LONGYEAR & LAVRA, LLP

1 Van Longyear, CSB No.: 84189 Nicole M. Cahill, CSB No.: 287165 2 Denny Yu, CSB No.: 345213 555 University Avenue, Suite 280 3 Sacramento, CA 95825 Phone: 916-974-8500 4 Facsimile: 916-974-8510 Emails: longyear@longyearlaw.com 5 cahill@longyearlaw.com yu@longyearlaw.com 6

7 Attorneys for Defendant,

COUNTY OF SACRAMENTO

8 (erroneously sued herein as “Sacramento County Sheriff’s Department”) 9

10 UNITED STATES DISTRICT COURT

11 EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

12

13 YAPHETTE GEIGER; JETHRO GEIGER; ) Case No.: 2:22-cv-00043-JAM-DB K.S., a minor, by and through their Guardian, ) 14 BRANDIE SMITH; K.G., a minor, by and ) STIPULATION AND ORDER TO through their Guardian, BRANDI SMITH; and ) MODIFY SCHEDULING ORDER 15 N.G., a minor, by and through their Guardian, ) ASIA LEE HERON; and JW GEIGER ) 16 ) Plaintiffs ) 17 ) v. ) 18 )

COUNTY OF SACRAMENTO, )

19 SACRAMENTO COUNTY SHERIFF’S ) DEPARTMENT and DOES 1 through 100, ) 20 inclusive, ) ) 21 Defendants. ) 22 23 Plaintiffs Yaphette Geiger; Jethro Geiger; K.S., by and through their Guardian Brandi 24 Smith; K.G. by and through their Guardian Brandi Smith; and N.G. by and through their 25 Guardian Asia Lee Heron, and JW Geiger (hereinafter “Plaintiffs”) and Defendant COUNTY OF 26 SACRAMENTO (hereinafter “Defendant”), by and through their counsel of record (collectively 27 “Parties”), hereby stipulate and request that the Court continue the dispositive motion deadlines 28 and trial deadlines by approximately 90 days, with the exception of trial, due to the Parties’ trial 1 schedules. Pursuant to the current scheduling order (ECF No. 22), the current schedule is as 2 follows: 3 • Dispositive Motion Deadline: January 19, 2024 4 • Hearing on Dispositive Motions: March 26, 2024 at 1:30 p.m. 5 • Pretrial Conference: May 17, 2024 at 10:00 a.m. 6 • Trial: July 1, 2024 at 9:00 a.m. 7 The parties in this case request an extension of all deadlines by approximately ninety 8 days. Accordingly, the respective deadlines would be as follows: 9 • Dispositive Motion Deadline: April 19, 2024 10 • Hearing on Dispositive Motions: June 25, 2024 at 1:30 p.m. 11 • Pretrial Conference: August 16, 2024 at 10:00 a.m. 12 • Trial: December 9, 2024 at 9:00 a.m. 13 A scheduling order may only be modified upon a showing of good cause and by leave of 14 court. Fed. R. Civ. Proc. 6(b)(1)(A); Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 15 (9th Cir. 1992). In considering whether a party moving for a schedule modification has good 16 cause, district courts primarily focus on the diligence of the party seeking the modification. 17 Johnson, 975 F.2d at 609. 18 Defendant has been diligent in conducting discovery after the last modification to the 19 scheduling order. Defendant served written discovery to Plaintiffs in September of 2023. 20 (Declaration of Nicole Cahill (“Cahill Decl.”) ¶ 3.) Defendant also served expert disclosures on 21 September 29, 2023. (Cahill Decl. ¶ 4.) Defendant also attempted to take the depositions of 22 Plaintiffs from April through September of 2023, eventually resorting to the filing of a motion to 23 compel the depositions. (Cahill Decl. ¶¶ 5-6; ECF 23.) Plaintiffs stipulated to an order 24 compelling attendance at depositions on October 25, 2023. (Cahill Decl. ¶ 7; ECF 28.) The 25 depositions of all Plaintiffs, except Asian Heron, moved forward on November 8th and 10th. 26 (Cahill Decl. ¶¶7 -8.) The parties filed a Joint Mid-Litigation Statement on November 9, 2023. 27 (ECF 32.) At the time, Plaintiffs’ counsel had indicated multiple times that they intended to file 28 a motion to withdraw as counsel. (See ECF 20, 23, 32; Cahill Decl. ¶ 9.) Because Plaintiffs’ 1 counsel had not yet filed a motion to withdraw and due to approaching dispositive motion 2 deadlines, Defendant requested a status conference on December 19, 2023. (ECF 33.) However, 3 the Court’s courtroom deputy advised the parties that the Court would not conduct a status 4 conference. (Cahill Decl. ¶ 10.) 5 Defendant has been diligent in defending this case and intends to file a dispositive 6 motion. However, Plaintiffs require additional time to file a motion to withdraw to avoid the 7 filing of the motion after a dispositive motion has been filed. The Parties propose that, should 8 Plaintiffs seek to file a motion to withdraw as counsel, such motion should be filed on or before 9 February 2, 2024. 10 For these reasons, good cause exists to modify the scheduling order as outlined above. 11

12 Dated: January 2, 2024 LONGYEAR & LAVRA, LLP 13

14 By: /s/ Nicole M. Cahill

VAN LONGYEAR

15

NICOLE M. CAHILL

16 DENNY YU Attorneys for Defendant, 17 COUNTY OF SACRAMENTO

18 Dated: January 2, 2024 MOSLEY & ASSOCIATES

19

20 By: /s/ Nathalie Meza Contreras[as authorized 1-2-24] Walter Mosley, Esq. 21 Carlos E. Montoya, Esq. Nathalie Meza Contreras, Esq. 22 Attorneys for Plaintiffs 23 24 25 26 27 28 1 ORDER 2 Good cause having been shown, based on the foregoing Stipulation by the Parties, the 3 Court hereby ORDERS as follows: 4 5 Event Current Schedule New Schedule 6 Dispositive Motion Deadline January 19, 2024 April 19, 2024 7 Dispositive Motion Hearing March 26, 2024 at 1:30 p.m. June 25, 2024, at 01:00 p.m.1 Tuesday, August 13, 2024, at 8 Pretrial Conference May 17, 2024 at 10:00 a.m. 10:00 a.m. 9 Monday, December 9, 2024, Trial July 1, 2024 at 9:00 a.m. at 9:00 a.m. 10 All other instructions contained in the May 17, 2022 Pretrial Scheduling Order (ECF No. 11 16) SHALL remain in effect. 12 Further, based on the Parties’ representation that Plaintiffs intend to file a motion to 13 withdraw as counsel, any such motion SHALL be filed on or before February 02, 2024. 14

15 Dated: January 04, 2024 /s/ John A. Mendez 16 THE HONORABLE JOHN A. MENDEZ

SENIOR UNITED STATES DISTRICT JUDGE

17 18 19 20 21 22 23 24 25 26 27 28 1 Calendars are subject to last minu te changes. Contact the Courtroom Deputy for available dates.