Dawe v. Corrections USA et al

Filing 527

STIPULATION and ORDER Exteding time for Plaintiffs' filing of Bill of Costs signed by Senior Judge Lawrence K. Karlton on 11/04/10. (Mena-Sanchez, L)

Dawe v. Corrections USA, et al

Doc. 527

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WILKE, FLEURY, HOFFELT, GOULD & BIRNEY, LLP
A T T O R N E Y S A T LAW SACRAMENTO

WILKE, FLEURY, HOFFELT, GOULD & BIRNEY, LLP DANIEL L. BAXTER (SBN 203862) 400 Capitol Mall, Twenty-Second Floor Sacramento, CA 95814 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff/Counter-Defendant BRIAN DAWE, Plaintiff FLAT IRON MOUNTAIN ASSOCIATES, LLC, Defendant/Counter-Plaintiff GARY HARKINS, and Defendant RICHARD LOUD

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

BRIAN DAWE; FLAT IRON MOUNTAIN ASSOCIATES, LLC, formerly known as Flat Iron Mountain Associates, a Partnership, Plaintiffs, v. CORRECTIONS USA, a California Corporation; CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION, a California Corporation; JAMES BAIARDI, an individual; DONALD JOSEPH BAUMANN, an individual, Defendants. AND RELATED CLAIMS AND COUNTERCLAIMS

Case No. 2:07-CV-01790 LKK EFB [Consolidated Master Case Number] STIPULATION AND ORDER EXTENDING TIME FOR PLAINTIFFS' FILING OF BILL OF COSTS

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609597.1 STIPULATION AND ORDER RE PLAINTIFFS' FILING OF BILL OF COSTS (CASE NO. 07-01790 LKK EFB)

Dockets.Justia.com

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WILKE, FLEURY, HOFFELT, GOULD & BIRNEY, LLP
A T T O R N E Y S A T LAW SACRAMENTO

RECITALS Judgment in this case was entered on Friday, October 25, 2010 (CM/ECF Doc. No. 519). Pursuant to Local Rule 292(b), the deadline for Plaintiff/Cross-Defendant BRIAN DAWE, Plaintiff FLAT IRON MOUNTAIN ASSOCIATES, LLC, Defendant/Counter-Plaintiff GARY HARKINS, and Defendant RICHARD LOUD (collectively referred to herein as "Plaintiffs") to file their Bill of Costs is November 8, 2010. Since the entry of judgment, Defendants CORRECTIONS USA, CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION, JAMES BAIARDI, and DONALD JOSEPH BAUMANN (collectively referred to herein as "Defendants") have indicated their intent to file renewed motions for judgment as a matter of law, a motion for a new trial, and a motion to alter or amend the judgment (collectively referred to herein as the "Post-Trial Motions".) Those motions are to be filed no later than November 22, 2010. (CM/ECF Doc. No. 523, at 3:15-3:17.) Given the nature of Defendants' Post-Trial Motions, it is possible that Plaintiffs will need to order portions of the trial transcript in conjunction with their response(s) to Defendants' motions. Should such be necessary, Plaintiffs will be seeking to assign the costs of those transcripts to Defendants. Under the current deadlines, Plaintiffs would be required to submit an initial Bill of Costs by November 8, then submit a supplemental cost bill following the disposition of Defendants' post-trial motions. STIPULATION In light of the above, and for purposes of efficiency (i.e., ensuring that all cost matters are handled in one fell swoop), the parties HEREBY STIPULATE that Plaintiffs may file their Bill of Costs (including supporting documentation) up to fourteen (14) calendar days, inclusive, following the Court's final disposition of Defendants' Post-Trial Motions. The parties

FURTHER STIPULATE that Defendants shall have fourteen (14) calendar days, inclusive, following Plaintiffs' filing of their bill of costs to file objections thereto. /// /// ///
609597.1

-1STIPULATION AND ORDER RE PLAINTIFFS' FILING OF BILL OF COSTS (CASE NO. 07-01790 LKK EFB)

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WILKE, FLEURY, HOFFELT, GOULD & BIRNEY, LLP
A T T O R N E Y S A T LAW SACRAMENTO

IT IS SO STIPULATED.

DATED: November 4, 2010

WILKE, FLEURY, HOFFELT, GOULD & BIRNEY, LLP

By:

/s/ Daniel L. Baxter DANIEL L. BAXTER Attorneys for Plaintiff/Cross-Defendant BRIAN DAWE, Plaintiff FLAT IRON MOUNTAIN ASSOCIATES, LLC, Defendant/Counter-Plaintiff GARY HARKINS, and Defendant RICHARD LOUD

DATED: November 4, 2010

MANATT PHELPS & PHILLIPS LLP

By:

/s/ Adina L. Witzling ADINA L. WITZLING Attorneys for CORRECTIONS USA, CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION, JAMES BAIARDI, and DONALD JOSEPH BAUMANN

ORDER IT IS SO ORDERED. DATED: November 4, 2010.

609597.1

-2STIPULATION AND ORDER RE PLAINTIFFS' FILING OF BILL OF COSTS (CASE NO. 07-01790 LKK EFB)