Lawman v. City and County of San Francisco et al

Northern District of California, cand-4:2015-cv-01202

ORDER (AS MODIFIED) re {{18}} Proposed Case Schedule. Signed by Magistrate Judge Donna M. Ryu on 7/29/15.

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1 Joseph S. May SBN 245924 LAW OFFICE OF JOSEPH S. MAY 2 1388 Sutter Street, Suite 810 San Francisco, CA 94109 3 Tel: (415) 781-3333 4 Fax: (415) 707-6600 joseph@josephmaylaw.com 5 R. Wesley Pratt SBN 191159 6 BRENT, FIOL & PRATT, LLP One Embarcadero Center, Suite 2860 7 San Francisco, CA 94111 8 Tel: (415) 259-4515 Fax: (415) 373-4420 9 wpratt@bfplawyers.com 10 Attorneys for Plaintiff GARY RICHARD LAWMAN by and through his Guardian ad Litem Richard de Villiers 11 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION 14 GARY RICHARD LAWMAN by and CASE NO. C15-01202-DMR 15 through his Guardian ad Litem Richard de Villiers, JOINT PROPOSED CASE SCHEDULE 16 AND [PROPOSED] ORDER (AS MODIFIED) 17 Plaintiff, 18 v. Action Filed: December 31, 2013 Removal: March 13, 2015 19 CITY AND COUNTY OF SAN Trial Date: June 6, 2016 FRANCISCO; PHILLIP M. GORDON; 20 GLEN PAUL MINIOZA; BRIAN W. 21 KNEUKER; CARLOS GUTIERREZ; CRAIG F. TOM; PATRICK F. PENE; 22 JULIO C. PALENCIA; ANDREW N. BROWN; PAUL E. RAPICAVOLI; 23 MATTHEW M. O'SHEA; MICHAEL HENNESSEY; GREG SUHR; ROEL L. 24 LAPITAN; FRANK LATKO a.k.a. 25 FRANZI LATKO; and DOES 1 through 50, inclusive, 26 Defendants. 27 28 1 CASE NO. C15-01202-DMR JOINT PROPOSED CASE SCHEDULE AND [PROPOSED] ORDER (AS MODIFIED) 1 The Parties, through their respective undersigned counsel, submit the following proposed 2 case schedule in order to supplement the schedule set forth in the minutes of the July 1, 2015 3 case management conference (Dkt. No. 17). The Parties seek a case management order in 4 accordance with the following: 5 1. The Parties agree to bifurcate liability and damages for purposes of discovery, 6 such that discovery related to damages will be stayed until January 4, 2016, or until the Court 7 rules on any motion for summary judgment regarding liability issues, whichever is sooner, 8 except as otherwise set forth below. 9 2. If a witness who has been deposed on issues related to liability is sought to be 10 deposed on issues related to damages, the parties agree to make such witness available, to the 11 extent possible, for such further deposition during the second phase of the case. 12 3. The Parties may begin serving interrogatories, requests for admission, requests for 13 production of documents, and subpoenas duces tecum related to damages on November 5, 2015. 14 4. Plaintiff agrees in principle to make himself available for one physical 15 examination, one mental examination, and one neuropsychological examination by defense- 16 retained doctors in January 2016, assuming the Court orders Plaintiff to attend such exams, 17 pursuant to Fed. R. Civ. Proc. 35, for good cause shown; however, Plaintiff expressly reserves 18 any and all rights to assert available objections, oppositions, qualifications, or limitations related 19 to the conduct of the examinations, including but not limited to the identity and qualification of 20 the examiner and scope, duration, and battery of tests given at any examination. 21 5. The last day to file a summary judgment motion on liability issues is November 5, 22 2015. 23 6. The last day for the hearing on a summary judgment motion on liability issues is 24 December 10, 2015. 25 7. The Parties request that the case be submitted to a settlement conference with a 26 magistrate judge the week of January 4, 2016, or after the Court rules on any motion for 27 summary judgment on liability issues, whichever is later. 28 8. Fact discovery to close February 26, 2016. 2 CASE NO. C15-01202-DMR JOINT PROPOSED CASE SCHEDULE AND [PROPOSED] ORDER (AS MODIFIED) 1 9. Expert witness disclosures must be served no later than March 8, 2016. 2 10. Expert discovery to close April 29, 2016. 3 Dated: July 22, 2015 LAW OFFICE OF JOSEPH S. MAY and 4 BRENT, FIOL & PRATT, LLP 5 6 /s/ Joseph S. May ___________________________________ 7 By: JOSEPH S. MAY, Attorneys for Plaintiff GARY RICHARD LAWMAN 8 9 Dated: July 22, 2015 10 DENNIS J. HERRERA City Attorney 11 CHERYL ADAMS Chief Trial Deputy 12 JAMES F. HANNAWALT 13 Deputy City Attorney 14 /s/ James F. Hannawalt* 15 By: JAMES F. HANNAWALT 16 Attorneys for Defendants 17 *Pursuant to Civil Local Rule 5-1(i)(3), the filer of 18 this document attests that concurrence has been obtained from each of the other Signatories to this 19 document. 20 [PROPOSED] ORDER (AS MODIFIED) 21 Pursuant to the foregoing stipulation, it is hereby ordered: 22 1. The issues of liability and damages shall be bifurcated for purposes of discovery; 23 discovery related to damages will be stayed until January 4, 2016, or until the Court rules on any 24 motion for summary judgment regarding liability issues, whichever is sooner, except as 25 otherwise set forth below. 26 27 28 3 CASE NO. C15-01202-DMR JOINT PROPOSED CASE SCHEDULE AND [PROPOSED] ORDER (AS MODIFIED) 1 2. If a witness who has been deposed on issues related to liability is sought to be 2 deposed on issues related to damages, the parties shall make such witness available, to the extent 3 possible, for such further deposition during the second phase of the case. 4 3. The Parties may begin serving interrogatories, requests for admission, requests for 5 production of documents, and subpoenas duces tecum related to damages on November 5, 2015. 6 4. Plaintiff shall make himself generally available for one physical examination, one 7 mental examination, and one neuropsychological examination by defense-retained doctors in 8 January 2016, assuming the Court orders Plaintiff to attend such exams, pursuant to Fed. R. Civ. 9 Proc. 35, for good cause shown; however, Plaintiff may assert available objections, oppositions, 10 qualifications, or limitations related to the conduct of the examinations, including but not limited 11 to the identity and qualification of the examiner and scope, duration, and battery of tests given at 12 any examination. Matters re Nos. 5-10 are covered in the CMC & Pretrial Order. See CMC & Pretrial Order [Doc. 20]. 13 5. The last day to file any summary judgment motion on liability issues is November 14 5, 2015. 15 6. The last day for the hearing on any summary judgment motion on liability issues 16 is December 10, 2015. 17 7. The case shall be submitted to a settlement conference with a magistrate judge the 18 week of January 4, 2016, or after the Court rules on any motion for summary judgment on 19 liability issues, whichever is later. 20 8. Fact discovery shall close February 26, 2016. 21 9. Expert witness disclosures must be served no later than March 8, 2016. 22 10. Expert discovery shall close April 29, 2016. S DISTRICT ATE C 23 T O S U ED RT 24 IT IS SO ORDERED. ED ORDER UNIT I S S O IT DIFIED AS MO R NIA 25 yu NO 26 .R Dated: _________________ 7/29/2015 onna M __________________________________ FO Judge D RT HON. DONNA M. RYU LI 27 E RStates Magistrate Judge H A United C N F 28 D IS T IC T O R 4 CASE NO. C15-01202-DMR JOINT PROPOSED CASE SCHEDULE AND [PROPOSED] ORDER (AS MODIFIED)