Lewis, et al v. Russell, et al

Filing 525

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 6/16/2017 ORDERING that the hearing on the City's 498 Motion to Compel and for Sanctions is CONTINUED to 8/23/2017 at 10:00 AM. (Zignago, K.)

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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 Counter Claimant
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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June 21, 2017
August 23, 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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00016112.7

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

STIPULATION

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Counter Claimant, The City of Davis (the “City”), and Counter Claimants The Davis

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Center, LLC; Emily A. Stover, individually and as Trustee of the Stover Family Trust and as

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Personal Representative for Melvin Stover (Deceased); and Richard Albert Stinchfield,

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individually and as Trustee of the Robert S. Stinchfield Separate Real Property Trust and as

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Trustee of the Barbara Ellen Stinchfield Testamentary Trust (collectively, the “Landowners”),

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(the City and the Landowners are referred to collectively herein as the “Parties”), by and through

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their respective counsel, hereby stipulate as follows:

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

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No. 498), as to the Landowners, and a hearing was set before the Honorable Allison Claire and

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most recently continued to June 21, 2017 (Docket No. 521);

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

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

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rule 30(b)(6) (“Rule 30(b)(6)”), by the discovery cutoff deadline of September 21, 2016;

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WHEREAS, on September 21, 2016, the Landowners 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 Landowners;

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WHEREAS, the hearing date for the City’s Motion has been continued seven times;

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WHEREAS, the City and the Landowners, along with the other participating parties in

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this matter, have reached agreement on the major terms of settlement;

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WHEREAS, settlement agreement documents are pending review and approval by the

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regulatory oversight agency, the California Regional Water Quality Control Board, Central

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Valley Region (“CVRWQCB”);

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WHEREAS, the City and the Landowners agree that additional time is necessary to secure

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the CVRWQCB’s approval of settlement agreement documents 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 August 23, 2017, at 10:00 a.m., or at such date and time that is

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convenient for the Court;
00016112.7

-1STIPULATION TO CONTINUE THE CITY OF DAVIS’S MOTION TO COMPEL/SANCTIONS;
[PROPOSED] ORDER

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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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NOW THEREFORE, the Parties hereby stipulate to the recitals set forth directly above.

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Dated: June 15, 2017

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Respectfully submitted,
KING WILLIAMS LLP

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By: /s/ Jennifer Hartman King_
Jennifer Hartman King
Attorneys for Counter Claimant City of Davis

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Dated: June 15, 2017

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Respectfully submitted,
KOELLER, NEBEKER,
CARLSON & HALUCK, LLP

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By: /s/ Peter W. Dye (as authorized on June 15, 2017)
Peter W. Dye
Attorneys for Counter Claimants The Davis Center, LLC;
Emily A. 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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00016112.7

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

[PROPOSED] ORDER

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Pursuant to the foregoing Stipulation,

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IT IS SO ORDERED.

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Dated: June 16, 2017

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00016112.7

-3STIPULATION TO CONTINUE THE CITY OF DAVIS’S MOTION TO COMPEL/SANCTIONS;
[PROPOSED] ORDER