Franklin v. Sacramento Area Flood Control Agency et al

Filing 50

STIPULATION and ORDER signed by Judge William B. Shubb on 1/29/09: Final Pretrial Conference RESET for 4/6/2009 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. (Kaminski, H)

A PROFESSIONAL CORPORATION

Carl L. Fessenden, SBN 161494 James S. Yi, SBN 251007 350 University Ave., Suite 200 Sacramento, California 95825 TEL: [phone] FAX: [phone] Attorneys for Defendants SACRAMENTO AREA FLOOD CONTROL AGENCY and CITY OF SACRAMENTO MURRAY & ASSOCIATES Lawrence J. Murray, SBN 77536 1781 Union Street San Francisco, CA 94123 TEL: [phone] FAX: [phone] Attorney for Plaintiff MAGGIE FRANKLIN

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MAGGIE FRANKLIN, Plaintiff, v. SACRAMENTO AREA FLOOD CONTROL AGENCY, a public entity, CITY OF SACRAMENTO, a public agency, Defendants. Plaintiff MAGGIE FRANKLIN and Defendants SACRAMENTO AREA FLOOD CONTROL AGENCY, and the CITY OF SACRAMENTO, by and through their respective attorneys of record, hereby stipulate and request the Court to further modify the Pre-Trial CASE NO. 2:07-CV-01263-WBS-GGH FOURTH JOINT STIPULATION AND [PROPOSED] ORDER TO MODIFY SCHEDULING ORDER AND CONTINUE THE FINAL PRE-TRIAL CONFERENCE Complaint Filed: June 26, 2007 1st Amended Complaint Filed: June 16, 2008

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FOURTH JOINT STIPULATION AND [PROPOSED] ORDER TO MODIFY SCHEDULING ORDER AND CONTINUE THE FINAL PRE-TRIAL CONFERENCE

Scheduling Order by continuing the Final Pre-Trial Conference from February 23, 2009 to April 6, 2009. Jury trial in this case is currently scheduled for May 27, 2009. Good cause exists to continue the Final Pre-Trial Conference because Defendants' Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment ("Defendants' Motion") against all of Plaintiff's nine claims for relief is currently pending before the Court. Since the hearing for Defendants' Motion is set for March 2, 2009, the Final Pre-Trial Conference is scheduled to occur before the Court rules on Defendants' Motion. The parties believe obtaining the Court's ruling on Defendants' Motion for Summary Judgment before preparing their Separate Pre-Trial Statements will result in the more efficient and effective use of the Court's time and resources. For this reason, the parties respectfully request the Court continue the Final Pre-Trial Conference from February 23, 2009 to April 6, 2009 at 2:00 p.m. PORTER SCOTT A PROFESSIONAL CORPORATION January 26, 2009 By /s/ Carl L. Fessenden Carl L. Fessenden James S. Yi Attorneys for Defendants MURRAY & ASSOCIATES January 26, 2009 By /s/ Lawrence D. Murray (as authorized on 1/26/09) Lawrence D. Murray Attorney for Plaintiff

IT IS SO ORDERED. Dated: January 29, 2009

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