Walker v. County of Santa Clara et al
Filing
111
REVISED STIPULATION AND ORDER RE 110 MODIFYING THE CASE MANAGEMENT SCHEDULING ORDER. Further Case Management Conference set for 11/8/2012 10:00 AM; Pretrial Conference set for 11/21/2013 10:00 AM; Jury Selection set for 12/9/2013 08:30 AM; Jury Trial set for 12/9/2013 08:30 AM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 8/21/12. (cl, COURT STAFF) (Filed on 8/21/2012)
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LORI E. PEGG, Acting County Counsel (S.B. #129073)
GREGORY J. SEBASTINELLI, Deputy County Counsel (S.B. #104884)
OFFICE OF THE COUNTY COUNSEL
70 West Hedding Street, East Wing, Ninth Floor
San Jose, California 95110-1770
Telephone: (408) 299-5900
Facsimile: (408) 292-7240
Attorneys for Defendants
COUNTY OF SANTA CLARA and its
SANTA CLARA VALLEY MEDICAL
CENTER, HOLLISTER BREWSTER, M.D.,
ALFONSO BANUELOS, M.D.,
DOLLY GOEL, M.D., and
PETER GREGOR, M.D.
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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
(San Francisco)
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THRESSA WALKER et al.,
Plaintiffs,
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v.
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COUNTY OF SANTA CLARA et al.,
No.
10-CV-04668 RS
REVISED STIPULATION AND
[PROPOSED] ORDER MODIFYING THE
CASE MANAGEMENT SCHEDULING
ORDER
Defendants.
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The parties stipulate and agree to an order modifying the Case Management Scheduling
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Order to allow preparation for and participation in a third mediation session presently scheduled for
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October 11, 2012. This is a second request to modify the initial Case Management Scheduling
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Order. If this third mediation session is unsuccessful in resolving the claims of Plaintiffs Geeta
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Singh, M.D. (“Singh”) and/or Kai Ihnken, M.D. (“Ihnken”), the parties are respectfully requesting
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additional time to complete extensive discovery, file dispositive motions, and otherwise prepare for
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trial.
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The respective parties believe good cause exists for further modifying the Case Management
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Scheduling Order. There has been a concerted effort to avoid expensive, time-consuming discovery
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and instead focus on the prospect of settlement. The parties participated in a private mediation
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Revised Stipulation and [Proposed] Order Modifying
the Case Management Scheduling Order
10-CV-04668 RS
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session with Attorney Charles F. Hawkins on February 27 and 28, 2012, and made significant
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progress toward negotiating a resolution. At the initial Case Management Conference before Judge
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Richard Seeborg on March 22, 2012, the parties advised there was a strong interest in pursuing a
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further mediation session with Mr. Hawkins. That further session occurred on May 2, 2012, which
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served to resolve the claims of Plaintiff Thressa Walker, but not the claims of Singh and Ihnken.
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As of the second Case Management Conference held on July 19, 2012, the parties continued
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to privately converse with Mr. Hawkins, but did not anticipate any further mediation session. The
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parties had re-engaged in written and deposition discovery, and respectfully requested that the Court
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consider extending for a short time discovery and dispositive motion-related dates in its initial Case
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Management Scheduling Order dated March 23, 2012. After meeting and conferring, the parties
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believed that necessary non-expert discovery would require approximately five months to complete,
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and therefore requested that non-expert discovery close on December 28, 2012, expert discovery
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take place during January/February 2013, and dispositive motions be heard by March 7, 2013. There
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was no request to change the trial date of May 13, 2013. The Court favorably considered this
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request and issued its second Case Management Scheduling Order on July 20, 2012.
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Following July 20, 2012, and while engaged in written and deposition discovery, Singh and
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Ihnken communicated lowered settlement demands signed by the respective Plaintiffs. These
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lowered demands encouraged the County Defendants to return to the bargaining table and agree to
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participate in a further mediation session with Mr. Hawkins. Unfortunately, the parties are unable to
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secure a mediation date with Mr. Hawkins before he leaves for a European vacation on August 28,
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and he is not scheduled to return until September 24, 2012. Thus far, Mr. Hawkins has expended
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over 40 hours in two mediation sessions and in numerous telephone conferences. As the Court can
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well appreciate, the parties have invested considerable time and money in the skilled efforts of Mr.
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Hawkins and do not wish to retain an alternate mediator. And, at present the first available date for
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mediation following Mr. Hawkins’s return is October 11, 2012.
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In the event the Court favorably considers this request to further modify the Case
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Management Scheduling Order, the parties intend to enter into a “Stand-Still” agreement respecting
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discovery until completion of this third mediation session. Such an agreement will avoid Plaintiffs
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Revised Stipulation and [Proposed] Order Modifying
the Case Management Scheduling Order
10-CV-04668 RS
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incurring further attorneys’ fees and avoid the County further depleting its self-insured insurance
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retention.
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Another factor weighing in favor of approving this proposed modification is that the parties
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already have trials scheduled with one another for April 29, 2013 (Burrell, et al. v. County of Santa
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Clara, Case No. CV11-04569 LHK, before United States District Judge Lucy H. Koh) and May 6,
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2013 (Song, et al. v. County of Santa Clara, Case No. CV11-04450 EJD before United States
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District Judge Edward J. Davila), and if either of these cases proceed to trial this case will likely be
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continued to a later date.
The following provides the Court with the pertinent dates respecting the initial and second
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Case Management Scheduling Orders, and what the parties now propose:
Event
Initial Case
Management
Scheduling Order
Second Case
Management
Scheduling Order
Further Case Management
Conference
07/19/12
10/25/12
Complete Non-Expert
Discovery
10/26/12
12/28/12
05/17/13
Plaintiffs’ Expert
Disclosure
11/15/12
01/17/13
06/07/13
Defendants’ Expert
Disclosure
11/30/12
02/01/13
06/28/13
Complete Expert
Discovery
12/21/12
02/22/13
07/19/13
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Last Date to Hear Pretrial
Motions
02/21/13
03/07/13
09/19/13
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Pretrial Statements
04/18/13
04/18/13
11/14/13
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Pretrial Conference
04/25/13
04/25/13
11/21/13
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Trial Date
05/13/13
05/13/13
12/09/13
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Proposed Case
Management
Scheduling Order
Nov./Dec. 2012
November 8, 2012
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//
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Revised Stipulation and [Proposed] Order Modifying
the Case Management Scheduling Order
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10-CV-04668 RS
I hereby attest that I have on file all holograph signatures for any signatures indicated by a
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“conformed” signature (/S/) within this efiled document.
LORI E. PEGG
ACTING COUNTY COUNSEL
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By:
Dated: August 20, 2012
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/S/
GREGORY J. SEBASTINELLI
Deputy County Counsel
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Attorneys for Defendants
COUNTY OF SANTA CLARA and its
SANTA CLARA VALLEY MEDICAL
CENTER, HOLLISTER BREWSTER, M.D.,
ALFONSO BANUELOS, M.D.,
DOLLY GOEL, M.D., and
PETER GREGOR, M.D.
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LAW OFFICES OF BONNER & BONNER
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Dated: August 20, 2012
By:
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/S/
A. CABRAL BONNER, ESQ.
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Attorneys for Plaintiffs
GEETA SINGH, M.D., and KAI IHNKEN, M.D.
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[PROPOSED] ORDER
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IT IS SO ORDERED that dates and deadlines set forth in the initial Case Management
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Scheduling Order dated March 23, 2012 and the second (supplemental) Case Management
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Scheduling Order dated July 20, 2012 are vacated, and new dates and deadlines will be set forth in a
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third Case Management Scheduling Order issued shortly hereafter.
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8/21/12
Dated: _________________
_______________________________
RICHARD SEEBORG
United States District Court Judge
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627301.DOC
Revised Stipulation and [Proposed] Order Modifying
the Case Management Scheduling Order
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10-CV-04668 RS
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