Hurtado v. State of CA

Opinion

Kent M. Henderson (SBN 139530) Angel Carrazco Jr. (SBN 230845) 18301 Irvine Blvd. Tustin, CA 92780 Tel: (714) 541-8600 Fax: (714) 541-8601 E-mail: hendolaw@gmail.com Attorneys for Plaintiff Francisco Hurtado

ROB BONTA, State Bar No. 202668 Attorney General of California PETER A. MESHOT, State Bar No. 117061 Supervising Deputy Attorney General LEEANN E. WHITMORE, State Bar No. 214870 Deputy Attorney General 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: (916) 210-7515 Fax: (916) 322-8288 E-mail: LeeAnn.Whitmore@doj.ca.gov Attorneys for Defendants State of California, by and through the California Highway Patrol and Edgardo Yepez

IN AND FOR THE EASTERN DISTRICT OF CALIFORNIA FRANCISCO HURTADO, AN Case No.: 2:19-cv-02343-TLN-AC INDIVIDUAL, Plaintiff, JOINT STIPULATION REGARDING MODIFICATION OF THE PROPOSED v. SCHEDULED ORDER AND ORDER

STATE OF CALIFORNIA; CALIFORNIA HIGHWAY PATROL; EDGARDO YEPEZ AKA EDGARDO LOPEZ; AND DOES 1 THROUGH 100, INCLUSIVE, Defendants. Action Filed: April 2, 2019 / / / / / / TO THE CLERK OF THE COURT AND TO THE HONORABLE TROY L. NUNLEY, UNITED STATES DISTRICT COURT JUDGE: The Court issued the original scheduling order in this case on January 29, 2021 based on the stipulation of the parties. (ECF No. 16) The parties have completed numerous depositions and written discovery. Plaintiff is continuing to treat and defense counsel has just subpoenaed updated treatment records. Plaintiffs counsel has agreed to produce plaintiff for an orthopedic medical examination and mental health examinations with a neuropsychologist and a psychiatrist. The orthopedic examination has been scheduled for August 25, 2021 and the neuropsychologist examination is scheduled for September 13, 2021. These dates will allow the medical providers to have the records. The parties are currently awaiting dates for the psychiatric examination. The parties by and through their respective counsel have agreed to modify the scheduling order dates to allow this discovery to take place as follows: Matter Current Date Requested New Date Non-Expert Discovery Cut-Off (includes August 13, 2021 October 7, 2021 hearing of discovery motions)

Initial Rule 26 Expert August 20, 2021 October 15, 2021 Disclosure and Exchange of Initial Expert Reports

Last Day to file Motions September 3, 2021 October 29, 2021

Rule 26 Rebuttal Expert September 10, 2021 November 1, 2021 Disclosure and Exchange of Rebuttal Expert Reports Modification of the Court’s scheduling order requires a showing of good cause, Fed. R. Civ. P. 16(b), and good cause requires a showing of due diligence, Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). To establish good cause, the party seeking the modification of the scheduling order must generally show that even with the exercise of due diligence, they cannot meet the requirement of this order. Id. The court may also consider the prejudice to the party opposing the modification. Id. If the party seeking to amend the scheduling order fails to show due diligence the inquiry should end and the court should not grant the motion to modify. Zivkovic v. Southern California Edison Co., 302 F.3d 1080, 1087 (9th Cir. 2002) Here, the parties have diligently conducted discovery and reached an agreement regarding production of plaintiff for physical and mental examinations without the need for court intervention. However, based on the providers’ schedule the dates they are available is after the current scheduling order. The parties agree that the above modification of the scheduling order is necessary. Dated: July 28, 2021 GUIZAR, HENDERSON & CARRAZCO, LLP

By: /s/ Angel Carrazo, Jr. Humberto Guizar Kent M. Henderson Angel Carrazco, Jr. Attorneys for Plaintiff Francisco Hurtado

Dated: July 27, 2021 Respectfully submitted,

Attorney General of California Supervising Deputy Attorney General /s/ LeeAnn E. Whitmore Deputy Attorney General Attorneys for Defendants State of California by and through California Highway Patrol and Edgardo Yepez

TO ALL PARTIES AND TO THEIR COUNSEL OF RECORD HEREIN: The Court, having reviewed the Stipulation of the parties regarding scheduling, and good cause appearing therefore, hereby modifies the scheduling order as follows:

[acer | current Date | New Date Matter Current Date New Date Non-Expert Discovery Cut- Off (includes hearing of August 13, 2021 October 7, 2021 discovery motions) Initial Rule 26 Expert August 20, 2021 October 15, 2021 Disclosure and Exchange of Initial Expert Reports Last Day to file Motions September 3, 2021 October 29, 2021 Rule 26 Rebuttal Expert September 10, 2021 November 1, 2021 Disclosure and Exchange of Rebuttal Expert Reports IT IS SO ORDERED: /) DATED: July 29, 2021 \ | “ } bichon —AN ZN = gf Troy L. Nunley } United States District Judge