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Wells v. County of Stanislaus

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 12, 2010

JAMES ALBERT WELLS AND JUDY C. WELLS, PLAINTIFFS,
v.
COUNTY OF STANISLAUS; DEPUTY FRANK ALVES; DEPUTY J. WALSH; CITY OF WATERFORD; SHERIFF DEPUTY JOSHUA HOUTCHENS; PUBLIC WORKS EMPLOYEE STEVE GREEN; M ATTHEW ERICKSON PUBLIC WORKS DIRECTOR FOR THE CITY OF WATERFORD; SHERIFF ADAM C H R ISTIA N SON TASER INTERNATIONAL; ROB JACKSON CHIEF OF POLICE SERVICES; AND DOES 1 THROUGH 25, INCLUSIVE. DEFENDANTS.

The opinion of the court was delivered by: Judge Oliver W. Wanger, United States District Judge

STIPULATION AND ORDER MODIFYING PRE - TRIAL SCHEDULING ORDER

IT IS HEREBY STIPULATED AND AGREED by and between plaintiffs James 24 Albert Wells and Judy Wells, and Defendants County of Stanislaus, Deputy Frank Alves, 25 Deputy J. Walsh, Sheriff Deputy Joshua Houtchens, Public Works Employee Steve Green, 26 Matthew Erikson Public Works Director for the City of Waterford, and Sheriff Adam 27 Christianson, by through their undersigned Counsel, pursuant to USDC EDCA Local Rules 28 83-143 and 6-144 (d) as follows:

1. The parties respectfully request that the District Court modify the Pre Trial Scheduling Order based on good cause appearing therefor as more fully set forth below:

2. This action arises out of alleged violations of Federal Civil Rights and State Law Claims against defendant County of Stanislaus, Sheriff Christianson, Deputy Sheriffs Alves, Houtchens and Walsh ("County") as well as City of Waterford Public Works employees Erickson and Green ("City") in connection with the death of Plaintiffs' son, James Wells.

3. Following the filing and service of the complaint in this case, the County and City defendants retained counsel Dan Farrar to represent them. At some point in late November and mid-December, 2009, the County and City defendants determined that they would retain Terrence J. Cassidy of Porter Scott to represent them in place of Mr. Farrar in the defense of this case. Counsel commenced coordinating the obtaining of all of the file materials as well as the preparation and filing of a Substitution of Attorneys. Due to the unavailability of Counsel and the parties over the course of the holidays, the Substitution of Attorneys is being filed concurrently with this Stipulation. Newly substituted defense counsel, Terrence J. Cassidy, has received all of the file materials from Mr. Farrar's office, which consist of in excess of 1000 pages, and has heretofore commenced review of those materials. To date, no depositions have been completed in this case.

4. During the process of Mr. Cassidy being substituted into this case, Counsel for 20 Plaintiffs noticed numerous Depositions and served a Request for Production of Documents. Defense Counsel will need sufficient time to familiarize himself with this case a to provide responses to the Request for Production of Documents, as well as to reschedule the Depositions of the various parties and witnesses to mutually agreed upon dates and times.

5. Based on newly substituted defense Counsel's initial review of the file materials, defense counsel has determined that the following additional discovery and investigation will be necessary in order to properly defend this case: Written discovery to Plaintiffs including Interrogatories and Request for Production of Documents; depositions of Plaintiffs James and Judy Wells, depositions of a number of Bystander Witnesses; depositions of emergency response personnel and the Pathologist who conducted the autopsy; retention of various Expert Consultants/Witnesses, and assuming they are disclosed to testify, 3 the preparation of expert reports.

6. Presently, non-expert discovery is scheduled to be completed on March 31, 2010, Expert Disclosures with reports are due to be served February 28, 2010, Expert Discovery cut off is April 30, 2010, Last day to File Dispositive Motions is May 31, 2010 with hearing date of July 12, 2010, Final Pre Trial Conference is August 16, 2010, the Trial is presently scheduled to commence on September 14, 2010.

7. Based on the need for additional time to conduct Discovery and retain/disclose Expert Witnesses, Counsel for Defendants contacted Counsel for Plaintiffs, Peter Williamson, and requested that Plaintiffs stipulate to extend the deadlines and trial date in this case approximately four months. Newly substituted Counsel for Defendants believes in good faith that the remaining Discovery and Expert Witness work up can be completed with that additional amount of time so as to not unduly delay further proceedings in this case. There has been one previous modification to the Pre-Trial Scheduling Order based on a newly substituted Counsel for Plaintiffs which was granted on September 14, 2009.

8. Therefore, the parties respectfully submit that good cause exists and request modification of the Pre-Trial Scheduling Order as follows: Last Day to Complete Non-Expert Discovery July 2, 2010 Last Day to Serve Expert Disclosures July 16, 2010 Last Day to Serve Rebuttal Expert Disclosures August 13, 2010 Last Day to Complete Expert Discovery September 17, 2010 Last Day to File Dispositive Motions October 15, 2010 Last Day for Hearing Dispositive Motions November 15, 2010 25 Final Pre-Trial Conference December 20, 2010 Trial January 25, 2011

IT IS FURTHER AGREED that all other provisions of the Pre-Trial Scheduling Order of November 20, 2008 remain in effect. This Stipulation may be signed in counterparts and that any facsimile or electronic signature shall be as valid as an original signature.

IT IS SO STIPULATED.

DATED: January 11, 2010

ORDER

Having reviewed the above stipulation and good cause appearing therefore, IT IS 23 HEREBY ORDERED that the Pre-Trial Scheduling Order be modified with the new schedule as set forth above.

NO FURTHER CONTINUANCES

IT IS SO ORDERED.

20100112

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