United States of America v. City and County of San Francisco, Hetch Hetchy Water and Power

Filing 27

THIRD ORDER EXTENDING SCHEDULING DATES signed by Magistrate Judge Dennis L. Beck on 1/16/2009. Expert Disclosure: July 20, 2009; Supplemental Expert Disclosure: August 17, 2009; Nonexpert Discovery Cutoff: August 17, 2009; Expert Discovery Cutoff: October 19, 2009; Pretrial Motion Filing: January 19, 2010; Pretrial Motion Hearing: March 4, 2010; Pretrial Conference CONTINUED to 4/5/2010 at 08:15 AM in Courtroom 4(LJO) before District Judge Lawrence J. O'Neill; Jury Trial CONTINUED to 5/17/2010 at 08:30 AM in Courtroom 4(LJO) before District Judge Lawrence J. O'Neill. (Esteves, C)

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DENNIS J. HERRERA, State Bar #139669 City Attorney JOANNE HOEPER, State Bar #114961 Chief Trial Attorney MARK D. LIPTON, State Bar #152864 Deputy City Attorney Fox Plaza 1390 Market Street, Sixth Floor San Francisco, California 94102-5408 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Defendant CITY AND COUNTY OF SAN FRANCISCO UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, Plaintiff, vs. CITY AND COUNTY OF SAN FRANCISCO, HETCH HETCHY WATER AND POWER, Defendant. Case No. I:07-cv-01300-LJO/DLB THIRD STIPULATION TO EXTEND SCHEDULING ORDER DATES

Trial Date:

February 16, 2010

Plaintiff, the United States of America and Defendant City and County of San Francisco, Hetch Hetchy Water and Power, by and through their respective counsel of record, hereby stipulate as follows: 1. this action. 2. On August 26, 2008, the parties filed a stipulation and order to extend scheduling This stipulation is executed by all parties who have appeared in and are affected by

order dates by 120 ­ 130 days (Document 14), which the Court signed on August 29, 2008. 3. On October 30, 2008 the parties filed a second stipulation and order to extend 1
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scheduling order dates by 60 days (Document 19), which the Court signed on that same date.
3RD STIP. RE SCHEDULING ORDER CASE NO. I:07-CV-01300-LJO/DLB

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4.

At the time the parties filed the second stipulation, the City underestimated the amount

of time and effort necessary to comply with plaintiff's numerous and extensive discovery requests. Since that time, the City and its counsel have made efforts to further comply with the outstanding discovery. The parties have had multiple meet and confer conferences regarding a wide variety of discovery issues, some of which are the subject of plaintiff's pending motion to compel. Because the parties appear to have made substantial progress regarding these discovery matters, they have agreed to extend that hearing from January 16, 2009 to a date on or about March 6, 2009 subject to the Court's calendar (the agreement regarding the motion to compel will be memorialized in a separate stipulation). 5. The City has also agreed to file amended discovery responses and, toward that end, is

in the process of obtaining additional responsive documents from the Public Utilities Commission and its subcontractors. Given the large number of discovery requests in dispute, as well as the number and type of documents that are potentially responsive to those requests, the parties will require additional time for discovery, motions, and future settlement discussions. Specifically, plaintiff's experts cannot complete their investigation and analysis without information that has not yet been provided by the defendant. Also, the parties have agreed to return to mediation sometime in 2009. 6. Accordingly, the parties now jointly ask this Court to extend dates set in the

Scheduling Conference Order as stated below. CURRENT DATE Expert Disclosure: Supplemental Expert Disclosure: Nonexpert Discovery Cutoff: Expert Discovery Cutoff: Pretrial Motion Filing Deadline: Pretrial Motion Hearing Deadline: Settlement Conference ///
3RD STIP. RE SCHEDULING ORDER CASE NO. I:07-CV-01300-LJO/DLB

NEW DATE REQUESTED July 20, 2009 August 17, 2009 August 17, 2009 October 19, 2009 January 19, 2010 March 4, 2010 none set

March 20, 2009 April 17, 2009 April 17, 2009 June 19, 2009 September 18, 2009 November 4, 2009 None set 2

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Expert Disclosure: Supplemental Expert Disclosure: Nonexpert Discovery Cutoff: Expert Discovery Cutoff:
3 STIP. RE SCHEDULING ORDER CASE NO. I:07-CV-01300-LJO/DLB
RD

CURRENT DATE Pretrial Conference: Trial Date: December 10, 2009 February 16, 2010

NEW DATE REQUESTED April 5, 2010 May 17, 2010

Respectfully submitted, FOR PLAINTIFF: Dated: January 13, 2009 LAWRENCE G. BROWN Acting United States Attorney

By: /s/ Catherine Swann CATHERINE J. SWANN Assistant U.S. Attorney Attorneys for Plaintiff The United States (original signature retained by counsel) FOR DEFENDANT: Dated: January 13, 2009 DENNIS J. HERRERA City Attorney JOANNE HOEPER Chief Trial Deputy

By: /s/ MARK D. LIPTON Deputy City Attorney Attorneys for Defendant City and County of San Francisco

ORDER Based on this stipulation and good cause having been shown, IT IS HEREBY ORDERED that the current Scheduling Order dates are continued, as follows: CURRENT DATE March 20, 2009 April 17, 2009 April 17, 2009 June 19, 2009 3 NEW DATE July 20, 2009 August 17, 2009 August 17, 2009 October 19, 2009
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3RD STIP. RE SCHEDULING ORDER CASE NO. I:07-CV-01300-LJO/DLB

CURRENT DATE Pretrial Motion Filing Deadline: Pretrial Motion Hearing Deadline: Settlement Conference Pretrial Conference: Trial Date: September 18, 2009 November 4, 2009 None set December 10, 2009 February 16, 2010

NEW DATE January 19, 2010 March 4, 2010 none set April 5, 2010 May 17, 2010

Dated: 16 January 2008

/s/ Dennis L. Beck THE HONORABLE Dennis L. Beck United States Magistrate Judge

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