Hansen v. Citibank (South Dakota), N.A.

Filing 12

STIPULATION and ORDER TO CONTINUE TRIAL DATES AND TRIAL RELATED DATES signed by Judge John A. Mendez on 6/8/2010 ORDERING parties to file joint mid-lit statement by 7/26/2010; discovery cutoff is 8/16/2010; dispositive motions to be filed by 9/22/2010; final pretrial conference set for 12/17/2010 at 03:00 PM; trial set for 2/7/2011 at 09:00 AM. (Engbretson, K.)

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MAJORS & FOX LLP Frank J. Fox SBN139147(Ca.) Lawrence J. Salisbury SBN179748(Ca.) Andrew M. Greene SBN167386(Ca.) Jonathan L. Gerber SBN251219(Ca.) 401 West "A" Street, Suite 2350 San Diego, California 92101-7921 Telephone: [phone] Facsimile: [phone] Emails: [e-mail]; [e-mail]; [e-mail]; [e-mail] [Other Counsel on Signature Page] Counsel for Plaintiff/Cross-Defendant Rosalee Hansen STROOCK & STROOCK & LAVAN LLP JULIA B. STRICKLAND (State Bar No. 083013) MARCOS D. SASSO (State Bar No. 228905) ERIC Y. HWANG (State Bar No. 258966) 2029 Century Park East, Suite 1600 Los Angeles, CA 90067-3086 Telephone: [phone] Facsimile: 310-556-5959 E-Mail: [e-mail] Attorneys for Defendant/Cross-Complainant CITIBANK (SOUTH DAKOTA), N.A. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ROSALEE HANSEN, an individual, Plaintiff, v. Case No. 2:09-CV-02107-JAM-EFB STIPULATION TO CONTINUE TRIAL DATES AND TRIAL RELATED DATES; ORDER 02/02/2009

CITIBANK (SOUTH DAKOTA), N.A., and DOES 1 through 100, inclusive, Date Filed:

And Related Cross-Claim Case No. CV 10-3076-JFW (RZx)

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This Stipulation is entered into with respect to the following facts and circumstances: 1. This action was filed on February 2, 2009, but then was removed to U.S. District

Court on or about July 30, 2009; 2. After the parties filed the Joint Status Report on or about September 28, 2009, the

Court issued its Status (Pre-Trial Scheduling) Order, by which the Court set the trial date of this action for December 6, 2010; 3. The Court's September 30, 2009, Status (Pre-trial Scheduling) Order also set the

following dates: 1) 2) 3) 4) 5) 4. File Joint Mid-Lit Statement Discovery Cutoff File Dispositive Motions Dispositive Motion Hearing Final Pre-Trial Conference June 15, 2010 June 30, 2010 August 4, 2010 September 1, 2010; at 9:00 a.m. October 22, 2010

The parties have and continue to work cooperatively to complete discovery in order

to permit the filing of dispositive motions. Unfortunately, in light of the many witnesses that do not reside in California, the difficulties of scheduling the depositions that need to be completed and the summer vacation plans of both the witnesses and counsel, it will be very difficult to complete the necessary discovery and file dispositive motions under the current schedule. 5. Accordingly, the Parties jointly seek to continue all calendared dates for

approximately 45 days from the currently scheduled dates or as soon thereafter as the Court's schedule allows. 6. The Court has advised that the schedule may be amended as follows: 1) 2) File Joint Mid-Lit Statement, July 26, 2010 Discovery Cutoff, August 16, 2010
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3) 4) 5) 6)

File Dispositive Motions, September 22, 2010; Dispositive Motion Hearing, October 20, 2010 at 9:30 a.m.; Final Pre-Trial Conference, December 17, 2010 at 3 p.m.; and Trial, February 7, 2011 at 9:00 a.m.

The parties have not previously sought a continuance of the dates in this action.

Based on the foregoing facts and circumstances, and good cause appearing therefore, IT IS HEREBY STIPULATED as follows: (1) The trial date and all other pretrial dates shall be continued approximately 45 days

from the currently scheduled dates and the new schedule shall be as follows: 1) 2) 3) 4) 5) 6) Dated: June 8, 2010 File Joint Mid-Lit Statement, July 26, 2010 Discovery Cutoff, August 16, 2010 File Dispositive Motions, September 22, 2010; Dispositive Motion Hearing, October 20, 2010 at 9:30 a.m.; Final Pre-Trial Conference, December 17, 2010 at 3 p.m.; and Trial, February 7, 2011 at 9:00 a.m. MAJORS & FOX LLP By: /s/ Frank Fox AULT & ROBINSON, A.P.C. LINDA S. ROBINSON DAVID W. AULT COUNTY OF EL DORADO A.L. HAMILTON Attorneys for Plaintiff/Cross-Defendant ROSALEE HANSEN

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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 DATE: June 10, 2010 /s/ John A. Mendez________________ JOHN A. MENDEZ UNITED STATES DISTRICT JUDGE Dated: June 8, 2010 STROOCK & STROOCK & LAVAN LLP By: /s/ Marcos D. Sasso Attorneys for Defendant/Cross-Complainant CITIBANK (SOUTH DAKOTA), N.A. ORDER Good cause appearing in the parties' Stipulation, IT IS ORDERED as follows: (1) The trial date and all other pretrial dates shall be continued approximately 45 days

from the currently scheduled dates such that the new schedule shall be as follows: 1) 2) 3) 4) 5) 6) File Joint Mid-Lit Statement, July 26, 2010 Discovery Cutoff, August 16, 2010 File Dispositive Motions, September 22, 2010; Dispositive Motion Hearing, October 20, 2010 at 9:30 a.m.; Final Pre-Trial Conference, December 17, 2010 at 3 p.m.; and Trial, February 7, 2011 at 9:00 a.m.

IT IS SO ORDERED.

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