Free Report of Rule 26(f) Planning Meeting - District Court of California - California

Case 3:07-cv-02221-BEN-NLS

Document 30

Filed 08/25/2008

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1 JEFFREY R. EPP, City Attorney/SBN 123565 MICHAEL R. MCGUINNESS, Asst. City Attorney/SBN 132646 2 CHRISTINA M. MILLIGAN Deputy City Attorney/SBN 231655 OFFICE OF THE CITY ATTORNEY 3 201 N. Broadway Escondido, California 92025 4 (760) 839-4608 Tel. (760) 741-7541 Fax. 5 Attorneys for Defendants City of Escondido, 6 Officer Wyse, Officer Umstot, Sergeant Distel 7 8 9 10 11 HENRY KODIMER, by and through his guardian ad litem, LYN RAMSKILL, 12 Plaintiff, 13 v. 14 CITY OF ESCONDIDO; COUNTY OF SAN 15 DIEGO; OFFICER WYSE; OFFICER UMSTOT; SERGEANT DISTEL; and DOES 1 16 through 10, inclusive, 17 18 Defendants. Pursuant to Federal Rules of Civil Procedure Rule 26(f) and this Court's Order dated May CASE NO.: 07-CV-2221-BEN (NLS) JOINT DISCOVERY PLAN PER FRCP 26(f) IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

19 19, 2008, the parties by and through their attorneys of record conferred on July 21, 2008 and July 20 29, 2008 regarding the proposed Joint Discovery Plan in the above referenced matter. Rick 21 Copeland appeared on behalf of Plaintiff Henry Kodimer; Ricky Sanchez, Senior Deputy, appeared 22 on behalf of Defendant County of San Diego, and Michael R. McGuinness, Assistant City 23 Attorney, appeared on behalf of Defendants City of Escondido, Andrew Wyse, Ross Umstot, and 24 Eric Distal. 25 The parties have prepared this Joint Discovery Plan while the Court was still considering the

26 County of San Diego's Motion to Dismiss, so the parties acknowledge that the status of the 27 pleadings, including the viability of the causes of action in the original complaint, is currently 28 uncertain.

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CASE NO. 07-CV-2221-BEN (NLS)

Case 3:07-cv-02221-BEN-NLS

Document 30

Filed 08/25/2008

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A.

Initial Disclosures

Pursuant to Fed. R. Civ. P. Rule 26(a)(1) and the Order of this Court dated August 5, 2008,

3 the parties will exchange the required information by August 29, 2008. 4 5 B. Discovery Plan

Although this case was filed on November 2007, there has been a delay in actively litigating

6 this case given (1) service of the summons and complaint on the County's of San Diego's on April 7 21, 2008; and (2) a stay on discovery pending the resolution of the County of San Diego's Motion 8 to Dismiss. 9 10 The parties jointly propose to the court the following Discovery Plan: 1. Discovery will need to be conducted on issues of liability and damages. There are

11 over 10 percipient witnesses to the incident that is the subject of this lawsuit and medical care 12 providers for Plaintiff. Because Plaintiff claims significant injuries, including quadrapalegia, and 13 seeks substantial damages, the parties believe that the period for discovery will be lengthy. This 14 time period will also give the parties the ability to conduct discovery and have dispositive motions 15 heard a reasonable period before the proposed trial date. 16 2. All discovery, other than expert witness discovery, will be completed on or before

17 August 3, 2009. 18 19 3. 4. All expert discovery, including depositions, will be completed by December 1, 2009. The initial expert disclosure will be due on May 1, 2009, and the supplemental

20 disclosure due on June 1, 2009. 21 5. The initial retained expert witness reports pursuant to Fed.R.Civ.P. Rule 26(a)(2)(B)

22 will be due on August 17, 2009, with supplement reports pursuant to Fed.R.Civ.P. 26(e)(2) due on 23 or before September 30, 2009. 24 25 26 27 / / / 28 / / / 6. 7. 8. The last date to join additional parties should be March 1, 2009. The last date to amend the pleadings should be March 1, 2009. All potentially dispositive motions should be filed by February 1, 2010.

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07-CV-2221-BEN (NLS)

Case 3:07-cv-02221-BEN-NLS

Document 30

Filed 08/25/2008

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C. 1. 2.

Pre-Trial and Trial Dates The parties propose a Pre-trial Conference date in April 2010. The parties propose a Trial date in May 2010. MORENO & PEREZ A Professional Corporation By: s/ RICHARD COPELAND Attorneys for Plaintiff E-mail: [email protected] JOHN SANSONE, County Counsel By: s/ RICKY SANCHEZ, Senior Deputy Attorneys for Defendant County of San Diego E-mail: [email protected]

4 DATED: August 25, 2008 5 6 7 8 DATED: August 25, 2008 9 10 11 12 DATED: August 25, 2008 13 14 15 16 17 18

OFFICE OF THE CITY ATTORNEY Jeffrey R. Epp, City Attorney By: s/ MICHAEL R. MCGUINNESS Assistant City Attorney Attorneys for Defendants City of Escondido, Andrew Wyse, Ross Umstot, and Eric Distal E-mail: [email protected]

I, RICKY R. SANCHEZ, hereby certify that the content of this joint motion is acceptable to

19 all parties required to sign this joint motion. All parties authorize County Counsel to affix their 20 CM/ECF electronic signatures to this joint motion. 21 22 23 24 25 26 27 28 By: s/ RICKY R. SANCHEZ, Senior Deputy Attorneys for Defendant E-mail: [email protected] DATED: August 25, 2008 JOHN J. SANSONE, County Counsel

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07-CV-2221-BEN (NLS)