Lewis, et al v. Russell, et al
Filing
514
STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 1/17/17 ORDERING that the hearing re 498 is CONTINUED to 3/1/2017 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Mena-Sanchez, 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:
(916) 379-7530
Facsimile:
(916) 379-7535
JHartmanKing@KingWilliamsLaw.com
ALungren@KingWilliamsLaw.com
TBowlin@KingWilliamsLaw.com
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
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: (916) 379-7530 / FAX: (916) 379-7535
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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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January 25, 2017
March 1, 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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00014298.2
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:
WHEREAS, the City noticed a Motion to Compel and for Sanctions (“Motion”), as to The
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Davis Center, and a hearing was set before the Honorable Allison Claire on January 25, 2017;
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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;
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WHEREAS, on September 21, 2016, The Davis Center produced for deposition its Rule
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 fifth request for continuance of the hearing on the City’s Motion;
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WHEREAS, the City and The Davis Center, along with the other participating parties in
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this matter, believe they have reached agreement on the major terms of a settlement, but require
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time to draft settlement documents and secure approval of those terms, a process that is likely to
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require at least another eight weeks;
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WHEREAS, the City and The Davis Center agree that additional time is necessary to
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finalize the settlement documents and avoid the need for a hearing on the City’s Motion. The
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Parties, therefore, stipulate to continue the hearing on the City’s Motion to a new date of March 1,
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2017, at 10:00 a.m., or at such date and time that is 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
00014298.2
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STIPULATION TO CONTINUE THE CITY OF DAVIS’S MOTION TO COMPEL/SANCTIONS;
[PROPOSED] ORDER
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new hearing date;
NOW THEREFORE, the Parties hereby stipulate to the recitals set forth directly above.
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Dated: January 13, 2017
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Respectfully submitted,
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: January 13, 2017
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Respectfully submitted,
KOELLER, NEBEKER,
CARLSON & HALUCK, LLP
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By: /s/ Peter W. Dye (as authorized on January 12, 2017)
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,
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IT IS SO ORDERED.
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Dated: January 17, 2017
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00014298.2
-2STIPULATION TO CONTINUE THE CITY OF DAVIS’S MOTION TO COMPEL/SANCTIONS;
[PROPOSED] ORDER
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