Lima v. Opperud, et al

Filing 36

STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr. on 05/04/10 ORDERING that a Settlement Conference is SET for 06/28/10 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman; w/i 7 days, the parties shall file waivers of disqualification; parties are to exchange non-confidential settlement conference statements 7 days prior to the settlement conference. The Pretrial Scheduling Order is MODIFIED as follows: Discovery deadline is 06/30/10; Expert disclosure due by 06/15/10; supplemental disclosures due by 06/30/10; Expert Discovery deadline is 08/15/10; Dispositive Motions deadline is 10/22/10; Final Pretrial Conference set for 01/07/11 at 02:30 PM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.; Jury Trial set for 03/15/11 at 09:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. (Benson, A.)

TIMOTHY S. THIMESCH, Esq. (No. 148213) MICHELLE L. THIMESCH, Esq. (No. 140591) 171 Front Street, Suite 102 Danville, CA 94526-3321 Direct: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiff Neva Lema and Third-Party Defendant Clyde Lema McNAMARA, DODGE, NEY, BEATTY, SLATTERY, PFALZER, BORGES & BROTHERS LLP GUY D. BORGES, ESQ. (No. 111230) WILLIAM L. McCASLIN, ESQ. (No. 249976) 639 Kentucky Street, First Floor Fairfield, CA 94533 Tel: [phone] Fax: [phone] Attorneys for Defendants and Third-Party Plaintiffs CARL D. and DOROTHY OPPERUD UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA NEVA LEMA, Plaintiff, v. CARL D. and DOROTHY OPPERUD, and DOES 1 through 15, Inclusive, Defendants. CASE NO. 2:08-CV-00271-FCD-KJN Civil Rights ORDER FOR REFERRAL TO MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE; AND TO ENLARGE SCHEDULING ORDER DATES

TO THE COURT: The last status report advised of the untimely death of

defendant CARL D. OPPERUD, and the complications on this case imposed by his probate and a possible reorganization. time, the parties while have significantly into account advanced these the Since that case toward To

resolution

taking

complications.

assist final resolution, the parties seek referral to a further

settlement conference before the assigned magistrate judge, the Honorable Kendall J. Newman (waivers have previously been filed). The parties need significant assistance. using real property as consideration. Resolution may involve

Moreover, certain ethical

conflicts between counsel and parties would be inherent in this type of transaction. Full advisement and disclosure on the record

will assist this process. To preserve the scarce resources now available to the case and advance these settlement efforts, the parties request a

further extension of deadlines as follows: Discovery Deadline: Expert Disclosure Due: Supplemental Disclosures: Expert Discovery Deadline: June 30, 2010 June 15, 2010 June 30, 2010 August 15, 2010

SO STIPULATED.

Dated: May 3, 2010

TIMOTHY S. THIMESCH By: /s/ SIGNATURE AUTHORIZED Attorneys for Plaintiff NEVA LEMA and Cross-Defendant CLYDE LEMA

Dated: May 3, 2010

MCNAMARA, DODGE, NEY, BEATTY, SLATTERY, PFALZER, BORGES & BROTHERS LLP By: /s/ SIGNATURE AUTHORIZED GUY D. BORGES WILLIAM L. MCCASLIN Attorneys for Defendants CARL D. OPPERUD and DOROTHY J. OPPERUD

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ORDER

A Settlement Conference is hereby set for June 28, 2010 at 9:00 AM in Courtroom #25 before Magistrate Judge Kendall J. Newman. Within seven (7) days from this order, the parties shall file waivers of disqualification, pursuant to Local Rule 270(b). Furthermore, the parties are directed to exchange non-confidential settlement conference statements seven (7) days prior to the settlement conference. These statements shall simultaneously be delivered to the Court. If a party desires to share additional confidential information with the settlement judge, the filing party may do so pursuant to the provisions of Local Rule 270(b) and (e). The Court also modifies the Pretrial Scheduling Order as follows: Discovery Deadline: Expert Disclosure Due: Supplemental Disclosures: Expert Discovery Deadline: Dispositive Motion Deadline: Final Pretrial Conference: Jury Trial: June 30, 2010 June 15, 2010 June 30, 2010 August 15, 2010 October 22, 2010 January 7, 2011 at 2:30 PM March 15, 2011 at 9:00 AM

Dated: May 4, 2010

_______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE