 resources, the parties have stipulated that the scheduling order shall be amended as follows: Non- 27 Expert Discovery cut-off deadline is extended 60 days to allow for the depositions of Anthony Boler, Jonathan Houston, Eric Klockenbrink and Persons Most Knowledgeable as described in 28 1 Plaintiff’s Notice of Deposition of Costco Wholesale Corporation Pursuant to Fed. R. Civ. P. 2 30(b)(6) previously served on parties in this matter. 3 ARGUMENT 4 I. A Scheduling Order May Be Modified Upon the Moving Party’s Demonstration of Good Cause. 5 A district court has the inherent power to modify the due dates on its docket. This power 6 is “incidental to the power inherent in every court to control the disposition of cases on its docket 7 with economy of time and effort for itself, for counsel, and for litigants.” Landi v. N. Am. Co., 8 299 U.S. 248 (1936); Gold v. Johns-Manville Sales Corp., 723 F.2d 1068, 1077 (3d Cir. 1983) 9 (holding that every court has power to manage cases on its docket and to ensure fair and efficient 10 adjudication of the matter at hand). This discretion is in keeping with the district courts’ mandate 11 to construe and apply the Federal Rules of Civil Procedure to “secure the just, speedy, and 12 inexpensive determination of every action.” Fed. R. Civ. P. 1. 13 A Scheduling Order may be modified only upon a showing of good cause and by leave of 14 the Court. Fed. R. Civ. P. 16(b)(4). In considering whether a party moving for a schedule 15 modification has shown good cause, the court primarily focuses on the diligence of the party 16 seeking the modification. Johnson v. Mammoth Recreations, Inc. 975 F.2d 604, 609 (9th Cir. 17 1992)(citing Fed. R. Civ. P. 16, advisory committee’s notes of 1983 amendment). 18 II. Parties Have Shown Good Cause To Modify The Discovery And Scheduling Order. 19 RECITALS 20 WHEREAS, on December 2, 2022, The Court issued its Scheduling Order. In said Order, 21 there was no trial date set, however, the court issued a non-expert discovery cut-off date of April 22 15, 2023. Further, the Court ordered expert-discovery to be completed by August 15, 2023. 23 WHEREAS, written discovery has been completed by the Parties. 24 WHEREAS, there were technical difficulties with preparing video exhibits for the 25 depositions of defendants which caused an initial delay of noticing the depositions of the 26 individually named defendants in this action. City Defendant’s attorney, Sean Richmond and 27 Plaintiff’s attorney, Kellan Patterson, were able to resolve the issue on February 27, 2022. 28 1 WHEREAS, Plaintiff’s counsel (Kellan Patterson) was in trial from March 14 through 2 March 16, 2023, in Alameda County, California. 3 WHEREAS, Plaintiff duly noticed the depositions of defendants Eric Klockenbrink and 4 Costco Wholesale Corporation (Pursuant to Fed. R. Civ. P. 30(b)(6) to take place on April 13, 5 2023. 6 WHEREAS, Plaintiff duly noticed the depositions of defendants Jonathan Houston and 7 Anthony Boler to take place on April 14, 2023. 8 WHEREAS, Matthew Jaime, attorney for Mr. Klockenbrink and Costco Wholesale 9 Corporation, notified parties that he was unavailable for the dates. 10 WHEREAS, parties have agreed to allow the aforementioned depositions to take place on 11 or prior to June 15, 2023. 12 SO STIPULATED. 13 DATED: April 12, 2023 OFFICE OF THE SACRMAENTO CITY ATTORNEY 14 15 By: /s/ Sean Richmond 16 Sean Richmond Attorney for Defendant, City of Sacramento 17 18 DATED: April 12, 2023 LAW OFFICE OF MATTHENY SEARS LINKERT & 19 JAIME 20 21 By: /s/ Matthew C. Jaime Matthew C. Jaime 22 Attorney for Defendants, Costco Wholesale Corporation, Eric Klockenbrink 23 24 DATED: April 12, 2023 LAW OFFICE OF KELLAN PATTERSON 25 26 By: /s/ Kellan Patterson 27 Kellan Patterson Attorney for Plaintiff, Travis King 28 1 2 ORDER 3 Having carefully considered the parties’ stipulated request and good cause appearing, the 4 | court modifies the Scheduling Order as follows: 5 1. Non-expert discovery cut-off is extended to June 15, 2023 to allow the depositions of 6 Jonathan Houston, Anthony Boler, Eric Klockenbrink and Costco Wholesale Corporation 7 in accordance with Fed. R. Civ. P. 30(b)(6). 8 2. All previous deadlines will remain consistent with this court’s order issued on 9 December 2, 2022 (ECF No. 32). 10 IT IS SO ORDERED. /) /) i Dated: 04/14/2023 l / ( g / D CHIEF NT] ED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28