Perez v. County of Sacramento ( 2022 )

1 LONGYEAR & LAVRA, LLP Van Longyear, CSB No.: 84189 2 Nicole M. Cahill, CSB No.: 287165 Ashley M. Calvillo, CSB No.: 340128 3 555 University Avenue, Suite 280 Sacramento, CA 95825 4 Phone: 916-974-8500 Facsimile: 916-974-8510 5 Emails: longyear@longyearlaw.com cahill@longyearlaw.com 6 calvillo@longyearlaw.com 7 Attorneys for Defendant, County of Sacramento 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 Order to Modify the Scheduling Order (ECF No. 12) the current schedule 24 is as follows: 25  Fact discovery cut off: May 25, 2022 26  Expert witness disclosure: July 25, 2022 27  Supplemental expert disclosure: August 22, 2022 28  Dispositive motion deadline: November 22, 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 May 25, 2022, be extended until June 30, 3 2022. The respective deadlines would thus be as follows: 4 o Fact discovery cut off: June 30, 2022 5 o Expert witness disclosure: July 25, 2022 6 o Supplemental expert disclosure: August 22, 2022 7 o Dispositive motion deadline: November 22, 2022 8 A scheduling order may only be modified upon a showing of good cause and by leave of 9 Court. Fed. R. Civ. Proc. 6(b)(1)(A); Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 10 (9th Cir. 1992). In considering whether a party moving for a schedule modification has good 11 cause, the Court primarily focuses on the diligence of the party seeking the modification. Johnson, 12 975 F.2d at 609. 13 Plaintiff, Mitra Holley, has twice appeared for a scheduled deposition. The first deposition 14 was noticed and scheduled for May 18, 2022, at 10:00 AM, by way of Zoom. This deposition was 15 not completed, because neither the court reporter, defense counsel, nor the videographer could 16 hear or understand Ms. Holley well enough to make an accurate record. The deposition was 17 adjourned until May 25, 2022, with the hopes that her condition would improve. That deposition 18 was noticed accordingly. 19 Unfortunately, the voice issues remained unchanged. The extent, or permanency, of Ms. 20 Holley’s condition remains unknown. In any event, the Parties agreed to reschedule and conduct 21 the deposition a third time, by June 30, 2022, subject to court approval. If the deposition is unable 22 to be completed by Zoom, at defense counsel’s discretion, the Parties have agreed to complete the 23 deposition by alternative means – likely by way of written questions. 24 In order to complete the deposition, the Parties seek a modification of the current 25 scheduling order. The Parties agreed to request an extension and modification of the Scheduling 26 Order, to allow for the completion of Ms. Holley’s deposition, only. The parties have previously 27 exchanged written discovery, and the depositions of all other Plaintiffs have been completed. 28 / / / 1 For these reasons, good cause exists to modify the fact discovery cut off deadline. 2 IT IS SO STIPULATED. 3 4 Dated: May 31, 2022 LONGYEAR & LAVRA, LLP 5 By: /s/ Ashley M. Calvillo 6 VAN LONGYEAR NICOLE M. CAHILL 7 ASHLEY M. CALVILLO Attorneys for Defendant, 8 County of Sacramento 9 Dated: May 31, 2022 LAW OFFICES OF TED A. GREENE, INC. 10 By: /s/ Ted A. Greene [authorized on 5-31-22] 11 TED A. GREENE Attorneys for Plaintiff, 12 Kimberly Perez 13 14 Dated: May 31, 2022 THE GORDON LAW FIRM 15 By: /s/ Chris Gordon [authorized on 5-31-22] 16 CHRIS GORDON Attorneys for Plaintiffs, 17 Maurice Holley, Jr., Angel Holley and Mitra Holley 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. 12) is GRANTED. 4 The relevant deadlines are ordered as follows: 5 o Fact discovery cut off: June 30, 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 □□ /) || DATED: May 31, 2022 “ / of Lo 12 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