(PC) McDaniel v. Lizarraga

Opinion

1 ROB BONTA, State Bar No. 202668 Attorney General of California 2 ALICIA A. BOWER, State Bar No. 287799 Supervising Deputy Attorney General 3 ARTHUR B. MARK III, State Bar No. 220865 Deputy Attorney General 4 1300 I Street, Suite 125 P.O. Box 944255 5 Sacramento, CA 94244-2550 Telephone: (916) 210-7345 6 Fax: (916) 324-5205 E-mail: Arthur.Mark@doj.ca.gov 7 Attorneys for Defendant L. Micael 8 CHARLES KELLY KILGORE 9 STATE BAR NO. 173520 9025 Wilshire Blvd. 10 Penthouse Suite Beverly Hills, CA 90211 11 Telephone: (310) 994-9883 E-mail: idefendem@gmail.com 12 Attorney for Plaintiff Joseph L. McDaniel 13 14 IN THE UNITED STATES DISTRICT COURT 15 FOR THE EASTERN DISTRICT OF CALIFORNIA 16 SACRAMENTO DIVISION 17 18 JOSEPH LEON McDANIEL, Case No. 2:19-cv-1136 DAD KJN P 19 Plaintiff, STIPULATION AND REVISED 20 DISCOVERY AND SCHEDULING v. ORDER RESETTING DISCOVERY AND 21 DISPOSITIVE MOTIONS DEADLINES 22 JOE LIZARRAGA, et al., Judge: Hon. Kendall J. Newman 23 Defendants. Trial Date: None set Action Filed: June 20, 2019 24 25 Plaintiff and Defendant Micael, by and through their attorneys of record, hereby request the 26 Court extend the discovery and dispositive motions deadlines recently set by the Court’s 27 Discovery and Scheduling Order (ECF No. 149) by a period of sixty days respectively, as 28 follows: 1 1. The parties may conduct non-expert discovery1 until February 2, 2024 and any 2 motions to compel discovery shall be filed by that date; 3 2. All pretrial motions, except motions to compel discovery, shall be filed on or before 4 May 3, 2024; and 5 3. Deadlines for expert disclosures and discovery shall be set following the resolution of 6 any dispositive motions. 7 Good cause for the extension is as follows. 8 1. On August 9, 2023, the Court granted Defendant Ibrahim’s motion for judgment on 9 the pleading and dismissed Defendant Ibrahim from this action, leaving Defendant Micael and 10 Plaintiff as the only parties to this action (ECF No. 148); 11 2. On August 14, 2023, the Court issued its Discovery and Scheduling Order in this 12 matter (ECF No. 149); 13 3. After reviewing the Discovery and Scheduling Order, on August 17, 2023 the 14 undersigned met and conferred on discovery and scheduling and the deadlines in the Court’s 15 order. Specifically, the parties agree a sixty-day extension of the deadlines is necessary for the 16 following reasons: 17 a. Plaintiff’s counsel is currently preparing for a murder trial, set to begin in early 18 October, requiring him to devote his time and attention to preparing for and trying that matter, 19 including preparation of expert witnesses; 20 b. Plaintiff is incarcerated, thus communications between Plaintiff and his counsel 21 are necessarily delayed; and 22 c. the additional time will give the parties the ability to assess what discovery may 23 be needed in light of the current posture of this case. 24 Accordingly, the parties request the Court grant their request. 25 26 27 1 As this is a prisoner case, the parties also agreed that no initial disclosures are required, 28 per Federal Rule of Civil Procedure 26. 1 IT IS SO STIPULATED. 2 /s/ Arthur B. Mark DATED: August 22, 2023 ARTHUR B. MARK III 3 Deputy Attorney General 4 Attorneys for Defendant L. Micael 5

7 /s/ Charles Kelly Kilgore 8 DATED: August 22, 2023 CHARLES KELLY KILGORE Attorney for Plaintiff 9 Joseph McDaniel 10

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 ORDER 2 “The district court is given broad discretion in supervising the pretrial phase of litigation.” 3 || Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607 (9th Cir. 1992) (citation and internal 4 | quotation marks omitted). Rule 16(b) provides that “[a] schedule may be modified only for good 5 || cause and with the judge’s consent.” Fed. R. Civ. P. 16(b)(4). “The schedule may be modified 6 || ‘if it cannot reasonably be met despite the diligence of the party seeking the extension.’” 7 || Zivkovic v. Southern California Edison Co., 302 F.3d 1080, 1087 (9th Cir. 2002) (quoting 8 || Johnson, 975 F.2d at 607). 9 Good cause appearing, IT IS HEREBY ORDERED that the parties’ stipulation is 10 | GRANTED. The Discovery and Scheduling Order (ECF No. 149) is modified as follows: 11 1. The parties may conduct non-expert discovery until February 2, 2024, and any 12 || motions to compel discovery shall be filed by that date; 13 2. All pretrial motions, except motions to compel discovery, shall be filed on or before 14 | May 3, 2024; and 15 3. Deadlines for expert disclosures and discovery shall be set following the resolution of 16 || any dispositive motions. 17 || Dated: August 23, 2023 i Aectl Aharon 19 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 20 1 /ew/medal136.16b 22 23 24 25 26 27 28 ~ Stipulation and PPrepesed} Order Resetting Discovery and Dispositive Motions Deadlines (2:19-cv-1136 DAD KIN