Campbell et al v. City of Oakland et al

Filing 70

STIPULATION AND ORDER RE 69 FOR NEW SCHEDULING ORDER. Pretrial Conference set for 2/10/2014 10:00 AM; Jury Selection set for 2/24/2014 09:00 AM; Jury Trial set for 2/24/2014 09:00 AM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 9/28/12. (cl, COURT STAFF) (Filed on 9/28/2012)

1 4 RACHEL LEDERMAN, SBN 130192 Rachel Lederman & Alexsis C. Beach, Attorneys at Law 558 Capp Street San Francisco, CA 94110 (415) 282-9300; fax (415) 285-5066 rlederman@2momslaw.com 5 and additional counsel listed on pleadings 6 Attorneys for plaintiffs Timothy Scott Campbell et al. 2 3 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 TIMOTHY SCOTT CAMPBELL, et al., 12 Plaintiffs, 13 No. CV11-05498 RS STIPULATED REQUEST FOR A NEW SCHEDULING ORDER; AND PROPOSED ORDER vs. 14 15 CITY OF OAKLAND, et al. Complaint Filed: Nov. 14, 2011 Current Trial Date: May 28, 2013 Defendants. 16 17 18 19 20 21 22 23 24 Whereas, the parties have agreed to participate in settlement discussions to see if the matter can be resolved without naming additional defendants, and have agreed to a limited discovery plan to facilitate such settlement discussions, and Magistrate Judge Beeler has set a further settlement conference for November 13, 2012; Whereas, the parties agree, and Judge Beeler recommends, to continue the trial date and extend deadlines to allow sufficient time for the settlement process; THEREFORE, the parties through their respective counsel jointly request that the court issue a new scheduling order setting the following dates and deadlines: 25 26 27 28 STIPULATED REQUEST FOR A NEW SCHEDULING ORDER CAMPBELL, ET AL. V. CITY OF OAKLAND, CASE NO. CV11-05498 RS 1 1 1. 2 AMENDMENT OF PLEADINGS: The parties shall complete amendments to the pleadings by April 1, 2013. 3 2. DISCOVERY: On or before September 6, 2013, all non-expert discovery shall be 4 completed by the parties. 5 3. 6 shall proceed as follows: EXPERT WITNESSES. The disclosure and discovery of expert witness opinions 7 A. On or before September 20, 2013, plaintiffs shall disclose expert testimony 8 reports in accordance with Federal Rule of Civil Procedure 26(a)(2). 9 B. On or before October 4, 2013, defendants shall disclose expert testimony and 10 reports in accordance with Federal Rule of Civil Procedure 26(a)(2). 11 C. On or before October 28, 2013, all discovery of expert witnesses pursuant to 12 Federal Rule of Civil Procedure 26(b)(4) shall be completed. 13 4. 14 Civil Local Rule 7. All pretrial motions shall be heard no later than December 12, 2013. 15 5. 16 PRETRIAL MOTIONS. All pretrial motions must be filed and served pursuant to PRETRIAL STATEMENTS. Counsel shall file a Joint Pretrial Statement on or before January 27, 2014. 17 6. PRETRIAL CONFERENCE. February 10, 2014, at 10:00 a.m. 18 7. TRIAL DATE. February 24, 2014, at 9:00 a.m. 19 The parties further stipulate to toll, from the date of this agreement until April 1, 20 2013, applicable limitations on California state law claims provided in Cal. Government 21 Code sections 945.6, 950.6 and related provisions, both as to the named plaintiffs, and as 22 to the other claimants who have presented administrative claims against the City of 23 Oakland and have made settlement demands as part of the settlement process in this case, 24 but who have not yet been named as plaintiffs in the within action: Max Bell Alper, 25 26 27 28 STIPULATED REQUEST FOR A NEW SCHEDULING ORDER CAMPBELL, ET AL. V. CITY OF OAKLAND, CASE NO. CV11-05498 RS 2 1 Brooke Anderson, Kevin Christensen, Mathias Bernarding, Mara Randle, Sukay Sow, 2 Max Stiers, Ruben Mendez, David Morse, Dereck Clemons, Scott Whitacre, and Suzi 3 Spangenberg. 4 5 It is so stipulated. Dated: September 27, 2012 6 /S/ Rachel Lederman Attorneys for plaintiffs T. Scott Campbell, et al. 7 /S/ 8 Linda Lye Attorneys for plaintiffs ACLU-NC, et al. 9 10 /S/ 11 William Simmons, Supervising City Attorney Attorney for defendants 12 13 SIGNATURE ATTESTATION 14 I am the ECF User whose ID and Password are being used to file 15 this stipulated request. In compliance with General Order 45, X.B., I hereby attest that 16 Ms. Lye and Mr. Simmons have concurred in this filing. 17 18 Dated: September 27, 2012 /S/ Rachel Lederman 19 20 21 22 23 24 25 26 27 28 STIPULATED REQUEST FOR A NEW SCHEDULING ORDER CAMPBELL, ET AL. V. CITY OF OAKLAND, CASE NO. CV11-05498 RS 3 1 [PROPOSED] ORDER 2 Pursuant to stipulation, and good cause appearing, the court vacates the current 3 trial date of May 28, 2013, and sets the following new schedule: 4 1. 5 AMENDMENT OF PLEADINGS: The parties shall complete amendments to the pleadings by April 1, 2013. 6 2. DISCOVERY: On or before September 6, 2013, all non-expert discovery shall be 7 completed by the parties. 8 3. 9 shall proceed as follows: EXPERT WITNESSES. The disclosure and discovery of expert witness opinions 10 A. On or before September 20, 2013, plaintiffs shall disclose expert testimony 11 reports in accordance with Federal Rule of Civil Procedure 26(a)(2). 12 B. On or before October 4, 2013, defendants shall disclose expert testimony and 13 reports in accordance with Federal Rule of Civil Procedure 26(a)(2). 14 C. On or before October 28, 2013, all discovery of expert witnesses pursuant to 15 Federal Rule of Civil Procedure 26(b)(4) shall be completed. 16 4. 17 Civil Local Rule 7. All pretrial motions shall be heard no later than December 12, 2013. 18 5. 19 20 PRETRIAL MOTIONS. All pretrial motions must be filed and served pursuant to PRETRIAL STATEMENTS. Counsel shall file a Joint Pretrial Statement on or before January 27, 2014. 6. PRETRIAL CONFERENCE. The pretrial conference will be held on February 21 10, 2014, at 10:00 a.m. in Courtroom 3, 17th Floor, United States Courthouse, 450 22 Golden Gate Avenue, San Francisco, California. 23 24 7. TRIAL DATE. Trial shall commence on February 24, 2014, at 9:00 a.m., in Courtroom 3, 17th Floor, United States Courthouse, 450 Golden Gate Avenue, San 25 26 27 28 STIPULATED REQUEST FOR A NEW SCHEDULING ORDER CAMPBELL, ET AL. V. CITY OF OAKLAND, CASE NO. CV11-05498 RS 4 1 Francisco, California. 2 3 IT IS SO ORDERED. 4 5 6 7 9/28/12 Dated: _________________ ____________________________ RICHARD SEEBORG United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED REQUEST FOR A NEW SCHEDULING ORDER CAMPBELL, ET AL. V. CITY OF OAKLAND, CASE NO. CV11-05498 RS 5