Blanton v. County of Sacramento et al

Filing 26

STIPULATION and ORDER 25 to Amend the Scheduling Order, signed by Judge Morrison C. England, Jr., on 6/28/11. No new discovery will be propounded after 7/5/11; depositions properly noticed prior to the current discovery deadline of 8/4/11 may be ta ken up to 60 days following said deadline to accommodate scheduling conflicts; the discovery cutoff for obtaining and enforcing discovery motions related to depositions as identified within paragraph 2 above shall be 60 days following the final deposition, and all other discovery, including any motions related to any written discovery, are subject to the current discovery cut off of 8/4/11.(Kastilahn, A).

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1 4 ANTHONY T. CASO, No. 88561 Law Office of Anthony T. Caso 8001 Folsom Boulevard, Suite 100 Sacramento, California 95826 Telephone: (916) 386-4432 Facsimile: (916) 307-5164 E-Mail: tom@caso-law.com 5 Attorney for David Blanton 6 LONGYEAR, O’DEA AND LAVRA, LLP John A. Lavra, CSB No. 114533 Jeri L. Pappone, CSB No. 210104 Amy B. Lindsey-Doyle CSB No. 242205 3620 American River Drive, Suite 230 Sacramento, CA 95864 Telephone: (916) 974-8500 2 3 7 8 9 10 11 Attorneys for Defendants County of Sacramento, Sacramento County Sheriff’s Department, Chris Bittle, Donald Bricker, and Kenneth King 12 UNITED STATES DISTRICT COURT 13 EASTERN DISTRICT OF CALIFORNIA 14 15 DAVID BLANTON, 16 17 18 19 20 21 ) Case No.: 2:09-CV-01832-MCE-KJM ) Plaintiff, ) ) STIPULATION AND ORDER TO AMEND v. ) THE SCHEDULING ORDER ) COUNTY OF SACRAMENTO, ) . SACRAMENTO COUNTY SHERIFF’S ) DEPARTMENT, CHRIS BITTLE, DONALD ) BRICKER, KENNETH KING, and ) CRYSTAL FISCHER BRADNAX, ) Defendants. ) ) 22 23 24 Plaintiff and Defendants County of Sacramento (erroneously sued as the Sacramento County 25 Sheriff’s Department), Chris Bittle, Donald Bricker and Kenneth King by and through their 26 respective counsel hereby stipulate and request changes to the current Status ( Pretrial Scheduling) 27 Order. Defendant Crystal Fischer Bradnax was served via substituted service on September 23, 28 2010, and has yet to appear in this action. Stipulation to Amend Scheduling Order – No. 2:09-CV-01832-MCE-KJM 1 1 Good cause exists for the modification to permit the Plaintiff to take properly noticed 2 depositions that due to scheduling conflicts of the parties and their counsel cannot occur until after 3 the current discovery deadline of August 4. Defendants have already conducted written discovery 4 and taken the deposition of Plaintiff, thereby completing its intended discovery. Plaintiff has timely 5 propounded his written discovery and timely noticed certain depositions. Counsel have met and 6 conferred and in accommodation of the witnesses schedules and the schedules of counsel, the 7 properly noticed depositions cannot occur until after August 4. 8 9 In order to facilitate agreement between the parties on the scheduling of remaining depositions, the parties stipulate to a change in the court’s scheduling order as follows: 10 1. No new discovery will be propounded after July 5, 2011. 11 2. Depositions properly noticed prior to the current discovery deadline of August 4, 2011 12 may be taken after said deadline to accommodate scheduling conflicts; 13 3. The discovery cutoff for obtaining and enforcing discovery motions related to depositions 14 15 16 as identified within paragraph 2 above shall be 60 days following the final deposition. 4. All other discovery, including any motions related to any written discovery are subject to the current discovery cut off of August 4, 2011. 17 18 DATED: June 24, 2011. 19 Respectfully submitted, 20 ANTHONY T. CASO 21 /s/ ANTHONY T. CASO Attorney for Plaintiff 22 23 LONGYEAR, O’DEA AND LAVRA, LLP 24 /s JOHN LAVRA Attorneys for Defendants, County of Sacramento, Chris Bittle, Donald Bricker, and Kenneth King 25 26 27 28 Stipulation to Amend Scheduling Order – No. 2:09-CV-01832-MCE-KJM 2 1 ORDER 2 3 4 Based on the stipulation between the parties, the scheduling order is hereby amended as follows: 5 1. No new discovery will be propounded after July 5, 2011. 6 2. Depositions properly noticed prior to the current discovery deadline of August 4, 2011 7 may be taken up to sixty (60) days following said deadline to accommodate scheduling 8 conflicts; 9 3. The discovery cutoff for obtaining and enforcing discovery motions related to depositions 10 11 12 13 14 as identified within paragraph 2 above shall be sixty (60) days following the final deposition. 4. All other discovery, including any motions related to any written discovery, are subject to the current discovery cut off of August 4, 2011. IT IS SO ORDERED. DATE: June 28, 2011 15 ______________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation to Amend Scheduling Order – No. 2:09-CV-01832-MCE-KJM 3

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