1 || DANA A. SUNTAG (State Bar #125127) JOSHUA J. STEVENS (State Bar #238105) 2 || ALEXANDER R. THOMAS (State Bar #350132) HERUM\CRABTREE\SUNTAG, LLP 3 || 5757 Pacific Avenue, Suite 222 4 Stockton, California 95207 Telephone: (209) 472-7700 5 dsuntag @herumcrabtree.com stevens @ herumcrabtree.com 6 athomas @herumcrabtree.com 7 || Attorneys for All Defendants UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 J.P., a minor, by and through CHANNY SOK- ) Case No.: 2:21-cv-00788-WBS-AC 11 |} HANG as guardian, ) ) STIPULATION AND ORDER: 12 ve unt (i) MODIFYING PRETRIAL 13 , ) SCHEDULING ORDER, INCLUDING CITY OF STOCKTON, et al. ) TRIAL DATE; 14 ) (ii) MODIFYING TIME FOR Defendants. ) OPPOSITION AND REPLY ON 15 ) DEFENDANTS’ ANTICIPATED MOTIO 16 FOR SUMMARY JUDGMENT; AND ) Git) CONFIRMING PARTIES’ 17 ) AGREEMENT ON EXPERT ) DEPOSITIONS 18 19 ) [No hearing required] ) 20 ) ) 21 || __—CCCOCO □ CTCCC*? 22 23 24 25 26 27 28 \ CRABTREE \ SUNTAG STIPULATION AND ORDER RE: MODIFYING PRETRIAL SCHEDULING ORDER, MODIFYING TIMING ON MSJ,
1 This Stipulation is respectfully submitted by all named parties: Plaintiff □□□□□ by an 2 || through Channy Sok-Hang as guardian, on the one hand; and Defendants City of Stockton (als 3 || named as “Stockton Police Department”) (the “City”), Chief of Police Stanley McFadden, an 4 || Officer Jorge Andrade, on the other hand, all through their undersigned counsel of record. 5 RECITALS 6 A. On May 3, 2021, Plaintiff filed this lawsuit. B. On May 27, 2022, the Court issued a Status (Pretrial Scheduling) Orde 7 (ECF No. 52), scheduling a jury trial to begin on June 4, 2024, with a 14 day estimate. 8 C. On August 22, 2023, the parties filed a stipulation and proposed order to modif ? || ECF No. 52, which this Court granted by order issued on August 24, 2023. (See ECF No. 66.) 10 D. Counsel have been diligently conducting discovery, which has included writte 11 || discovery, depositions, and discovery of third parties. 12 E. Various conflicts have arisen with respect to the dates in the operative Schedulin 13 || Order: One of Plaintiffs experts now has a conflict with the June 7, 2024, expert disclosure dat 14 || and will not be able to prepare their report. One of Defendants’ experts now has a conflict wit 15 the April 22, 2025, trial date due to a prepaid vacation that was arranged more than two year 16 ago but which was mistakenly omitted from the expert’s calendar when he agreed to serve as a expert in this case. Finally, Plaintiffs counsel has three trials between now and the first quarte "7 of 2025, and the only potential she has for a vacation with her family is in the month o 18 November. Defendants’ counsel is willing to accommodate her vacation schedule. 19 F, Counsel for both sides have met and conferred regarding the above and hav 20 agreed to request this Court to continue the dates to avoid the conflicts. 21 G. Further, counsel have also met and conferred regarding the briefing schedule on 22 || motion for summary judgment, or, in the alternative, for partial summary judgment, Defendant 93 || anticipate filing. Local Rule 230(c) requires the opposition to be filed 14 days after the filing o 94 || such a motion, and Local Rule 230(d) requires the reply to be filed 10 days after the filing of th 5 opposition. Because of Plaintiff's counsel’s trial calendar, Plaintiff's counsel has requested a 06 additional one week to file her opposition (for a total of 21 days from the filing of the motion), and defense counsel is agreeable with that as long Defendants also have an additional one wee to file their reply (for a total of 17 days from the filing of the opposition). Counsel have als
28 agreed to work together to set the hearing date on the motion such that it does not conflict wit \SUNTAG STIPULATION AND ORDER RE: MODIFYING PRETRIAL SCHEDULING ORDER, MODIFYING TIMING ON MSJ,
1 || Plaintiff's trial calendar. 2 H. Additionally, counsel have also met and conferred regarding scheduling exper 3 || depositions. If the Court enters an order approving this stipulation, counsel have mutually agree 4 ||to produce their respective experts for deposition, on fewer than 30 days’ notice, without th 5 need for either side to subpoena them, based only on a deposition notice(s) (which may include 6 request for documents). (Counsel reserve the right to object to the actual document requests or t seek relief of Court if necessary regarding a particular document request or other aspects of th 7 expert deposition process). Finally, counsel agree they will work together to schedule an 8 complete all expert depositions before the discovery cutoff date. ? I. Counsel request that all dates and deadlines in the Scheduling Order b 10 correspondingly extended to match the new requested trial date, with spacing between such date to remain approximately the same as in the operative Pretrial Scheduling Order. 2 J. When an act must be done within a specified time, the Court may, for good cause, 13 extend the time with or without motion if the court acts, or a request is made, before the origina time expires. Fed. R. Civ. P. 6(b)(1)(A). With respect to an order setting forth the Court’s pretria 1S schedule, “[t]he district court may modify the pretrial schedule ‘if it cannot be reasonably me 16 despite the diligence of the party seeking the amendment.’” Johnson v. Mammoth Recreations, M Inc., 975 F.2d 604, 609 (9th Cir. 1992). 8 STIPULATION 1. The parties, by and through their undersigned counsel, respectfully request the *0 Court modify the Scheduling Order as follows:
7 Final Pretrial Conference 2/24/25 4/21/2025 at 1:30 p.m.
\CRABTREE \SUNTAG STIPULATION AND ORDER RE: MODIFYING PRETRIAL SCHEDULING ORDER, MODIFYING TIMING ON MSJ,
1 | Trial | 4/22/25 | 6/24/25 at 9:00 am 3 2. Counsel will reasonably work together to schedule a hearing date on Defendants’ 4}|intended motion for summary judgment, or in the alternative, motion for partial summar 5 || judgment. Plaintiff shall have 21 days after Defendants file their motion to file any opposition. 6 || Defendants shall have 17 days after Plaintiff files his opposition to file any reply. 7 3. If the Court enters an order approving this stipulation, counsel will produce thei 8 || respective experts for deposition, on fewer than 30 days’ notice, without the need for either sid 9 ||to subpoena them, based only on a deposition notice(s) (which may include a request fo 10 |} documents). Counsel reserve the right to object to the actual document requests or to seek relie 11 |} of Court if necessary regarding a particular document request or other aspects of the exper 12 || deposition process. Counsel will work together to schedule and complete all expert depositions 13 || before the discovery cutoff date. 14 Based on the foregoing, the parties respectfully request that the Court grant this 15 || stipulation. 16 Respectfully Submitted, 17 || Dated: June 5, 2024 HERUM CRABTREE SUNTAG, LLP 8 _4s4loshua_ I Stevens 19 JOSHUA J. STEVENS Attorneys for all Defendants 1 || Dated June 5, 2024 LAW OFFICE OF YOLANDA HUANG 22 By: —_/s/ Yolanda Huang 54 YOLANDA HUANG Attorney for Plaintiff 24 25 26 27 28 \CRABTREE \SUNTAG STIPULATION AND ORDER RE: MODIFYING PRETRIAL SCHEDULING ORDER, MODIFYING TIMING ON MSJ,
1 SIGNATURE ATTESTATION 2 Pursuant to Eastern District of California Local Rule 131(e), I attest that I obtaine 3 || authorization to place Plaintiffs counsel’s e-signature on this document and to file this documen 4 || with the Court. 5 By: /s/ - Joshua J. Stevens 6 Joshua J.
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1 || DANA A. SUNTAG (State Bar #125127) JOSHUA J. STEVENS (State Bar #238105) 2 || ALEXANDER R. THOMAS (State Bar #350132) HERUM\CRABTREE\SUNTAG, LLP 3 || 5757 Pacific Avenue, Suite 222 4 Stockton, California 95207 Telephone: (209) 472-7700 5 dsuntag @herumcrabtree.com stevens @ herumcrabtree.com 6 athomas @herumcrabtree.com 7 || Attorneys for All Defendants UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 J.P., a minor, by and through CHANNY SOK- ) Case No.: 2:21-cv-00788-WBS-AC 11 |} HANG as guardian, ) ) STIPULATION AND ORDER: 12 ve unt (i) MODIFYING PRETRIAL 13 , ) SCHEDULING ORDER, INCLUDING CITY OF STOCKTON, et al. ) TRIAL DATE; 14 ) (ii) MODIFYING TIME FOR Defendants. ) OPPOSITION AND REPLY ON 15 ) DEFENDANTS’ ANTICIPATED MOTIO 16 FOR SUMMARY JUDGMENT; AND ) Git) CONFIRMING PARTIES’ 17 ) AGREEMENT ON EXPERT ) DEPOSITIONS 18 19 ) [No hearing required] ) 20 ) ) 21 || __—CCCOCO □ CTCCC*? 22 23 24 25 26 27 28 \ CRABTREE \ SUNTAG STIPULATION AND ORDER RE: MODIFYING PRETRIAL SCHEDULING ORDER, MODIFYING TIMING ON MSJ,
1 This Stipulation is respectfully submitted by all named parties: Plaintiff □□□□□ by an 2 || through Channy Sok-Hang as guardian, on the one hand; and Defendants City of Stockton (als 3 || named as “Stockton Police Department”) (the “City”), Chief of Police Stanley McFadden, an 4 || Officer Jorge Andrade, on the other hand, all through their undersigned counsel of record. 5 RECITALS 6 A. On May 3, 2021, Plaintiff filed this lawsuit. B. On May 27, 2022, the Court issued a Status (Pretrial Scheduling) Orde 7 (ECF No. 52), scheduling a jury trial to begin on June 4, 2024, with a 14 day estimate. 8 C. On August 22, 2023, the parties filed a stipulation and proposed order to modif ? || ECF No. 52, which this Court granted by order issued on August 24, 2023. (See ECF No. 66.) 10 D. Counsel have been diligently conducting discovery, which has included writte 11 || discovery, depositions, and discovery of third parties. 12 E. Various conflicts have arisen with respect to the dates in the operative Schedulin 13 || Order: One of Plaintiffs experts now has a conflict with the June 7, 2024, expert disclosure dat 14 || and will not be able to prepare their report. One of Defendants’ experts now has a conflict wit 15 the April 22, 2025, trial date due to a prepaid vacation that was arranged more than two year 16 ago but which was mistakenly omitted from the expert’s calendar when he agreed to serve as a expert in this case. Finally, Plaintiffs counsel has three trials between now and the first quarte "7 of 2025, and the only potential she has for a vacation with her family is in the month o 18 November. Defendants’ counsel is willing to accommodate her vacation schedule. 19 F, Counsel for both sides have met and conferred regarding the above and hav 20 agreed to request this Court to continue the dates to avoid the conflicts. 21 G. Further, counsel have also met and conferred regarding the briefing schedule on 22 || motion for summary judgment, or, in the alternative, for partial summary judgment, Defendant 93 || anticipate filing. Local Rule 230(c) requires the opposition to be filed 14 days after the filing o 94 || such a motion, and Local Rule 230(d) requires the reply to be filed 10 days after the filing of th 5 opposition. Because of Plaintiff's counsel’s trial calendar, Plaintiff's counsel has requested a 06 additional one week to file her opposition (for a total of 21 days from the filing of the motion), and defense counsel is agreeable with that as long Defendants also have an additional one wee to file their reply (for a total of 17 days from the filing of the opposition). Counsel have als
28 agreed to work together to set the hearing date on the motion such that it does not conflict wit \SUNTAG STIPULATION AND ORDER RE: MODIFYING PRETRIAL SCHEDULING ORDER, MODIFYING TIMING ON MSJ,
1 || Plaintiff's trial calendar. 2 H. Additionally, counsel have also met and conferred regarding scheduling exper 3 || depositions. If the Court enters an order approving this stipulation, counsel have mutually agree 4 ||to produce their respective experts for deposition, on fewer than 30 days’ notice, without th 5 need for either side to subpoena them, based only on a deposition notice(s) (which may include 6 request for documents). (Counsel reserve the right to object to the actual document requests or t seek relief of Court if necessary regarding a particular document request or other aspects of th 7 expert deposition process). Finally, counsel agree they will work together to schedule an 8 complete all expert depositions before the discovery cutoff date. ? I. Counsel request that all dates and deadlines in the Scheduling Order b 10 correspondingly extended to match the new requested trial date, with spacing between such date to remain approximately the same as in the operative Pretrial Scheduling Order. 2 J. When an act must be done within a specified time, the Court may, for good cause, 13 extend the time with or without motion if the court acts, or a request is made, before the origina time expires. Fed. R. Civ. P. 6(b)(1)(A). With respect to an order setting forth the Court’s pretria 1S schedule, “[t]he district court may modify the pretrial schedule ‘if it cannot be reasonably me 16 despite the diligence of the party seeking the amendment.’” Johnson v. Mammoth Recreations, M Inc., 975 F.2d 604, 609 (9th Cir. 1992). 8 STIPULATION 1. The parties, by and through their undersigned counsel, respectfully request the *0 Court modify the Scheduling Order as follows:
7 Final Pretrial Conference 2/24/25 4/21/2025 at 1:30 p.m.
\CRABTREE \SUNTAG STIPULATION AND ORDER RE: MODIFYING PRETRIAL SCHEDULING ORDER, MODIFYING TIMING ON MSJ,
1 | Trial | 4/22/25 | 6/24/25 at 9:00 am 3 2. Counsel will reasonably work together to schedule a hearing date on Defendants’ 4}|intended motion for summary judgment, or in the alternative, motion for partial summar 5 || judgment. Plaintiff shall have 21 days after Defendants file their motion to file any opposition. 6 || Defendants shall have 17 days after Plaintiff files his opposition to file any reply. 7 3. If the Court enters an order approving this stipulation, counsel will produce thei 8 || respective experts for deposition, on fewer than 30 days’ notice, without the need for either sid 9 ||to subpoena them, based only on a deposition notice(s) (which may include a request fo 10 |} documents). Counsel reserve the right to object to the actual document requests or to seek relie 11 |} of Court if necessary regarding a particular document request or other aspects of the exper 12 || deposition process. Counsel will work together to schedule and complete all expert depositions 13 || before the discovery cutoff date. 14 Based on the foregoing, the parties respectfully request that the Court grant this 15 || stipulation. 16 Respectfully Submitted, 17 || Dated: June 5, 2024 HERUM CRABTREE SUNTAG, LLP 8 _4s4loshua_ I Stevens 19 JOSHUA J. STEVENS Attorneys for all Defendants 1 || Dated June 5, 2024 LAW OFFICE OF YOLANDA HUANG 22 By: —_/s/ Yolanda Huang 54 YOLANDA HUANG Attorney for Plaintiff 24 25 26 27 28 \CRABTREE \SUNTAG STIPULATION AND ORDER RE: MODIFYING PRETRIAL SCHEDULING ORDER, MODIFYING TIMING ON MSJ,
1 SIGNATURE ATTESTATION 2 Pursuant to Eastern District of California Local Rule 131(e), I attest that I obtaine 3 || authorization to place Plaintiffs counsel’s e-signature on this document and to file this documen 4 || with the Court. 5 By: /s/ - Joshua J. Stevens 6 Joshua J. Stevens 7 ORDER 8 The Court, having considered the parties’ stipulation, and good cause appearing, rules as 9 || follows: 10 IT IS ORDERED that the relief the stipulation requests is GRANTED. The operativ: 11 Scheduling Order is modified are as follows: 12
19 IT IS FURTHER ORDERED that Plaintiff shall have 21 days after Defendants file thei 20 motion for summary judgment, or in the alternative, motion for partial summary judgment to fil a any opposition. Defendants shall have 17 days after Plaintiff files his opposition to file any reply. 22 IT IS FURTHER ORDERED that counsel will produce their respective experts fo deposition, on fewer than 30 days’ notice, without the need for either side to subpoena them, 24 based only on a deposition notice(s) (which may include a request for documents), and shal 2 cooperate in the scheduling of the depositions so that the depositions can be completed before *6 the discovery cut off. . 27 Dated: June 6, 2024 bitte A habe 28 WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE \ CRABTREE \SUNTAG ; STIPULATION AND ORDER RE: MODIFYING PRETRIAL SCHEDULING ORDER, MODIFYING TIMING ON MSJ,