Gay v. Shaffer et al

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Stipulation and [Proposed] Order (3:16-cv-05998-JCS)
R OB B ONTA
Attorney General of California
J AY M. GOLDMAN
Supervising Deputy Attorney General
M ICHAEL J. QUINN
Deputy Attorney General
State Bar No. 209542
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: (415) 510-3611
Fax: (415) 703-5843
E-mail: Michael.Quinn@doj.ca.gov
Attorneys for Defendants
Parsons and Goldstein
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
OMAR S. GAY,
Plaintiff,
v.
AMY PARSONS, et al. ,
Defendant.
3:16-cv-05998-JCS
STIPULATION AND [PROPOSED]
ORDER TO REQUEST ADJUDICATION
OF FULLY BRIEFED DAUBERT
MOTION ON FILE AND CONTINUE
THE TRIAL DATE
Trial Date: July 7, 2026
Case 3:16-cv-05998-JCS Document 176 Filed 02/20/26 Page 1 of 5

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Stipulation and [Proposed] Order (3:16-cv-05998-JCS)
Pursuant to Local Civil Rules 6-2, 7-11, and 7-12, Plaintiff Omar S. Gay (“Plaintiff”)
and Defendants Parsons and Goldstein (“Defendants”) (collectively, “the Parties”), through their
undersigned counsel, state as follows:
During a December 17, 2025 case management conference, this Court scheduled the trial
in this matter to begin on July 7, 2026. (ECF No. 174.) The parties agreed to the trial date during
the conference.
Before the December 17, 2025 conference, Defendants’ counsel had contacted
Defendants Parsons and Goldstein, as well as Defendants’ expert Dr. Craig Lareau, to determine
whether they had any dates when they would be unavailable for trial. Neither the Defendants
nor Dr. Lareau stated that they would be unavailable in July 2026.
On December 18, 2025, Dr. Lareau contacted Defendants’ counsel and stated that he had
erred, and would be out of the country during the week of July 6, 2026 on a pre-planned
vacation. Defendants apologize for this error.
Defendants initially raised this issue with Plaintiff’s counsel on December 22, 2025.
Both sides agreed to discuss the matter in more detail after the holidays. On January 15, 2026,
the Parties conferred regarding the trial date issue and Dr. Lareau. During that meeting,
Plaintiff’s counsel indicated that they might be available for a trial in August 2026 or mid-
September 2026. Defendants are available for trial during the weeks of September 7, November
30, 2026, and December 7, 2026.
However, Plaintiff’s counsel proposed that instead of moving the trial date at this time,
Plaintiff could file a Daubert motion aimed at completely excluding Dr. Lareau from trial, and
Defendants could oppose such a motion before the deadline set forth in the Case Management
and Pretrial Order (ECF No. 174), and have the Court issue an early ruling regarding whether
Dr. Lareau would be permitted to testify at trial. Plaintiff’s counsel noted that such an approach
could obviate the need to change the July 7 trial date.1
1 Plaintiff previously filed and fully briefed a Daubert motion (ECF Nos. 133, 135, and
137) aimed at completely excluding Dr. Lareau that was not decided by this Court.
Case 3:16-cv-05998-JCS Document 176 Filed 02/20/26 Page 2 of 5

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Stipulation and [Proposed] Order (3:16-cv-05998-JCS)
Defendants will oppose such a Daubert motion, and do not believe that a motion wholly
excluding Dr. Lareau will be granted. But they are willing to agree to Plaintiff’s proposal if such
a motion can be decided early enough to allow the Parties to plan in advance for the
ramifications of a Daubert motion decision before a trial.
Therefore, the Parties stipulate and request that the Court permit the parties to brief
Plaintiff’s anticipated Daubert motion before the deadline for motions in limine set forth in the
case management order. Specifically, Plaintiff will file a Daubert motion regarding Dr. Lareau
by February 27, 2026. Defendants will file an opposition to the motion by March 6, 2026.
Plaintiff will reply by March 13, 2026. The Parties are hopeful that the matter will be ruled
upon by this Court by the end of March.
The Parties further stipulate that if based on the outcome of Plaintiff’s Daubert motion
Dr. Lareau will not testify, the trial will proceed as scheduled. If Dr. Lareau is not excluded,
Defendants still plan to have him testify, and his travel plans remain in conflict with the trial
dates, Defendants will file a motion to reschedule the trial, or alternatively, file a motion to have
Dr. Lareau testify remotely. Plaintiff reserves the right to oppose those motions.
Dated: February 19, 2026 	Respectfully submitted,
R OB B ONTA
Attorney General of California
J AY M. GOLDMAN
Supervising Deputy Attorney General
/s/ Michael Quinn
M ICHAEL J. QUINN
Deputy Attorney General
Attorneys for Defendants Parsons and
Goldstein
Dated: February 19, 2026 	BENESCH FRIEDLANDER COPLAN ARONOFF LLP
By: 	/s/ Kevin B. Frankel
Kevin B. Frankel
Attorneys for Plaintiff
Omar S. Gay
SF2017203975
44962850.docx
Case 3:16-cv-05998-JCS Document 176 Filed 02/20/26 Page 3 of 5

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Stipulation and [Proposed] Order (3:16-cv-05998-JCS)
SIGNATURE ATTESTATION
Pursuant to Civil L.R. 5-1.(i)(3), I hereby attest that the content of this document is acceptable
to Kevin B. Frankel, counsel for Plaintiff, and that I have obtained his authorization to affix his
electronic signature to this document.
Dated: February 19, 2026
By: /s/ Michael J. Quinn
Michael J. Quinn
Attorneys for Defendants
Parsons and Goldstein
Case 3:16-cv-05998-JCS Document 176 Filed 02/20/26 Page 4 of 5

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Stipulation and [Proposed] Order (3:16-cv-05998-JCS)
[PROPOSED] ORDER
Pursuant to the Stipulation and [Proposed] Order, and for good cause appearing therefore,
Plaintiff will file a Daubert motion regarding Dr. Lareau by February 27, 2026. Defendants will
file an opposition to the motion by March 6, 2026. Plaintiff will reply by March 13, 2026.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
DATED: 	February 20, 2026 _____________________________
The Honorable Joseph C. Spero
United States District Court Judge
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DENIED
Judge Joseph C. Spero
Case 3:16-cv-05998-JCS Document 176 Filed 02/20/26 Page 5 of 5