[GSA] Latoya McKenzie, et al. vs. Kern County, et al.
Filing
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STIPULATION and ORDER to continue discovery and all subsequent dates. Non expert discovery 8/1/2011; Expert Discovery 10/17/2011; Plaintiff's disclosure 8/8/2011; Defendants disclosure 8/18/2011; Supplemental Disclosure 9/2/2011; Dispositive Mot ions filed by 11/17/2011; Hearing 1/9/2012; Non-Dispositive Motions filed by 10/21/2011; Hearing 11/21/2011; Settlement Conference set for 9/29/2011 at 10:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck; Pretrial Conference set for 2/24/2012 at 08:30 AM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii; Jury Trial set for 5/15/2012 at 09:00 AM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. Order signed by Magistrate Judge Dennis L. Beck on 6/23/2011. (Hernandez, M)
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FEDERICO CASTELAN SAYRE, ESQ., SBN 067420
sayreesq@sayrelevitt.com
TYLER RICHARD DOWDALL, ESQ., SBN 258950
tdowdall@sayrelevitt.com
SAYRE & LEVITT, LLP
900 N. BROADWAY, 4th FLOOR
SANTA ANA, CALIFORNIA 92701-3452
Phone (714) 550-9117
Facsimile (714) 550-9125
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Attorneys for Plaintiffs:
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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LATOYA MCKENZIE, et al.
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Plaintiffs
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v.
Sayre & Levitt, LLP
900 N. Broadway, Fourth Floor
Santa Ana, CA 92701
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KERN COUNTY, et al
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Defendants.
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CASE NUMBER:
09-CV-01658-AWI-DLB
Assigned to Magistrate Judge
Dennis L. Beck
STIPULATION TO CONTINUE
DISCOVERY AND ALL
SUBSEQUENT DATES BY ONE
MONTH and ORDER THEREON
Pre-Trial Conference: Nov. 18, 2011
Trial: January 31, 2012
COME NOW, the Parties herein, by and through their respective counsel of
record, Tyler R. Dowdall, Esq. of SAYRE & LEVITT, LLP for Plaintiffs LaToya
McKenzie, Brenda McKenzie, Chastity McKenzie, Rory McKenzie, Jr., Zilah
Peeples, Amiya McKenzie, Zikirah Harris, Jamarri Joiner and the Estate of Rory
McKenzie (hereinafter collectively “Plaintiffs”); Andrew C. Thomson, Deputy,
Office of Kern County Counsel, for Defendants County of Kern, Kern County
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Sheriff’s Office, Otis Whinery, Douglas Jauch, Edward Tucker and Patrick Neal
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(hereinafter collectively “Kern Defendants”); and Mildred K. O'Linn, Esq. of
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Manning & Kass, Ellrod, Ramirez, Trester, counsel for Defendant TASER
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STIPULATION TO CONTINUE DISCOVERY CUT-OFF AND RELATED DATES
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International, Inc. with the authority of their respective clients, hereby stipulate as
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follows:
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GOOD CAUSE STATEMENT
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1.
The parties have repeatedly met and conferred regarding various
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issues and potential conflicts regarding discovery in this matter in an effort to
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informally resolve these matters.
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2.
Former Kern County Coroner's Forensic Pathologist Dr. Joseph
Pestaner currently resides in the State of Maryland and works in Washington, D.C.
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Dr. Pestaner conducted an autopsy of Plaintiffs' decedent, Rory McKenzie, on July
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3, 2009. In light of the fact that medical issues related to causation are key issues
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in this action, and in light of the state of the testimony from other percipient
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witnesses related to these issues, Dr. Pestaner's testimony is highly material to this
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case.
Sayre & Levitt, LLP
900 N. Broadway, Fourth Floor
Santa Ana, CA 92701
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3.
Plaintiffs have been informed that Dr. Pestaner has been subpoenaed
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to testify in a Federal action in the final week of June 2011. Plaintiffs are serving a
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deposition subpoena on Dr. Pestaner with a deposition date of July 1, 2011,
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however, Plaintiffs report that because Dr. Pestaner is expected to be testifying in a
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federal trial, plaintiffs anticipate Dr. Pestaner will be unavailable to testify July 1,
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2011.
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4.
Plaintiffs have been informed that Dr. Pestaner has advised he has
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more flexibility in July 2011. In particular, Dr. Pestaner reports to plaintiffs that
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the week of July 11, 2011 is presently open for deposition.
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5.
In order to accommodate the schedule of Dr. Pestaner, the parties
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agree that an additional one (1) month of fact discovery is appropriate for the
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completion of discovery. However, Defendant TASER will only stipulate to a
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continuance of discovery deadlines if all case management deadlines -- including
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STIPULATION TO CONTINUE DISCOVERY CUT-OFF AND RELATED DATES
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expert disclosures, dispositive motions, and trial -- are also continued by an
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equivalent amount of time.
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6.
Based upon the foregoing, good cause exists for a one (1) month
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continuance of the discovery cut-off and all subsequent dates, including the trial
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date.
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The parties propose a new trial date in May 2012.
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The parties respectfully request the Court's consideration of this
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request.
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Defendant TASER maintains that, in light of the complex and highly
technical causation and medical/scientific facts at issue in Plaintiffs' product
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liability claims, a staggered discovery-disclosure and related motion case
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management schedule, comparable to the case management schedule adopted by
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the Court on May 4, 2010 (Dkt. Doc. 68), and on January 21, 2011 (Dkt. Doc. 80)
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is essential to prevent undue prejudice to defendant TASER. TASER hereby
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incorporates by reference here all of its arguments on this issue as stated in the
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Joint Case Management Statement. (See Dkt. Doc. 66 at 8:1-10:20).
Sayre & Levitt, LLP
900 N. Broadway, Fourth Floor
Santa Ana, CA 92701
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Additionally, the Deposition of LaToya McKenzie was scheduled for
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June 7, 2011, but Ms. McKenzie failed to attend. The Parties have been attempting
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to informally resolve the associated discovery issues and have proposed to
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reschedule the deposition of Ms. McKenzie for June 30, 2011, but the date has yet
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to be confirmed by Plaintiffs' counsel.
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STIPULATION FOR CONTINUANCE AND MODIFICATION
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TASER's stipulation to any modification of the Court's operative case
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management scheduling order (Dkt. Doc. 68, 73, 80) is conditional upon such
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modification continuing all case management dates and deadlines, including all
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pretrial discovery-disclosure and motion deadlines, in such a manner that the case
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STIPULATION TO CONTINUE DISCOVERY CUT-OFF AND RELATED DATES
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management schedule is modified to emulate the sequence and timing of pretrial
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discovery-disclosure and motion deadlines, and their relationship to the trial date,
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as is embodied in the current operative case management schedule. TASER does
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not stipulate to any continuance of any deadlines that does not emulate the current
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sequence and timing of discovery, disclosures, motions and trial.
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In light of the foregoing, the Parties hereby stipulate that Good Cause
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exists, and the parties respectfully request the Court, to modify the operative case
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management scheduling order(s) (Dkt. Doc. 68, 73, 80) as follows:
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DISCOVERY DEADLINES:
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CURRENT DATES:
Initial Disclosures:
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cut-off:
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cut-off:
No modification
July 1, 2011
August 1, 2011
September 16, 2011
October 17, 2011
July 8, 2011
August 8, 2011
Expert Discovery
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Completed
Non-expert Discovery
Sayre & Levitt, LLP
900 N. Broadway, Fourth Floor
Santa Ana, CA 92701
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PROPOSED DATES:
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Expert Disclosures
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Plaintiffs' Disclosure:
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Defendants' Disclosure: July 18, 2011
August 18, 2011
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Supplemental Disclosure:August 2, 1011
September 2, 2011
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Non-Dispositive Motion Deadlines:
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Filing:
September 21, 2011
October 21, 2011
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Hearing:
October 21, 2011
November 21, 2011
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Dispositive Motion Deadlines:
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Filing:
October 17, 2011
November 17, 2011
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Hearing:
December 9, 2011
January 9, 2012
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STIPULATION TO CONTINUE DISCOVERY CUT-OFF AND RELATED DATES
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Settlement Conference: August 29, 2011
September 29, 2011 at 10:00
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Pretrial Conference:
January 20, 2012
February 24, 2012
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Trial:
April 10, 2012
May 15, 2012
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IT IS HEREBY STIPULATED.
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DATED: June 22, 2011
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SAYRE & LEVITT, LLP
By: _/s/ Tyler R. Dowdall_________
Federico C. Sayre
Tyler R. Dowdall
Attorneys for Plaintiffs
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Sayre & Levitt, LLP
900 N. Broadway, Fourth Floor
Santa Ana, CA 92701
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DATED: June 22, 2011
OFFICE OF COUNTY COUNSEL
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By: _/s/ Andrew C. Thomson via email auth
Andrew C. Thomson, Deputy
Attorneys for Kern Defendants
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DATED: June 22, 2011
MANNING & KASS, ELLROD,
RAMIREZ, TRESTER, LLP
By: __/s/ Mildred K. O'Linn via email auth
Mildred K. O’Linn
Tony M. Sain
Attorneys for Defendants TASER
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STIPULATION TO CONTINUE DISCOVERY CUT-OFF AND RELATED DATES
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ORDER
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Pursuant to the aforementioned Stipulation of the Parties, and Good Cause
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appearing therefore, the aforementioned stipulated proposed dates and deadlines
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are hereby adopted and the case management schedule for the above entitled
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matter is hereby modified accordingly.
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IT IS SO ORDERED.
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Dated:
/s/ Dennis
June 23, 2011
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L. Beck
UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:
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3b142a
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Sayre & Levitt, LLP
900 N. Broadway, Fourth Floor
Santa Ana, CA 92701
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[PROPOSED] ORDER TO CONTINUE DISCOVERY CUT-OFF AND RELATED DATES
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