(PS) Geiger v. County of Sacramento

LONGYEAR & LAVRA, LLP Van Longyear, CSB No.: 84189 Nicole M. Cahill, CSB No.: 287165 Denny Yu, CSB No.: 345213 University Avenue, Suite 280 Sacramento, CA 95825 Phone: 916-974-8500 Facsimile: 916-974-8510 Emails: [email protected] 5 [email protected] [email protected] Attorneys for Defendant, COUNTY OF SACRAMENTO (erroneously sued herein as “Sacramento County Sheriff’s Department”) 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

13 YAPHETTE GEIGER; JETHRO GEIGER; ) Case No.: 2:22-CV-00043-JAM-DB K.S., a minor, by and through their Guardian, ) BRANDIE SMITH; K.G., a minor, by and ) AMENDED JOINT STIPULATION AND through their Guardian, BRANDI SMITH; and ) ORDER TO MODIFY SCHEDULING N.G., a minor, by and through their Guardian, ) ORDER ASIA LEE HERON; and JW GEIGER ) 16 ) Plaintiffs ) 17 ) v. ) 18 ) COUNTY OF SACRAMENTO, ) SACRAMENTO COUNTY SHERIFF’S ) DEPARTMENT and DOES 1 through 100, ) inclusive, ) ) 21 Defendants. ) 23 Plaintiffs Yaphette Geiger; Jethro Geiger; K.S., by and through their Guardian Brandi Smith; K.G. by and through their Guardian Brandi Smith; and N.G. by and through their Guardian Asia Lee Heron, and JW Geiger (hereinafter “Plaintiffs”) and Defendant COUNTY OF SACRAMENTO (hereinafter “Defendants”), by and through their counsel of record (collectively “Parties”), hereby stipulate and request that the Court continue discovery and the pre-trial deadlines in this matter. Pursuant to the current scheduling order (ECF No. 16), the current schedule is as follows: 3  Expert Disclosure: June 27, 2023 4  Supplemental Expert Disclosure: July 27, 2023 5  Discovery Cutoff: September 25, 2023 6  Dispositive Motion Deadline: November 17, 2023 7  Hearing on Dispositive Motions: January 23, 2024 8  Pretrial Conference: March 1, 2024 9  Trial: April 15, 2024 10 The parties in this case request an extension of all deadlines by approximately sixty days.

11 Accordingly, the respective deadlines would be as follows: 12  Expert Disclosure: September 29, 2023 13  Supplemental Expert Disclosure: October 13, 2023 14  Discovery Cutoff: November 24, 2023 15  Dispositive Motion Deadline: January 19, 2024 16  Hearing on Dispositive Motions: March 26, 2024 at 1:30 p.m.

17  Pretrial Conference: May 17, 2024 at 10:00 a.m.

18  Trial: July 1, 2024 at 9:00 a.m.

19 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, district courts primarily focus on the diligence of the party seeking the modification. 23 Johnson, 975 F.2d at 609. Here, the parties have exchanged initial Rule 26 disclosures, consisting of over one thousand pages of documents, photos, witness statements, and hours of video and audio footage, including surveillance video depicting portions of the incident. After review of disclosures, the parties opted to attempt to resolve the matter before engaging in costly discovery. Those efforts have failed to yield successful results. Defendants have noticed the depositions of the Plaintiffs for April; however, Plaintiffs’ counsel has represented they are unavailable for deposition in the next few weeks. Defendant requires the deposition of the Plaintiffs prior to expert disclosures so that there is ample time for the court reporter to complete the transcript and Defendant’s expert to review said transcripts. Additionally, Plaintiffs’ counsel has indicated an intent to file a motion to withdraw as counsel. The parties believe a brief extension of the current scheduling order is warranted under the circumstances. The parties do not believe the requested extension will prejudice any party.

7 For these reasons, good cause exists to modify the scheduling order as outlined above.

9 Dated: April 25, 2023 LONGYEAR & LAVRA, LLP 11 By: /s/ Nicole M. Cahill VAN LONGYEAR NICOLE M. CAHILL 13 DENNY YU Attorneys for Defendant, 14 COUNTY OF SACRAMENTO Dated: April 25, 2023 MOSLEY & ASSOCIATES

17 By: /s/ Nathalie Meza Contreras [as authorized 4-24-23] Walter Mosley, Esq.

18 Carlos E. Montoya, Esq.

Nathalie Meza Contreras, Esq.

Attorneys for Plaintiffs 1 ORDER 2 Good cause having been shown, based on the foregoing Stipulation by the Parties, the Court hereby ORDERS as follows: Event Current Schedule New Schedule Expert Disclosure June 27, 2023 September 29, 2023 Supplemental Expert Disclosure July 27, 2023 October 13, 2023 Discovery Cutoff September 25, 2023 November 24, 2023 Dispositive Motion Deadline November 17, 2023 January 19, 2024 Dispositive Motion Hearing January 23, 2024 March 26, 2024 at 1:30 p.m.

11 Pretrial Conference March 1, 2024 May 17, 2024 at 10:00 a.m.

Trial April 15, 2024 July 1, 2024 at 9:00 a.m.

15 Dated: April 25, 2023 /s/ John A. Mendez THE HONORABLE JOHN A. MENDEZ SENIOR UNITED STATES DISTRICT JUDGE