California River Watch v. City of Livingston

Filing 10

Stipulation and Order Re: Further Modification of Scheduling Order Deadlines The Initial Scheduling Conference is now set for September 5, 2014 at 10:00 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng, signed by Magistrate Judge Michael J. Seng on 07/18/2014. (Yu, L)

1 Jack Silver (SBN: 160575)
[e-mail]
2 Law Office of Jack Silver
Post Office Box 5469
3 Santa Rosa, CA 95402
Telephone: [phone]
4 Facsimile: [phone]
5 David J. Weinsoff (SBN: 141372)
[e-mail]
6 Law Office of David J. Weinsoff
138 Ridgeway Avenue
7 Fairfax, CA 94930
Telephone: [phone]
8 Facsimile: [phone]
9 Attorneys for Plaintiff
CALIFORNIA RIVER WATCH
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Gregory J. Newmark (SBN: 190488)
11 [e-mail]
Sarah N. Olinger (SBN: 251546)
12 [e-mail]
MEYERS, NAVE, RIBACK, SILVER & WILSON
13 633 W. 5th Street, Suite 1700
Los Angeles, California 90071
14 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Defendant
16 CITY OF LIVINGSTON
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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20 California River Watch,
Plaintiff,

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v.

23 City of Livingston,
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Defendant.

Case No. 1:14-CV-00437-AWI-MJS
STIPULATION AND
ORDER RE FURTHER MODIFICATION
OF SCHEDULING ORDER DEADLINES
Judge: Hon. Anthony Ishii
Magistrate Judge: Hon. Michael Seng
Scheduling Conference:
Date: July 31, 2014
Time: 11:00 am
Courtroom 6
Proposed New Date: September 5, 2014
Proposed New Time: 11:00 am

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1:14-CV-00437-AWI-MJS
STIP & [PROPOSED] ORDER RE FURTHER MODIFICATION OF SCHEDULING ORDER DEADLINES

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The Plaintiff, CALIFORNIA RIVER WATCH, and the Defendant, CITY OF

2 LIVINGSTON, by and through their undersigned counsel of record, hereby stipulate
3 and seek an Order from the Court to reschedule the date of the initial mandatory
4 Scheduling Conference and related deadlines as set forth below:
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WHEREAS, pursuant to Stipulation and Order re Modification of Scheduling

6 Order Deadlines signed by the Court on May 5, 2014 (Dkt. No. 7), the current initial
7 Scheduling Conference is scheduled for July 31, 2014, at 11:00 a.m. before U.S.

8 Magistrate Judge Seng;
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WHEREAS, the parties have commenced settlement negotiations and

10 productive settlement negotiations are ongoing;
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WHEREAS, pursuant to Federal Rule of Civil Procedure 26(f)(1), the parties

12 met and conferred on July 10, 2014;
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WHEREAS, during their meet and confer, the parties agreed that postponing

14 the initial Scheduling Conference would allow the parties to focus on settlement

15 negotiations;
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WHEREAS, the parties have agreed that the date of the initial Scheduling

17 Conference, as well as the deadlines for filing the Joint Scheduling Report and
18 Initial Disclosures, should be continued as set forth herein; and
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WHEREAS, the parties have already modified the date of the initial

20 Scheduling Conference by an extension of twenty-eight days, and are now seeking
21 an additional extension of thirty-six days.
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NOW THEREFORE, it is hereby stipulated by the parties that the following

23 deadlines should be modified as follows:
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1.

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September 5, 2014, at 11:00 am in Courtroom 6.
2.

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The initial Scheduling Conference may be continued to Friday,

The parties will prepare, execute, and file a Joint Scheduling Report on
or before Friday, August 29, 2014.

3.

The parties will defer making Initial Disclosures unless and until one
1:14-CV-00437-AWI-MJS
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STIP & ORDER RE FURTHER MODIFICATION OF SCHEDULING ORDER DEADLINES

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party serves written notice on the other party to commence the

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exchange of Initial Disclosures, and such Initial Disclosures shall be

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made within thirty (30) calendar days after service of such notice.

4 IT IS SO STIPULATED.
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6 DATED: July 18, 2014
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LAW OFFICE OF DAVID J. WEINSOFF
LAW OFFICE OF JACK SILVER

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By:

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/s/ David J. Weinsoff
David J. Weinsoff
Jack Silver
Attorneys for Plaintiff
CALIFORNIA RIVER WATCH

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DATED: July 18, 2014

MEYERS, NAVE, RIBACK, SILVER &
WILSON

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By:

/s/ Gregory J. Newmark
Gregory J. Newmark
Attorneys for Defendant
CITY OF LIVINGSTON

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1:14-CV-00437-AWI-MJS
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STIP & ORDER RE FURTHER MODIFICATION OF SCHEDULING ORDER DEADLINES

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ORDER
Having considered the Stipulation of the parties, and GOOD CAUSE

3 appearing, this Court hereby approves the foregoing stipulation and modifies the
4 scheduling deadlines in this matter as follows:
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1.

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September 5, 2014, at 11:00 am in Courtroom 6.
2.

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The initial Scheduling Conference is hereby continued to Friday,

The parties will prepare, execute, and file a Joint Scheduling Report on
or before Friday, August 29, 2014.

3.

The parties will defer making Initial Disclosures unless and until one

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party serves written notice on the other party to commence the

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exchange of Initial Disclosures, and such Initial Disclosures shall be

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made within thirty (30) calendar days after service of such notice.

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All other prior dates are vacated.

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15 IT IS SO ORDERED.
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Dated:

July 18, 2014

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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1:14-CV-00437-AWI-MJS
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STIP & ORDER RE FURTHER MODIFICATION OF SCHEDULING ORDER DEADLINES