Jones v. City of Orange Cove

Filing 18

STIPULATION and ORDER TO CONTINUE TRIAL - Initial Disclosure NO CHANGE, Non Expert Disclosure 2/1/2010, Expert Disclosure 3/15/2010, Dispositive Motions due by 4/15/2010, Hearing 5/20/2010, Non-Dispositive Motions due by 3/20/2010, Hearing 4/30/2010, Settlement Conference set for 2/17/2010 at 10:00 AM in Courtroom 7 (SMS) before Magistrate Judge Sandra M. Snyder, Pretrial Conference set for 5/7/2010 at 01:30 PM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck, Jury Trial set for 6/15/2010 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck, signed by Magistrate Judge Dennis L. Beck on 10/23/2009. (Hernandez, M)

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Daniel T. McCloskey, Esq. #117560 James F. McBrearty, Esq., #143117 TUTTLE & McCLOSKEY A PROFESSIONAL CORPORATION 750 East Bullard, Suite 101 Fresno, California 93710 Telephone: [phone] Facsimile: [phone] Attorney for Defendant, CITY OF ORANGE COVE H. Ty Kharazi, Esq.; SBN 187894 YARRA, KHARAZI & ASSOCIATES 1250 Fulton Mall Fresno, CA 93721 Tel: [phone] Fax: [phone] Attorneys for Plaintiff, SUE JONES

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SUE JONES, Plaintiff, v., CITY OF ORANGE COVE and Does 1 through 25, inclusive, Defendants. STIPULATION TO CONTINUE TRIAL DATE Current Trial Date: April 27, 2010 Proposed Trial Date: June 14, 2010 Case No. 1:08-CV-00775 DLB

THE PARTIES HAVE HERETORE HAVE AGREED TO HAVE THIS CASE TRIED BEFORE A MAGISTRATE J D GE. U Plaintiff, Sue J nes was and is a resident of Orange Cove. Sue J nes is one of the o o largest property owners in Orange Cove, including ownership of the property at issue, located at 449 "G" Street, No. 11, in Orange Cove (Subject Property) This case concerns the alleged improper actions of Orange Cove which Ms. J nes claims were design to o punish her for supporting an opponent of Mayor Lopez during the last election cycle.
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On her second claim J nes claims that Defendants' attempted to make Sue J nes o o pay the past due water bills for prior tenants by requiring payment before water can be provided to the building increasing the cost of her operation as a property owner. Plaintiff also objects to the City's amendment to Orange Cove Municipal Code Section 15.17.070. The code section provides that landlords are responsible for the City claims that the amended code section is

delinquent water bills of their tenants.

patterned after numerous such code sections in other valley cities. During the pendency of this litigation, the City leadership changed. This change caused the City defendant and Plaintiff to have a better relationship. As a direct result of this "better relationship" the parties met in an informal settlement conference on October 15, 2009 and reached substantial resolution as it relates to the Orange Cove Municipal Code §15.17.070 which is in dispute. This in essence would wipe out one half of the issues. The parties also discussed potential settlement of the remainder of the dispute between them. To reach that resolution, further engineering work is required and the parties have agreed to perform that work and meet again once the analysis has been completed. Because of the new amicable nature of the parties relationship, little discovery has been held. The parties are very hopeful that the matter would be resolved soon. However, to protect their respective rights they are respectfully seeking a continuance of the currently set trial date to J ne 14, 2009. They ask the court to provide guidance as to what would u be the appropriate dates for all corresponding deadlines. A summary of the current set dates and those which have been proposed follows: // // // // //
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Event Initial Disclosure Non-Expert Disclosure Expert Disclosure Non Dispo Motion filing

Date J nuary 20, 2009 a October 8, 2009 December 10, 2009 December 15, 2009

Proposed New Date No change February 1, 2010 March 15, 2010 March 20, 2010 April 30, 2010 April 15, 2010 May 20, 2010 February 17, 2010 at 10:00 am

Non Dispo Motion hearing J nuary 09, 2009 a Dispositive Motion filing December 30, 2009

Dispositive Motion hearing J nuary 29, 2009 a Settlement Conference November 10, 2009

before Magistrate J dge Snyder u Pre-Trial Conference Magistrate J dge Beck u Trial Date April 27, 2010 J ne 15, 2010 at 9:00 am u March 12, 2010 May 7, 2010 at 1:30 pm before

before Magistrate J dge Beck u The parties believe that if they are given some additional time they may be able to resolve the matter altogether. They believe that stipulation proposed herein provides for that additional time. IT IS SO STIPULATED Dated: October 21,2009 Tuttle & McCloskey A Professional Corporation By /s/ J mes F. McBrearty a J mes F. McBrearty a Attorneys for Defendant, City of Orange Cove

Dated:

October 21, 2009

Yarra, Kharazi & Associates By /s/ H. Ty Kharazi H. Ty Kharazi, Esq. Attorneys for Plaintiff, Sue J nes o

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DEAC_Signature -END:

ORDER Based on the stipulation of the parties, and good cause appearing, it is hereby ordered that the trial date shall be moved to June 15, 2010.

IT IS SO ORDERED. Dated:

October 23, 2009

/s/ Dennis

L. Beck

UNITED STATES MAGISTRATE JUDGE 3b142a

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