Soto v. County of Sacramento

1 LONGYEAR & LAVRA, LLP Van Longyear, CSB No.: 84189 Nicole M. Cahill, CSB No.: 287165 3620 American River Drive, Suite 230 Sacramento, CA 95864 Phone: 916-974-8500 Facsimile: 916-974-8510 Attorneys for Defendants, County of Sacramento, Deputy Blake Grinder, Deputy Kenneth Lloyd, Deputy John Higley, Deputy Andrew Garside, Sgt. Kelley Bunn, Sgt. Gregory Johnson, Sgt. Charles Gailey and Sheriff Scott Jones Jeremy I. Lessem, Esq. SBN: 213406 Lessem, Newstat & Tooson, LLP 3450 Cahuenga Blvd W., Ste 102 Los Angeles, CA 90068 T: 818-582-3087 F: 818-484-3087 Karen C. Joynt, SBN 206332 Law Office of Karen Joynt 222 S. Lake Ave., Ste. 300 Pasadena, CA 91101 Attorneys for Plaintiffs XAVIER BECERRA, State Bar No. 118517 Attorney General of California ALBERTO L. GONZALEZ, State Bar No. 117605 Supervising Deputy Attorney General MATTHEW W. ROMAN, State Bar No. 267717 Deputy Attorney General JOHN C. BRIDGES, State Bar No. 248553 Deputy Attorney General 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: (916)210-7529 Fax: (916)322-8288 Attorneys for Defendant California Highway Patrol Officer Greg White PORTER SCOTT A PROFESSIONAL CORPORATION Carl L. Fessenden, SBN 161494 Suli A. Mastorakos, SBN 330383 350 University Ave., Suite 200 Sacramento, CA 95825 TEL: 916.929.1481 FAX: 916.927.3706 Attorneys for Defendant Patricia Robinson-Hard UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION SILVIA SOTO, an individual, LATANYA ) Case No.: 2:19-cv-00910-TLN-DB ANDREWS, an individual, MARCELO M.S., ) minor, and MARLENIE M.S., a minor, by and ) STIPULATED REQUEST TO MODIFY through their guardian ad litem, SILVIA ) SCHEDULING ORDER TO EXTEND SOTO, in each case both individually and as ) DEADLINES FOR FACT DISCOVERY successors-in-interest to the ESTATE OF ) CUT OFF AND ORDER MARSHALL MILES, Deceased, ) ) 8 Plaintiffs ) ) v. ) ) COUNTY OF SACRAMENTO, BLAKE ) GRINDER, KENNETH LLOYD, JOHN ) HIGLEY, ISRAEL HERNANDEZ, FNU ) JENNINGS, ANDREW GARSIDE, GREG ) WHITE, KELLEY BUNN, CHARLES ) GAILEY, SCOTT JONES and DOES 1 ) through 100, inclusive, ) ) 14 Defendants. ) ) Under Federal Rules of Civil Procedure 16(b)(1)(A) and Local Rule 143, the parties, through counsel, stipulate to and hereby request a modification of this Court’s scheduling order.

Pursuant to the Court’s Initial Scheduling Order (ECF No. 4), the current schedule is as follows:  Fact discovery cut off: January 8, 2021  Expert witness disclosure: March 9, 2021  Supplemental expert disclosure: April 8, 2021  Dispositive motion deadline: July 7, 2021 The parties in this case request an extension only as to the fact discovery cut off. The parties request that the current deadline of January 8, 20201 be extended until February 5, 2021. No other modifications are sought at this time. The parties request all other deadlines remain in effect.

A scheduling order may only be modified upon a showing of good cause and by leave of Court. Fed. R. Civ. Proc. 6(b)(1)(A); Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). In considering whether a party moving for a schedule modification has good cause, the Court primarily focuses on the diligence of the party seeking the modification. Johnson, 975 F.2d at 609.

3 The parties have worked diligently in litigating this matter. The parties have conducted numerous depositions in addition to multiple sets of written discovery. Plaintiffs served a Rule 30(b)(6) deposition notice to Defendant County of Sacramento on December 2, 2020 seeking a deponent to testify as to a range of topics, including policy revision procedures and specific training in six categories received by six of the County’s employees. The parties also attended a mediation on December 16, 2020. Due to the holidays, the ongoing COVID-19 pandemic, the intervening mediation, and the availability of witnesses and counsel, the parties agree to and request the Court order an extension of fact discovery. The extension would allow the Rule 30(b)(6) depositions to move forward and any additional discovery that may be required. The parties have not previously sought a modification of the scheduling order and the requested extension will not affect any other deadline in the Court’s scheduling order.

14 For these reasons, good cause exists to modify the fact discovery cut off deadline. The parties therefore agree and request the fact discovery cut off be extended to February 5, 2021.

16 IT IS SO STIPULATED.

17 Dated: December 30, 2020 LONGYEAR & LAVRA, LLP By: /s/ Nicole M. Cahill 19 VAN LONGYEAR NICOLE M. CAHILL 20 Attorneys for Defendants, County of Sacramento, Deputy Blake Grinder, 21 Deputy Kenneth Lloyd, Deputy John Higley, Deputy Israel Hernandez, Deputy Jacqueline 22 Jennings, Deputy Andrew Garside, Sgt. Kelley Bunn, Sgt. Charles Gailey and Sheriff Scott Jones Dated: December 30, 2020 LESSEM, NEWSTAT & TOOSON, LLP 25 By: /s/ Jeremy I. Lessem JEREMY I. LESSEM 26 Attorneys for Plaintiffs / / / / / / Dated: December 30, 2020 LAW OFFICE OF KAREN JOYNT By: /s/Karen Joynt 3 KAREN JOYNT Attorneys for Plaintiffs Dated: December 30, 2020 OFFICE OF THE ATTORNEY GENERAL 6 By: /s/Matthew W. Roman JOHN C. BRIDGES 7 MATTHEW W. ROMAN Attorneys for defendant 8 Officer White Dated: December 30, 2020 PORTER SCOTT A PROFESSIONAL CORPORATION 11 By: /s/ Carl L. Fessenden CARL L. FESSENDEN 12 SULI A. MASTORAKOS Attorneys for Defendant 13 Patricia Robinson-Hard

18 ORDER 19 Good cause appearing, the parties’ stipulated request to modify the Court’s Scheduling Order (ECF No. 4) is GRANTED.

21 The parties may conduct discovery until February 5, 2021. All other deadlines remain in effect.

DATED: December 30, 2020