J.P. v. City of Stockton ( 2024 )

1 || DANA A. SUNTAG (State Bar #125127) JOSHUA J. STEVENS (State Bar #238105) 2 || ALEXANDER R. THOMAS (State Bar #350132) HERUM\CRABTREE\SUNTAG, LLP 3 1] 5757 Pacific Avenue, Suite 222 4 Stockton, California 95207 Telephone: (209) 472-7700 5 dsuntag @herumcrabtree.com stevens @herumcrabtree.com 6 athomas @herumcrabtree.com 7 || Attorneys for All Defendants UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 J.P., a minor, by and through CHANNY SOK- ) Case No.: 2:21-cv-00788-WBS-AC 11 || HANG as guardian, ) ) STIPULATION AND ORDER 12 Plaintiff, ) MODIFYING PRETRIAL SCHEDULING VS. ORDER, INCLUDING TRIAL DATE 13 ITY OF STOCKT 1. 14 C OF STOCKTON, et a [No hearing required] Defendants. ) 15 ) ) 16 ) ) 17 ) ) 18 ) 19 20 ) 21 |} __——CO—CCOC CCC) 22 23 24 25 26 27 28 M \CRABTREE \SUNTAG 1 This Stipulation is respectfully submitted by all named parties: Plaintiff J.P., by an 2 || through Channy Sok-Hang as guardian, on the one hand; and Defendants City of Stockton (als 3 || named as “Stockton Police Department”) (the “City”), Chief of Police Stanley McFadden, an 4 || Officer Jorge Andrade, on the other hand, all through their undersigned counsel of record. 5 RECITALS 6 A. On May 3, 2021, Plaintiff filed this lawsuit. B. On May 27, 2022, the Court issued a Status (Pretrial Scheduling) Orde 7 (ECF No. 52), scheduling a jury trial to begin on June 4, 2024. 8 C. On August 22, 2023, the parties submitted a stipulation and proposed order t ? modify ECF No. 52, which this Court granted by order issued on August 24, 2023. (See EC 10 |! No. 66.) 11 D. On June 6, 2024, the parties submitted a stipulation and proposed order to modif 12 || ECF No. 66, which this Court granted by order issued on June 7, 2024. (See ECF No. 76.) 13 E. Counsel have been diligently conducting discovery, which has included writte 14 || discovery, multiple depositions, and discovery of third parties. Further, on August 1, 2024, th 15 parties exchanged their expert disclosures and reports. 16 F, After conducting this discovery and exchanging expert reports, the parties hel several meet and confers, agreed to private mediation, agreed on a private mediator and hav "7 agreed to attend a private mediation on December 9, 2024. Extending the dates in the schedulin 18 order as this stipulation requests will afford the parties the opportunity to focus their efforts o 19 mediation and will also allow the parties to conserve attorney time, resources, and the costs 20 || related to expert discovery and dispositive motion practice. It will also advance the interest o 21 || judicial economy, by conserving the substantial judicial resources that will be expended o 22 || adjudicating any dispositive motions that may be filed. If the case cannot be resolved a 23 || mediation and litigation resumes, the parties agree that neither side will be prejudiced by th 74 || extension of the successive dates on the schedule. 5 G. Therefore, counsel request that all dates and deadlines in the Scheduling Order b %6 extended by approximately 120 days, with spacing between such dates to remain approximatel the same as in the operative Pretrial Scheduling Order (ECF No. 76), as set forth below. 28 H. When an act must be done within a specified time, the Court may, for good cause, \ SUNTAG extend the time with or without motion if the court acts, or a request is made, before the origina 1 || time expires. Fed. R. Civ. P. 6(b)(1)(A). With respect to an order setting forth the Court’s pretria 2 || schedule, “[t]he district court may modify the pretrial schedule ‘if it cannot be reasonably me 3 || despite the diligence of the party seeking the amendment.’” Johnson v. Mammoth Recreations, 4 || Inc., 975 F.2d 604, 609 (9th Cir. 1992). 5 STIPULATION 6 The parties respectfully request the Court modify the Scheduling Order as follows: 8 Disclosure of Rebuttal Experts 10/1/2024 2/3/25 ? Cutoff of All Discovery 11/1/2024 3/3/25 10 || | Motion filing Cutoff Date 1/15/2025 5/8/25 11 Final Pretrial Conference 4/21/2025 7/28/2025 at 1:30 p.m. 12 Trial 6/24/2025 9/23/2025 at 9:00 am 13 Based on the foregoing, the parties respectfully request that the Court so order thi 1S stipulation. 16 Respectfully Submitted, |! Dated: September 20, 2024 HERUM CRABTREE SUNTAG, LLP 18 19 By:_4s/ loshua J. Stevens JOSHUA J. STEVENS 20 Attorneys for all Defendants 21 || Dated September 20, 2024 LAW OFFICE OF YOLANDA HUANG 22 By: —/s/ Yolanda Huang 23 YOLANDA HUANG Attorney for Plaintiff 24 25 26 27 28 M \CRABTREE \SUNTAG 1 SIGNATURE ATTESTATION 2 Pursuant to Eastern District of California Local Rule 131(e), I attest that I obtaine 3 || authorization to place Plaintiff’s counsel’s e-signature on this document and to file this documen 4 || with the Court. 5 By: /s/ - Joshua J. Stevens 6 Joshua J. Stevens 7 ORDER 8 The Court, having considered the parties’ stipulation, and good cause appearing, rules a 9 || follows: 10 IT IS ORDERED that the relief the stipulation requests is GRANTED. The operativ: 11 Scheduling Order is modified as follows: 12 17 Trial 9/23/2025 at 9:00 am 19 20 IT IS FURTHER ORDERED that the parties shall file a joint updated status report no later than December 19, 2024. 22 || Dated: September 20, 2024 ehh A, ha bee 3 WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE 24 25 26 27 28 M \SUNTAG \