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 ...