Lewis, et al v. Russell, et al

Filing 510

ORDER signed by Magistrate Judge Allison Claire on 12/7/2016 ORDERING 498 the Motion to Compel Hearing is Reset to 1/25/2017 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Reader, L)

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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:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
[e-mail]
BEST, BEST & KRIEGER LLP
HARRIET A. STEINER (Bar No. 109436)
500 Capitol Mall, Suite 1700
Sacramento, CA 95814
Telephone: [phone]
Facsimile:
[phone]
[e-mail]

Exempt From Filing Fees Pursuant To
Government Code Section 6103

Attorneys for Defendant
CITY OF DAVIS

KING WILLIAMS LLP
520 CAPITOL MALL, SUITE 750
SACRAMENTO, CA 95814
TEL: [phone] / FAX: [phone]

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHARLES H. LEWIS AND JANE W.
LEWIS,
Plaintiffs,

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v.
ROBERT D. RUSSELL, ET AL.,
Defendants,

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Case No.: CIV S-03-2646 WBS AC
STIPULATION TO CONTINUE
THE HEARING ON THE CITY OF
DAVIS’S MOTION TO COMPEL AND
FOR SANCTIONS AS TO
THE DAVIS CENTER;
[PROPOSED] ORDER
[LR 144]
Hearing Date:
New Date:
Time:
Courtroom:
Magistrate Judge:

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December 14, 2016
January 25, 2017
10:00 a.m.
26, 8th Floor
Hon. Allison Claire

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AND RELATED COUNTER, CROSS AND
THIRD PARTY CLAIMS.

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00013941.1

STIPULATION TO CONTINUE THE CITY OF DAVIS’S MOTION TO COMPEL/SANCTIONS
[PROPOSED] ORDER

STIPULATION

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Defendant, The City of Davis (the “City”), and Defendant/Cross-Complainants/Third

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Party Plaintiffs THE DAVIS CENTER LLC; EMILY STOVER, Individually, and as Trustee of

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the STOVER FAMILY TRUST and as Personal Representative for Melvin Stover (Deceased);

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and RICHARD ALBERT STINCHFIELD, Individually and as Trustee of the ROBERT S.

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STINCHFIELD SEPARATE REAL PROPERTY TRUST and as Trustee of the BARBARA

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ELLEN STINCHFIELD TESTAMENTARY TRUST (“The Davis Center”), (collectively, the

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“Parties”), by and through their respective counsel, hereby stipulate as follows:

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WHEREAS, the City noticed a Motion to Compel and for Sanctions (“Motion”), as to The

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Davis Center which is set for hearing before the Honorable Allison Claire on December 14, 2016;

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WHEREAS, the City’s Motion seeks an order from the Court compelling The Davis

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Center to produce a prepared witness for the City to depose, pursuant to Federal Rule of Civil

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Procedure rule 30(b)(6) (“Rule 30(b)(6)”), by the discovery cutoff deadline of September 21,

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2016;
WHEREAS, on September 21, 2016, The Davis Center produced for deposition its Rule

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30(b)(6) designated witness in Woodland Hills, California;

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WHEREAS, the City’s Motion also seeks an order for sanctions as to The Davis Center;

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WHEREAS, this is the fourth request for continuance of the hearing on the City’s Motion;

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WHEREAS, the City and The Davis Center have been engaged in good faith settlement

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negotiations in an effort to reach a mutually agreeable resolution and avoid the need for a hearing

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on the City’s Motion. The Parties, therefore, stipulate to continue the hearing on the City’s

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Motion to a new date of January 25, 2017 at 10:00 a.m., or at such date and time that is

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convenient for the Court;

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WHEREAS, the Parties stipulate that all deadlines and/or requirements applicable to the

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City’s Motion pursuant to the Federal Rules of Civil Procedure or Local Rules shall run from the

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new hearing date;

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///

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///
00013941.1

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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

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above.

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Dated: December 6, 2016

Respectfully submitted,

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KING WILLIAMS LLP

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By: /s/ Jennifer Hartman King
Jennifer Hartman King
Attorneys for Defendant
CITY OF DAVIS

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Dated: December 6, 2016

Respectfully submitted,

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KOELLER, NEBEKER,
CARLSON & HALUCK, LLP

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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

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[PROPOSED] ORDER

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Pursuant to the foregoing Stipulation,
IT IS SO ORDERED.

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Dated: December 7, 2016

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00013941.1

-2STIPULATION TO CONTINUE THE CITY OF DAVIS’S MOTION TO COMPEL/SANCTIONS;
[PROPOSED] ORDER