Coalition for a Sustainable Delta et al v. City of Stockton et al

Filing 74

AMENDED STIPULATION and ORDER signed by Judge John A. Mendez on 11/2/09 modifying 56 Amended Status (Pretrial Scheduling) Order: Designation of Expert Witnesses due by 9/2/2010. Discovery due by 10/4/2010. Dispositive Motions due by 1/26/2011. Final Pretrial Conference set for 4/15/2011 at 02:00 PM in Courtroom 6 (JAM) before Judge John A. Mendez. Jury Trial set for 5/23/2011 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Owen, K)

1 R. MORGAN GILHULY (State Bar No. 133659; [e-mail]) JOSHUA A. BLOOM (State Bar No. 183358; [e-mail]) 2 LAURA S. BERNARD (State Bar No. 197556; [e-mail]) CHRISTOPHER D. JENSEN (State Bar No. 235108; [e-mail]) 3 BARG COFFIN LEWIS & TRAPP, LLP 350 California Street, 22nd Floor 4 San Francisco, California 94104-1435 Telephone: [phone] Fax: [phone] Attorneys for Plaintiffs Coalition for a Sustainable Delta, 6 Belridge Water Storage District, Berrenda Mesa Water District, Cawelo Water District, North of the River Municipal Water District, 7 Wheeler Ridge-Maricopa Water Storage District, and Dee Dillon 8 9 10 11 12 13 NICOLE E. GRANQUIST (State Bar No. 199017; [e-mail]) 14 COURTNEY S. COVINGTON (State Bar No. 259723; [e-mail]) DOWNEY BRAND LLP 15 621 Capitol Mall, 18th Floor Sacramento, California 95814-4686 16 Telephone: [phone] Fax: [phone] Attorneys for Defendant County of San Joaquin 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION COALITION FOR A SUSTAINABLE DELTA, a California nonprofit corporation, et al., Plaintiffs, v. CITY OF STOCKTON, a municipal corporation, and COUNTY OF SAN JOAQUIN, a political subdivision of the State of California, Defendants.
AMENDED STIPULATION AND [PROPOSED] ORDER MODIFYING AMENDED STATUS (Pre-trial Scheduling) ORDER U.S.D.C Case No. Civ. 2:09-cv-00466-JAM-DAD 665445.1

PAUL S. SIMMONS (State Bar No. 127920; [e-mail]) THERESA A. DUNHAM (State Bar No. 187644; [e-mail]) KANWARJIT S. DUA (State Bar No. 214591; [e-mail]) SOMACH SIMMONS & DUNN 813 6th Street, 3rd Floor Sacramento, CA 95814 Telephone: [phone] Fax: [phone] Attorneys for Defendant City of Stockton

Case No. 2:09-cv-00466-JAM-DAD AMENDED STIPULATION AND ORDER MODIFYING AMENDED STATUS (Pre-trial Scheduling) ORDER

PDF created with pdfFactory trial version www.pdffactory.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

WHEREAS, the Court issued its Amended Status (Pre-trial Scheduling) Order on August 7, 2009, which established the discovery, motion, pre-trial and trial dates in this matter; WHEREAS, Plaintiffs propounded requests for production of documents to the City of Stockton ("City") and County of San Joaquin ("County") pursuant to Fed. R. Civ. Proc. 34 on August 17, 2009 and September 3, 2009 (the "Discovery Requests"); WHEREAS, the City and County informed Plaintiffs that, due to limited municipal resources and the volume of responsive documents, neither defendant would be able to respond to the Discovery Requests within the 30-day time period, and thereby requested two extensions to respond to the Discovery Requests, which were granted by Plaintiffs; WHEREAS, the deadline for the City and County to respond to the Discovery Requests is now December 11, 2009; WHEREAS, Plaintiffs believe that without an extension of the Court's Amended Status (Pre-trial Scheduling) Order, Plaintiffs will be prejudiced by the timing of the City and County's responses to the Discovery Requests; WHEREAS, the parties have agreed that an amendment of the schedule in this case will allow the City and County adequate time to respond to the Discovery Requests without prejudicing Plaintiffs' ability to prepare their case; NOW THEREFORE IT IS HEREBY STIPULATED by and between Plaintiffs, the City, and the County that the dates set forth in the Amended Status (Pre-trial Scheduling) Order shall be modified as follows: Non-Expert Discovery Cut-Off: Expert Disclosures: Rebuttal Expert Disclosures: Completion of All Discovery: Deadline to File Dispositive Motions: Dispositive Motion Hearing Deadline: Final Pre-Trial Conference: Trial: June 1, 2010 August 2, 2010 September 2, 2010 October 4, 2010 January 26, 2011 February 23, 2011 at 9:00 a.m. April 15, 2011 at 2:00 p.m. May 23, 2011 at 9:00 a.m. 2
665445

AMENDED STIPULATION AND [PROPOSED] ORDER MODIFYING AMENDED STATUS (Pre-trial Scheduling) ORDER U.S.D.C Case No. Civ. 2:09-cv-00466-JAM-DAD

PDF created with pdfFactory trial version www.pdffactory.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
AMENDED STIPULATION AND [PROPOSED] ORDER MODIFYING AMENDED STATUS (Pre-trial Scheduling) ORDER U.S.D.C Case No. Civ. 2:09-cv-00466-JAM-DAD 665445

SO STIPULATED. DATED: October 30, 2009 BARG COFFIN LEWIS & TRAPP, LLP

/s/ Joshua A. Bloom_________________________ JOSHUA A. BLOOM Attorneys For Plaintiffs Coalition for a Sustainable Delta, Belridge Water Storage District, Berrenda Mesa Water District, Cawelo Water District, North of the River Municipal Water District, Wheeler Ridge-Maricopa Water Storage District, and Dee Dillon

DATED: October 30, 2009

SOMACH SIMMONS & DUNN

/s/ Kanwarjit S. Dua (as authorized on 10/30/09) KANWARJIT S. DUA Attorneys For Defendant City of Stockton

DATED: October 30, 2009

DOWNEY BRAND LLP

/s/ Nicole E. Granquist (as authorized on 10/31/09) NICOLE E. GRANQUIST Attorneys For Defendant County of San Joaquin

3

PDF created with pdfFactory trial version www.pdffactory.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: November 2, 2009 2.

ORDER Having considered the parties' stipulated request to modify the August 7, 2009 Amended Status (Pre-trial Scheduling) Order, and GOOD CAUSE appearing therefore, the Court hereby orders the following: 1. The parties' request to modify the August 7, 2009 Amended Status (Pre-trial Scheduling) Order is GRANTED; The deadlines in the Amended Status (Pre-trial Scheduling) Order are modified as follows: Non-Expert Discovery Cut-Off: Expert Disclosures: Rebuttal Expert Disclosures: Completion of All Discovery: Deadline to File Dispositive Motions: Dispositive Motion Hearing Deadline: Final Pre-Trial Conference: Trial: IT IS SO ORDERED. June 1, 2010 August 2, 2010 September 2, 2010 October 4, 2010 January 26, 2011 February 23, 2011 at 9:00 a.m. April 15, 2011 at 2:00 p.m. May 23, 2011 at 9:00 a.m.

/s/ John A. Mendez_____________ Hon. John A. Mendez United States District Court Judge

4
AMENDED STIPULATION AND [PROPOSED] ORDER MODIFYING AMENDED STATUS (Pre-trial Scheduling) ORDER U.S.D.C Case No. Civ. 2:09-cv-00466-JAM-DAD 665445

PDF created with pdfFactory trial version www.pdffactory.com