D'Lil v. Riverboat Delta King, Inc. et al

Filing 44

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 5/20/2013 CONTINUING the deadline for Discovery and related motions to 8/5/2013; CONTINUING the deadline for Expert Disclosure to 8/15/2013; CONTINUING the deadline for Rebuttal Expert Witness Disclosure to 8/26/2013; CONTINUING the deadline for Expert Discovery and related motions to 9/16/2013; CONTINUING the deadline for all motions except for continuances and TROs to 11/6/2013; CONTINUING the deadline for Plaintiff's Pretrial Conference Statement to 1/13/2014; CONTINUING the deadline for Defendant's Pretrial Conference Statement to 1/21/2014; CONTINUING the Final Pretrial Conference to 2/3/2014 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; CONTINUING the Jury Trial to 3/25/2014 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Michel, G)

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TIMOTHY S. THIMESCH, ESQ. (No. 148213)
158 Hilltop Crescent
Walnut Creek, CA 94597
Direct: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorney for Plaintiff HOLLYNN D’LIL

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CHARLES L. POST, State Bar No. 160443
weintraub tobin chediak coleman grodin
LAW CORPORATION
400 Capitol Mall, 11th Floor
Sacramento, CA 95814
[phone] – Main
[phone] – Facsimile
Email: [e-mail]

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Attorneys for Defendant
RIVERBOAT DELTA KING, INC.
James Sanchez, City Attorney (SBN 116356)
KATHLEEN T. ROGAN, Senior Deputy City Attorney (SBN 186055)
CITY OF SACRAMENTO
Mailing: P.O. Box 1948, Sacramento, CA 95812-1948
Office: 915 I Street, 4th Floor, Sacramento, CA 95814
Telephone: [phone]
Telecopier: [phone]
Email: KRogan@cityofsaCJ·amento.org
Attorneys for Defendant CITY OF SACRAMENTO

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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HOLLYNN D’LIL,
Plaintiff,
v.
RIVERBOAT DELTA KING, INC.;
CITY OF SACRAMENTO; OLD
SACRAMENTO BUSINESS
ASSOCIATION, INC.,

CASE NO. 2:11-CV-02230-WBS-AC
Civil Rights
STATUS AND STIPULATION AND
[Proposed] ORDER TO EXTEND
EXPERT DISCLOSURE AND DISCOVERY
DATES

Defendants.

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TO THE COURT:
This submission is made following the May 15, 2013 Order by
the Hon. Allison Claire declining a joint request to extend
interim discovery and expert disclosure deadlines because of
“concern[] that these proposed dates are now encroaching too
{1636804.DOC;}
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Status and Stipulation and Order to Extend Expert Disclosure and Discovery Dates
Case No. 2:11-CV-02230-WBS-AC

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closely to the dates set forth in the ...pretrial scheduling
order...”

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Judge

directly to this court.

Claire

granted

leave

to

resubmit

(ECF No. 42 at p. 2.)

To avoid this encroachment while gaining time necessary to

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However,

conduct

remaining

essential

discovery,

the

Parties

re-submit

this final request for an extension of all trial and trial
related deadlines.

The Parties submit there is substantial good

cause for this further but final continuance of the scheduling
order in this matter.

While the Parties continue to cooperate

in seeking a resolution short of trial, they are in the process
of completing essential discovery in the case. That discovery
concerns the construction and permit history of the conversion
of on a historical riverboat to a hotel. The conversion occurred
in the early to mid 1980’s. One of the several significant
contested issues in the case is whether the conversion complied
with or deviated from the California Building Code, and whether
such

deviations,

if

any,

appropriate authorities.

were

properly

authorized

by

the

The search for records or testimony

concerning the conversion of the vessel to a floating hotel has
been

complicated

by

the

passage

of

time

and

the

fact

that

records that defendants believe exist have not yet been found.
These records and testimony will likely form the basis of the
alleged legal obligations at issue in the case.

Whether or not

Plaintiff ends up contesting the existence of these records,
their absence has necessitated

an

extensive

search for,

and

discovery of, persons involved in the project in the early to
mid 1980’s.

Many of these witnesses or potential witnesses long

ago retired from employment with the City and/or have moved out
{1636804.DOC;}
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Status and Stipulation and Order to Extend Expert Disclosure and Discovery Dates
Case No. 2:11-CV-02230-WBS-AC

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of state.

Their testimony is critical to presentation of the

issues. The existence or nonexistence of these records is also
likely to critical to expert testimony.
may

draw

evidence

will
of

likely

the

vary

vessel’s

The conclusions experts

depending

upon

construction

the

and

state

permit

of

the

history.

Recently, Plaintiff took the deposition of Solon “Doc” Wisham,
who served in the City Manager’s office in the 1980’s. That
deposition has made clear the need for further discovery of City
Building Department personnel.

The parties are now working to

arrange the deposition of Tim Sullivan, a retired City Building
department employee.
Mr.

Sullivan’s

The parties understand and believe that

testimony

will

be

important

understanding of the vessel’s history.
the

minimum

reasonable

discovery to occur.

extension

of

to

a

full

This stipulation seeks
time

for

this

critical

Therefore, the Parties respectfully request

a final 60-Day extension of trial and pre-trial related dates as
follows:
Deadlines and Dates
Completion of Discovery
and Motions Related
Thereto

Current
June 5, 2013

Proposed
August 5, 2013

Expert Disclosures With
Reports

June 15, 2013

August 15, 2013

Rebuttal Expert
Disclosures With
Reports (Modified
From FRCP Rule)

June 25, 2013

August 26, 2013

Completion of Discovery
From Experts and
Discovery Motions
Related Thereto

July 15, 2013

Sept. 16, 2013

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{1636804.DOC;}
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Status and Stipulation and Order to Extend Expert Disclosure and Discovery Dates
Case No. 2:11-CV-02230-WBS-AC

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File all motions except
continuances and
TROs

Sept. 6, 2013

Nov. 6, 2013

File Separate Pretrial
Conf. Statements

Plaintiff:
Nov. 12, 2013
Defendant:
Nov. 18, 2013

Plaintiff:
Jan. 13, 2014
Defendant:
Jan. 21, 2014

Final Pretrial Conference

Nov. 25, 2013,
2 PM

February 3, 2014
2:00 PM

Trial (5 days)

Jan. 22, 2014,
9 AM

March 25, 2014,
9:00 AM

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SO STIPULATED.
Dated: May 17, 2013

/s/ Signature Authorized
Attorneys for Plaintiff
HOLLYNN D’LIL

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THIMESCH LAW OFFICES
TIMOTHY S. THIMESCH

Dated: May 17, 2013

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CHARLES L. POST, ESQ.
weintraub genshlea chediak
tobin & tobin

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/s/ - Charles L. Post

Attorneys for Defendants
RIVERBOAT DELTA KING, INC.

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Dated: May 17, 2013

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James Sanchez, City Attorney
KATHLEEN T. ROGAN, Sr. Deputy

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/s/ Signature Authorized
Attorneys for Defendant
CITY OF SACRAMENTO

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ORDER

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IT IS SO ORDERED.
Dated:

May 20, 2013

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{1636804.DOC;}
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Status and Stipulation and Order to Extend Expert Disclosure and Discovery Dates
Case No. 2:11-CV-02230-WBS-AC