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

Filing 87

STIPULATION and ORDER signed by Judge John A. Mendez on 8/16/2010 GRANTING 86 Stipulation and Proposed Order; Non-Expert Discovery Cut-Off: April 15, 2011; Expert Disclosures: June 15, 2011; Rebuttal Expert Disclosures: July 15, 2011; Completion of All Discovery: August 26, 2011; Deadline to File Dispositive Motions: November 11, 2011; Dispositive Motion Hearing Deadline: January 11, 2012 at 9:30 a.m.; Final Pretrial Conference set for 3/2/2012 at 02:00 PM and Jury Trial set for 4/9/2012 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Matson, R)

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1 R. MORGAN GILHULY (State Bar No. 133659; rmg@bcltlaw.com) JOSHUA A. BLOOM (State Bar No. 183358; jab@bcltlaw.com) 2 LAURA S. BERNARD (State Bar No. 197556; lsb@bcltlaw.com) CHRISTOPHER D. JENSEN (State Bar No. 235108; cdj@bcltlaw.com) 3 BARG COFFIN LEWIS & TRAPP, LLP 350 California Street, 22nd Floor 4 San Francisco, California 94104-1435 Telephone: (415) 228-5400 5 Fax: (415) 228-5450 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; ngranquist@downeybrand.com) 14 COURTNEY S. COVINGTON (State Bar No. 259723; ccovington@downeybrand.com) DOWNEY BRAND LLP 15 621 Capitol Mall, 18th Floor Sacramento, California 95814-4686 16 Telephone: (916) 444-1000 Fax: (916) 444-2100 17 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. STIPULATION AND [PROPOSED] ORDER MODIFYING AMENDED STATUS (Pre-trial Scheduling) ORDER U.S.D.C Case No. Civ. 2:09-cv-00466-JAM-KJN 759766.1 PAUL S. SIMMONS (State Bar No. 127920; psimmons@somachlaw.com) THERESA A. DUNHAM (State Bar No. 187644; tdunham@somachlaw.com) KANWARJIT S. DUA (State Bar No. 214591; kdua@somachlaw.com) SOMACH SIMMONS & DUNN 813 6th Street, 3rd Floor Sacramento, CA 95814 Telephone: (916) 446-7979 Fax: (916) 446-8199 Attorneys for Defendant City of Stockton Case No. 2:09-cv-00466-JAM-KJN STIPULATION AND ORDER MODIFYING THE SECOND AMENDED STATUS 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 an Order Modifying Amended Status (Pre-trial Scheduling) Order on March 5, 2010, amending and establishing discovery, motion, pre-trial and trial dates in this matter ("Second Amended Status Order"); WHEREAS, the Stipulation in support of the Second Amended Status Order indicated that the Parties had commenced discussions to explore an acceptable informal resolution to this matter, and that the amendment of the schedule as set forth in the Second Amended Status Order would allow the Parties adequate time to prepare their respective cases, and would provide an opportunity for substantive settlement discussions; WHEREAS, for the period from the Second Amended Status Order to the present, the Parties have engaged in substantive settlement discussions; WHEREAS, during those settlement discussions, the parties agreed to postpone discovery and other trial preparation in the case pending the outcome of those discussions and to stipulate to a postponement of pretrial discovery deadlines; WHEREAS, notwithstanding the continued good faith efforts of the Parties, a resolution to this matter has not yet been achieved; and WHEREAS, the parties desire to resume discovery and trial preparation on a schedule that will ensure that no party is prejudiced by the informal stay of discovery in effect during the pendency of settlement discussions. NOW THEREFORE IT IS HEREBY STIPULATED by and among the Parties that the dates set forth in the Second Amended Status 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: April 15, 2011 June 15, 2011 July 15, 2011 August 26, 2011 November 11, 2011 January 11, 2012 at 9:30 a.m. March 2, 2012 at 2:00 p.m. April 9, 2012 at 9:00 a.m. 2 759766.1 STIPULATION AND [PROPOSED] ORDER MODIFYING AMENDED STATUS (Pre-trial Scheduling) ORDER U.S.D.C Case No. Civ. 2:09-cv-00466-JAM-KJN 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 SO STIPULATED. DATED: August 16, 2010 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: August 16, 2010 SOMACH SIMMONS & DUNN /s/ Kanwarjit S. Dua KANWARJIT S. DUA Attorneys for Defendant City of Stockton DATED: August 16, 2010 DOWNEY BRAND LLP /s/ Nicole E. Granquist NICOLE E. GRANQUIST Attorneys for Defendant County of San Joaquin 3 STIPULATION AND [PROPOSED] ORDER MODIFYING AMENDED STATUS (Pre-trial Scheduling) ORDER U.S.D.C Case No. Civ. 2:09-cv-00466-JAM-KJN 759766.1 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: August 16, 2010 IT IS SO ORDERED. ORDER Having considered the Parties' stipulated request to modify the Second Amended Status Order filed in this matter on March 5, 2010, and GOOD CAUSE appearing therefore, the Court hereby orders the following: 1. 2. The Parties' request to modify the Second Amended Status Order is GRANTED; The deadlines in the Second Amended Status 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: April 15, 2011 June 15, 2011 July 15, 2011 August 26, 2011 November 11, 2011 January 11, 2012 at 9:30 a.m. March 2, 2012 at 2:00 p.m. April 9, 2012 at 9:00 a.m. /s/ John A. Mendez____________ Hon. John A. Mendez United States District Court Judge 4 STIPULATION AND [PROPOSED] ORDER MODIFYING AMENDED STATUS (Pre-trial Scheduling) ORDER U.S.D.C Case No. Civ. 2:09-cv-00466-JAM-KJN 759766.1 PDF created with pdfFactory trial version www.pdffactory.com

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