Lewis, et al v. Russell, et al

Filing 508

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 10/26/2016 ORDERING that the hearing re 498 Motion to Compel and for Sanctions is CONTINUED to 12/14/2016 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Zignago, K.)

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1 2 3 4 5 6 7 8 9 10 11 12 JENNIFER HARTMAN KING (Bar No. 211313) ALANNA C. LUNGREN (Bar No. 269668) TYLER BOWLIN (Bar No. 305715) KING WILLIAMS LLP 520 Capitol Mall, Suite 750 Sacramento, CA 95814 Telephone: (916) 379-7530 Facsimile: (916) 379-7535 JHartmanKing@KingWilliamsLaw.com ALungren@KingWilliamsLaw.com TBowlin@KingWilliamsLaw.com Exempt From Filing Fees Pursuant To Government Code Section 6103 BEST, BEST & KRIEGER LLP HARRIET A. STEINER (Bar No. 109436) 500 Capitol Mall, Suite 1700 Sacramento, CA 95814 Telephone: (916) 325-4000 Facsimile: (916) 325-4010 Harriet.Steiner@bbklaw.com Attorneys for Defendant CITY OF DAVIS KING WILLIAMS LLP 520 CAPITOL MALL, SUITE 750 SACRAMENTO, CA 95814 TEL: (916) 379-7530 / FAX: (916) 379-7535 13 UNITED STATES DISTRICT COURT 14 EASTERN DISTRICT OF CALIFORNIA 15 16 17 20 21 STIPULATION TO CONTINUE THE CITY OF DAVIS’S MOTION TO COMPEL AND FOR SANCTIONS AS TO THE DAVIS CENTER; Plaintiffs, 18 19 Case No.: CIV S-03-2646 WBS AC CHARLES H. LEWIS AND JANE W. LEWIS, v. ROBERT D. RUSSELL, ET AL., [PROPOSED] ORDER Defendants, [LR 144] Hearing Date: New Date: Time: Courtroom: Magistrate Judge: 22 23 24 November 2, 2016 December 14, 2016 10:00 a.m. 26, 8th Floor Hon. Allison Claire 25 26 AND RELATED COUNTER, CROSS AND THIRD PARTY CLAIMS. 27 28 10-25-2016 Stipulation to Continue COD Motion to Compel and for Sanctions.1 00012904.1 1 STIPULATION TO CONTINUE THE CITY OF DAVIS’S MOTION TO COMPEL/SANCTIONS [PROPOSED] ORDER STIPULATION 1 2 3 Defendant, The City of Davis (the “City”), and Defendant/Cross-Complainants/Third 4 Party Plaintiffs THE DAVIS CENTER LLC; EMILY STOVER, Individually, and as Trustee of 5 the STOVER FAMILY TRUST and as Personal Representative for Melvin Stover (Deceased); 6 and RICHARD ALBERT STINCHFIELD, Individually and as Trustee of the ROBERT S. 7 STINCHFIELD SEPARATE REAL PROPERTY TRUST and as Trustee of the BARBARA 8 ELLEN STINCHFIELD TESTAMENTARY TRUST (“The Davis Center”), (collectively, the 9 “Parties”), by and through their respective counsel, hereby stipulate as follows: WHEREAS, the City noticed a Motion to Compel and for Sanctions (“Motion”), as to The 10 11 Davis Center which is set for hearing before the Honorable Allison Claire on November 2, 2016; 12 WHEREAS, the City’s Motion seeks an order from the Court compelling The Davis 13 Center to produce a prepared witness for the City to depose, pursuant to Federal Rule of Civil 14 Procedure rule 30(b)(6) (“Rule 30(b)(6)”), by the discovery cutoff deadline of September 21, 15 2016; WHEREAS, on September 21, 2016, The Davis Center produced for deposition its Rule 16 17 30(b)(6) designated witness in Woodland Hills, California; 18 WHEREAS, the City’s Motion also seeks an order for sanctions as to The Davis Center; 19 WHEREAS, this is the second request for continuance of the hearing on the City’s 20 Motion; 21 WHEREAS, to allow the City and The Davis Center sufficient time to potentially reach a 22 mutually agreeable resolution and avoid the need for a hearing on the City’s Motion, the Parties 23 stipulate to continue the hearing on the City’s Motion to a new date of December 14, 2016 at 24 10:00 a.m., or at such date and time that is convenient for the Court; 25 WHEREAS, the Parties stipulate that all deadlines and/or requirements applicable to the 26 City’s Motion pursuant to the Federal Rules of Civil Procedure or Local Rules shall run from the 27 new hearing date; 28 /// 10-25-2016 Stipulation to Continue COD Motion to Compel and for Sanctions.1 00012904.1 1 STIPULATION TO CONTINUE THE CITY OF DAVIS’S MOTION TO COMPEL/SANCTIONS; [PROPOSED] ORDER NOW THEREFORE, the Parties hereby stipulate to the recitals set forth directly 1 2 above. 3 4 Dated: October 25, 2016 Respectfully submitted, 5 KING WILLIAMS LLP 6 7 By: /s/ Jennifer Hartman King Jennifer Hartman King Attorneys for Defendant CITY OF DAVIS 8 9 10 Dated: October 25, 2016 Respectfully submitted, 11 KOELLER, NEBEKER, CARLSON & HALUCK, LLP 12 13 By: /s/ Peter W. Dye Peter W. Dye Attorneys for THE DAVIS CENTER LLC; EMILY STOVER, Individually, and as Trustee of the STOVER FAMILY TRUST and as Personal Representative for Melvin Stover (Deceased); and RICHARD ALBERT STINCHFIELD, Individually and as Trustee of the ROBERT S. STINCHFIELD SEPARATE REAL PROPERTY TRUST and as Trustee of the BARBARA ELLEN STINCHFIELD TESTAMENTARY TRUST 14 15 16 17 18 19 20 21 [PROPOSED] ORDER 22 23 24 Pursuant to the foregoing Stipulation, IT IS SO ORDERED. 25 26 Dated: October 26, 2016 27 28 10-25-2016 Stipulation to Continue COD Motion to Compel and for Sanctions.1 00012904.1 -2- STIPULATION TO CONTINUE THE CITY OF DAVIS’S MOTION TO COMPEL/SANCTIONS; [PROPOSED] ORDER

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