AMENDED STIPULATION AND PROPOSED ORDER REGARDING INITIAL DISCOVERY AND DISPOSITIVE MOTIONS

CHARLES R. BREYER, District Judge.

IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff LANE BAULDRY ("Plaintiff') and Defendants COUNTY OF CONTRA COSTA, CITY OF PIEDMONT, Government Entities, MONA DAGGETT, CHRISTOPHER BUTLER, DEPUTY STEPHEN TANABE, DEPUTY TOM HENDERSON, SERGEANT ANDY WELLS ("Defendants") (collectively, "Parties"), through their respective counsel of record, as follows

The Parties agree it is in the interest of justice and judicial economy to disclose and attempt to adjudicate certain dispositive motions at the earliest opportunity. To that end, the Parties hereby agree:

1. Discovery, including depositions, related to the dispositive motions identified by the parties below in paragraph 5 will be completed by October 17, 2014.

2. Depositions taken during this initial discovery period will be limited to topics relevant to the identified dispositive motions only; however, the Parties can agree to expand deposition topics, if appropriate.

3. Initial dispositive motions will be filed no later than November 1, 2014. This order does not preclude the filing of any fmther dispositive motions, as appropriate, after this date.

4. Hearings on initial dispositive motions will be heard on December 12, 2014.

5. The Parties intend to file dispositive motions. The following initial dispositive motions are anticipated:

PLAINTIFF

Plaintiff intends to file a motion for partial summary judgment regarding whether Deputy Tanabe was acting "within the scope of his ... employment as an employee of the public entity", pursuant to Government Code Section 825, at all relevant times set forth in Plaintiff's Complaint.

DEFENDANTS

All defendants intend to bring motions related the existence of liability under Monell; the application of Qualified Immunity; and the legality of the arrest at issue.

Defendant County of Contra Costa and Thomas Henderson intend to raise the following additional issues in their initial dispositive motions: J) whether there has been a violation of Plaintiff's rights under the Fourteenth Amendment of the U.S. Constitution; 2) whether Plaintiff has a viable claim for conspiracy respecting any alleged violation of his constitutional rights; and 3) the immunities provided by California Penal Code sections 836.5 and 847(b) and California Government Code section 821.6.

To the extent that any party wishes to designate additional issues to be raised in the initial dispositive motions, that party must do so by notifying the other parties of such additional issues in writing by July 11, 2014.

6. The Parties further agree that any election not to file or not to designate dispositive motions within the above-referenced timeframe does not preclude the ability to file a dispositive motion(s) at a later date.

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD:

IT IS ORDERED AS FOLLOWS:

Pursuant to the above Stipulation,

1. Discovery, including depositions, related to the dispositive motions identified by the Parties by May 16, 2014 pursuant to their Stipulation will be completed by October 17, 2014.

2. Depositions taken during this initial discovery phase will be limited to topics relevant to the identified dispositive motions only; however, the Parties can agree to expand deposition topics, if appropriate.

3. Initial dispositive motions will be filed no later than November 1, 2014. This order does not preclude the frling of any further dispositive motions, as appropriate, after this date.

4. Hearings on initial dispositive motions will be heard on December 12, 2014