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Shirley A. Newman and Anthony C. Butler v. San Joaquin Delta Community College District

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


December 21, 2010

SHIRLEY A. NEWMAN AND ANTHONY C. BUTLER,
PLAINTIFFS,
v.
SAN JOAQUIN DELTA COMMUNITY COLLEGE DISTRICT, A PUBLIC ENTITY; DANIELE RULEY, JAMES WOOD, AND DOES 1 THROUGH 100, INCLUSIVE, DEFENDANTS.

DAVID P. MASTAGNI, ESQ. (SBN 057721) CHRISTOPHER W. MILLER, ESQ. (SBN 166348) JAMES B. CARR, ESQ. (SBN 053274) DAVID E. MASTAGNI, ESQ. (SBN 204244) MASTAGNI, HOLSTEDT, AMICK, MILLER & JOHNSEN A Professional Corporation 1912 "I" Street Sacramento, California 95811 Telephone: (916) 446-4692 Facsimile: (916) 447-4254 Attorneys for Defendant, James Wood

STIPULATION TO MODIFY PRE-TRIAL SCHEDULING ORDER AND [PROPOSED] ORDER

Plaintiffs, Shirley A. Newman and Anthony C. Butler, and Defendants, San Joaquin Delta Community College District, James Wood, and Daniele Ruley, through their respective counsel, submit the following Stipulation and Order to modify the Court's Pre-Trial Scheduling Order dated May 13, 2010. The parties believe there is good cause to modify the Pre-Trial Order. The Trial Date of October 4, 2011 remains unchanged under this modification proposal.

1. This action was removed from state court on December 11, 2009. The Plaintiffs filed their Third Amended Complaint on June 16, 2010. [Ct. Doc. No. 40]

2. On May 13, 2010, the Court issued its Scheduling Order. There have been no other requested modifications to the Scheduling Order. [Ct. Doc. No. 33]

3. This action is based upon Plaintiffs' claims for violations of their civil rights, violations of the Americans With Disabilities Act and various common law claims.

4. Under the existing Pre-Trial Order, Expert Disclosure is set for February 28, 2011, and Rebuttal Experts are due March 30, 2011. The Discovery Cut-Off is April 29, 2011. Motions are to be filed by May 30, 2011.

5. The Final Pre-Trial Conference is scheduled for August 8, 2011 and Trial is set for October 4, 2011. These dates are preserved under the proposed Stipulation to change the Scheduling Order.

6. The parties are currently engaged in extensive discovery. Several motions to compel a physical examination of Shirley A. Newman, a mental examination and to compel productions of medical documents relating to the Plaintiff Shirley A. Newman. These motions are set for January 20, 2011. [Ct. Doc. Nos. 56, 57 and 58]

7. The mental examination of plaintiff Shirley A. Newman is scheduled to occur on January 26 and 27, 2011. Further, Dr. Pfeiffer's examination has been rescheduled to February 2, 2011.

8. The deposition of the Chief of Police, Mark Bromme, and Daniele Ruley are set for January 10, 2011.

9. The deposition of Delta College employee Keeney is scheduled on January 11, 2011.

10. The depositions of the Plaintiffs, Shirley A. Newman and Anthony C. Butler, are set for March 1, 2011.

11. There is insufficient time under the current Scheduling Order for the preparation of the reports of the health care professionals.

12. There is insufficient time under the current Scheduling Order for the preparation of export reports for the Defendants. This would be prejudicial to the Defendants.

13. Plaintiffs further intend to depose other percipient witnesses to the event in question, and there is insufficient time under the current Scheduling Order to accomplish this task.

14. For each of the foregoing reasons, the parties agree and respectfully submit that good cause exists for the Court to modify the Court's current Scheduling Order to provide the parties sufficient time to conduct physical and mental examinations, to produce medical records, to prepare expert reports, to adequately conduct remaining discovery necessary to prosecute and defend this matter.

ITEM Old Dates New Dates Expert Disclosure 02/28/2011 04/29/2011 Rebuttal Experts Disclosure 03/30/2011 05/27/2011 Discovery Cut-Off 04/29/2011 06/28/2011 Motions/ Orders 05/30/2011 07/29/2011 Final Pre-Trail Conference 08/08/2011 08/08/2011 Trial 10/04/2011 10/04/2011

Respectfully Submitted,

ORDER

Good cause appearing, it is hereby ORDERED.

ITEM Old Dates New Dates Expert Disclosure 02/28/2011 04/29/2011 Rebuttal Experts Disclosure 03/30/2011 05/27/2011 Discovery Cut-Off 04/29/2011 06/28/2011 Motions/ Orders 05/30/2011 07/29/2011 *Final Pre-Trail Conference 08/08/2011 09/19/2011, 2:00 pm *Jury Trial 10/04/2011 11/08/2011, 9:00 am *As agreed to by counsel after conferring with the courtroom deputy.

20101221

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