Dawe v. Corrections USA et al

Filing 572

STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 3/25/2011 ORDERING 571 Pltfs shall have until the COB on 4/15/2011, to make the election directed at pg 11, lines 18-22 of the Court's 570 Order; dfts shall have 5 court day s, following the Court's issuance of the amended judgment to file their response to pltfs' Application for Determination of Prevailing Party Status; pltfs will have 14 calendar days, following the Court's issuance of the new or amended judgment; to file their Bill of Costs; dfts objections due 14 days, following pltfs' submission of their Bill of Costs; and the stay of enforcement of judgment ordered by the Court 530 shall be EXTENDED until 30 days, following the Court's issuance of the new or amended judgment.(Reader, L)

Dawe v. Corrections USA, et al

Doc. 572

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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,

Case No. 2:07-CV-01790 LKK EFB [Consolidated Master Case Number] STIPULATION AND ORDER EXTENDING TIME FOR PLAINTIFFS' RESPONSE TO COURT'S MARCH 18, 2011 ORDER, AND MODIFYING ADDITIONAL DEADLINES

14 v. 15 16 17 18 19 Defendants. 20 21 22 23 24 25 26 27 28
W ILKE , F LEU RY , H OFFELT , G OULD & B IRNEY , LLP
ATTORNEYS AT LAW SACRAMENTO

CORRECTIONS USA, a California Corporation; CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION, a California Corporation; JAMES BAIARDI, an individual; DONALD JOSEPH BAUMANN, an individual,

AND RELATED CLAIMS AND COUNTERCLAIMS

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653219.1 STIPULATION AND ORDER EXTENDING TIME, ETC. (CASE NO. 07-01790 LKK EFB)

Dockets.Justia.com

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W ILKE , F LEU RY , H OFFELT , G OULD & B IRNEY , LLP
ATTORNEYS AT LAW SACRAMENTO

RECITALS On March 18, 2011, the Court issued an Order on Defendants' motion for judgment as a matter of law and motion for new trial. In that Order, the Court directed Plaintiffs "to inform the court within twenty-one (21) days of the issuance of this order as to whether they will (a) stipulate to the remitted punitive damage awards describe herein; (b) seek a new trial; or (c) intend to appeal this order." (CM/ECF Doc. No. 570, at 11:18-11:22.) Thus, the deadline for Plaintiffs' election falls on April 8, 2011. Pursuant to the parties' prior stipulations and the Court's prior orders, certain deadlines will come due shortly after Plaintiffs' election is made, including deadlines relating to (a) Defendants' response to Plaintiffs' Application for Determination of Prevailing Party Status, (b) Plaintiffs' Bill of Costs and Defendants' objections thereto, and (c) Plaintiffs' enforcement of judgment. Plaintiffs' counsel has a pre-planned out-of-state vacation that will keep him out of the office from March 30 through April 13, 2011. Because the matters referenced above require counsel's personal attention, and because the parties collectively wish to have readily identifiable deadlines tracking off of Plaintiffs' forthcoming election and the Court's amended judgment following that election, the parties respectfully request that the Court issue an order adopting the timelines set forth below. STIPULATION In light of the above, the parties HEREBY STIPULATE as follows: 1. Plaintiffs shall have until the close of business on April 15, 2011, inclusive, to

make the election directed at p. 11, lines 18-22 of the Court's March 18 Order (CM/ECF Doc. No. 570); 2. It is anticipated that upon being notified of the election specified in Paragraph 1,

above, the Court will issue a new or amended judgment. Thus, Defendants shall have five (5) court days, inclusive, following the Court's issuance of that amended judgment to file their response to Plaintiffs' Application for Determination of Prevailing Party Status (CM/ECF Doc. No. 520);
653219.1

-1STIPULATION AND ORDER EXTENDING TIME, ETC. (CASE NO. 07-01790 LKK EFB)

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W ILKE , F LEU RY , H OFFELT , G OULD & B IRNEY , LLP
ATTORNEYS AT LAW SACRAMENTO

3.

Plaintiffs will have fourteen (14) calendar days, inclusive, following the Court's

issuance of the new or amended judgment referenced in Paragraph 2, above, to file their Bill of Costs (including supporting documentation); 4. Defendants will have fourteen (14) calendar days, inclusive, following Plaintiffs'

submission of their Bill of Costs to file objections thereto; and 5. The stay of enforcement of judgment ordered by the Court on November 10, 2010

(CM/ECF Doc. No. 530) shall be extended until thirty (30) calendar days, inclusive, following the Court's issuance of the new or amended judgment referenced in Paragraph 2, above. IT IS SO STIPULATED.

DATED: March 24, 2011

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: March 24, 2011

MANATT PHELPS & PHILLIPS LLP

By:

/s/ Dean J. Zipser DEAN J. ZIPSER Attorneys for CORRECTIONS USA, CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION, JAMES BAIARDI, and DONALD JOSEPH BAUMANN

ORDER IT IS SO ORDERED. DATED: March 25, 2011.
653219.1

-2STIPULATION AND ORDER EXTENDING TIME, ETC. (CASE NO. 07-01790 LKK EFB)