King v. City of Sacramento

Opinion

TRAVIS KING, an individual, Case No.: 2:20-cv-01326-KJM-DB Plaintiff, JOINT STIPULATION FOR LEAVE TO AMEND SCHEDULING ORDER AND v. ORDER CITY OF SACRAMENTO, as a municipality, JONATHAN HOUSTON, in his individual capacity, ANTHONY Honorable Kimberly J. Mueller BOLER, in his individual capacity, ERIC WHOLESALE CORPORATION and DOES 1-100; Defendants. The Court issued an Initial Scheduling Order on December 2, 2022. (ECF No. 32) The Parties have concluded their written discovery and the deposition of Plaintiff has been taken. The deposition of individual defendants and Persons Most Knowledgeable have been duly noticed and scheduled. However, due to the scheduling conflicts of the Parties, the depositions cannot occur prior to the discovery cut-off date of April 15, 2023. In the interest of preserving judicial resources, the parties have stipulated that the scheduling order shall be amended as follows: Non- Expert Discovery cut-off deadline is extended 60 days to allow for the depositions of Anthony Boler, Jonathan Houston, Eric Klockenbrink and Persons Most Knowledgeable as described in Plaintiff’s Notice of Deposition of Costco Wholesale Corporation Pursuant to Fed. R. Civ. P. 30(b)(6) previously served on parties in this matter. I. A Scheduling Order May Be Modified Upon the Moving Party’s Demonstration of Good Cause. A district court has the inherent power to modify the due dates on its docket. This power is “incidental to the power inherent in every court to control the disposition of cases on its docket with economy of time and effort for itself, for counsel, and for litigants.” Landi v. N. Am. Co., 299 U.S. 248 (1936); Gold v. Johns-Manville Sales Corp., 723 F.2d 1068, 1077 (3d Cir. 1983) (holding that every court has power to manage cases on its docket and to ensure fair and efficient adjudication of the matter at hand). This discretion is in keeping with the district courts’ mandate to construe and apply the Federal Rules of Civil Procedure to “secure the just, speedy, and inexpensive determination of every action.” Fed. R. Civ. P. 1. A Scheduling Order may be modified only upon a showing of good cause and by leave of the Court. Fed. R. Civ. P. 16(b)(4). In considering whether a party moving for a schedule modification has shown good cause, the court primarily focuses on the diligence of the party seeking the modification. Johnson v. Mammoth Recreations, Inc. 975 F.2d 604, 609 (9th Cir. 1992)(citing Fed. R. Civ. P. 16, advisory committee’s notes of 1983 amendment). II. Parties Have Shown Good Cause To Modify The Discovery And Scheduling Order. RECITALS WHEREAS, on December 2, 2022, The Court issued its Scheduling Order. In said Order, there was no trial date set, however, the court issued a non-expert discovery cut-off date of April 15, 2023. Further, the Court ordered expert-discovery to be completed by August 15, 2023. WHEREAS, written discovery has been completed by the Parties. WHEREAS, there were technical difficulties with preparing video exhibits for the depositions of defendants which caused an initial delay of noticing the depositions of the individually named defendants in this action. City Defendant’s attorney, Sean Richmond and Plaintiff’s attorney, Kellan Patterson, were able to resolve the issue on February 27, 2022. WHEREAS, Plaintiff’s counsel (Kellan Patterson) was in trial from March 14 through March 16, 2023, in Alameda County, California. WHEREAS, Plaintiff duly noticed the depositions of defendants Eric Klockenbrink and Costco Wholesale Corporation (Pursuant to Fed. R. Civ. P. 30(b)(6) to take place on April 13, 2023. WHEREAS, Plaintiff duly noticed the depositions of defendants Jonathan Houston and Anthony Boler to take place on April 14, 2023. WHEREAS, Matthew Jaime, attorney for Mr. Klockenbrink and Costco Wholesale Corporation, notified parties that he was unavailable for the dates. WHEREAS, parties have agreed to allow the aforementioned depositions to take place on or prior to June 15, 2023. DATED: April 12, 2023 OFFICE OF THE SACRMAENTO CITY ATTORNEY

By: /s/ Sean Richmond Sean Richmond Attorney for Defendant, City of Sacramento

DATED: April 12, 2023 LAW OFFICE OF MATTHENY SEARS LINKERT & By: /s/ Matthew C. Jaime Matthew C. Jaime Attorney for Defendants, Costco Wholesale Corporation, Eric Klockenbrink

DATED: April 12, 2023 LAW OFFICE OF KELLAN PATTERSON

By: /s/ Kellan Patterson Kellan Patterson Attorney for Plaintiff, Travis King Having carefully considered the parties’ stipulated request and good cause appearing, the court modifies the Scheduling Order as follows: 1. Non-expert discovery cut-off is extended to June 15, 2023 to allow the depositions of Jonathan Houston, Anthony Boler, Eric Klockenbrink and Costco Wholesale Corporation in accordance with Fed. R. Civ. P. 30(b)(6). 2. All previous deadlines will remain consistent with this court’s order issued on December 2, 2022 (ECF No. 32). IT IS SO ORDERED. /) /) i Dated: 04/14/2023 l / ( g / D CHIEF NT] ED STATES DISTRICT JUDGE