Lewis, et al v. Russell, et al

Filing 517

ORDER signed by Magistrate Judge Allison Claire on 2/23/2017 ORDERING The Davis Center, LLC's, Motion Hearing 498 is CONTINUED to 5/10/2017 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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March 1, 2017
May 10, 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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00014778.1

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:
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 March 1, 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, the hearing date for the City’s Motion has been continued five times;

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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 four 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 May 10,

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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
00014778.1

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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: February 22, 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: February 22, 2017

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KOELLER, NEBEKER,
CARLSON & HALUCK, LLP

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By: /s/ Peter W. Dye (as authorized February 22, 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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Respectfully submitted,

Pursuant to the foregoing Stipulation,
IT IS SO ORDERED.

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Dated: February 23, 2017

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00014778.1

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