California River Watch v. City of Vacaville

Filing 39

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 12/11/2018 ORDERING the following deadlines EXTENDED: Last day to file Dispositive Motions is EXTENDED to 1/11/2019; Deadline to file oppositions to dispositive motions is EXTENDED to 2/1/2019; Deadline to file replies to oppositions is EXTENDED to 2/15/2019; All dispositive motions hearing date is EXTENDED to 3/8/2019. ORDERING the page limits are increased as follows: Memoranda of Points and Authorities ISO of Motion to 30 pages; Memoranda of Points and Authorities ISO of Opposition to 30 pages; Replies to 15 pages. (Washington, S)

1 Gregory J. Newmark (SBN: 190488)
[e-mail]
2 Shiraz D. Tangri (SBN: 203037)
[e-mail]
3 Vidya Venugopal (SBN: 310172)
[e-mail]
4 MEYERS, NAVE, RIBACK, SILVER & WILSON
707 Wilshire Blvd., 24th Floor
5 Los Angeles, California 90017
Telephone: [phone]
6 Facsimile: [phone]
7 Attorneys for Defendant
CITY OF VACAVILLE
8
9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

11
12 CALIFORNIA RIVER WATCH,

Case No. 2:17-cv-00524-KJM-KJN

13

STIPULATION AND ORDER TO
CONTINUE DISPOSITIVE MOTION
DEADLINES AND INCREASE PAGE
LIMIT

14

Plaintiff,
v.

15 CITY OF VACAVILLE,
Trial Date:
16

None Set

Defendant.

17
18

IT IS HEREBY STIPULATED BY AND BETWEEN ALL PARTIES AS

19 FOLLOWS:
20

Plaintiff California River Watch (“Plaintiff”) and Defendant City of Vacaville

21 (“Defendant” or “Vacaville”) (collectively, the “Parties”) by and through their respective attorneys
22 of record, hereby respectfully apply to this Court for an Order, (1) continuing pre-trial deadlines
23 set forth in this Court’s First Amendment to the Scheduling Order (Dkt. No. 26), including the
24 dispositive motion deadlines, and, (2) providing for an increase in the page limits set for motions
25 and replies.
26

RECITALS

27

WHEREAS, Plaintiff filed this action on March 13, 2017 (Dkt. No. 1);

28

WHEREAS, the Joint Rule 26(f) Report was filed on June 9, 2017 (Dkt. No. 12);
STIPULATION AND [PROPOSED] ORDER TO CONTINUE DISPOSITIVE MOTION DEADLINES

1

WHEREAS, Defendant filed its answer on October 2, 2017 (Dkt. No. 22);

2

WHEREAS, The Hon. Kimberly J. Mueller set trial for June 17, 2019 and set a schedule of

3 pretrial dates by entering a Status (Pretrial Scheduling) Order on July 12, 2017 (Dkt. No. 16);
4

WHEREAS, the Parties made their initial disclosures on October 16, 2017 (Defendant) and

5 October 17, 2017 (Plaintiff);
6

WHEREAS, the Parties jointly requested an amendment to the pre-trial deadlines set forth

7 in the Status (Pretrial Scheduling) Order (Dkt. No. 16), which the Court adopted by entering the
8 First Amendment to the Scheduling Order Dkt. No. 26, which extended the discovery cutoff,
9 expert disclosure deadline, expert rebuttal deadline, expert discovery cutoff, dispositive motion
10 hearing deadline, and vacated the June 17, 2019, trial date and pre-trial dates such as the pre-trial
11 conference;
12

WHEREAS, the Parties have now completed discovery including expert depositions and

13 have worked cooperatively to ensure an efficient preparation of the case for adjudication;
14

WHEREAS, the Parties are in agreement that the case involves numerous legal, technical

15 and factual issues which will require careful and thorough briefing for dispositive motions that are
16 to be filed;
17

WHEREAS, expert depositions have recently been completed and Parties are still awaiting

18 corrections, if any, by the deponents;
19

WHEREAS, finalization of the deposition transcripts will aid drafting the briefs of the

20 dispositive motions;
21

WHEREAS, the dispositive motion hearing deadline previously proposed by the Parties

22 was intended to avoid conflicts with the June 2019 trial date and especially the March 2019 date
23 for the pre-trial conference, both of which have now been vacated by this Court;
24

WHEREAS, under the current schedule, the Parties will be required to prepare their

25 oppositions to cross-motions for summary judgment between December 14 and December 28,
26 2018, during which time lead counsel for the City will be out of the country to visit family and
27 also during which time counsel for the City’s law office will have diminished staffing for the
28 Christmas holiday and will be closed on December 25;
2
STIPULATION AND ORDER TO CONTINUE DISPOSITIVE MOTION DEADLINES

1

WHEREAS, under the current schedule, the Parties will be required to prepare their reply

2 briefs on cross-motions for summary judgment between December 28, 2018, and January 4, 2019,
3 and lead counsel for the City will be returning to his law office from abroad only on January 3,
4 2019, and counsel for the City’s law office will be closed on January 1, 2019, in observance of
5 New Year’s Day;
6

WHEREAS, counsel for Plaintiff has diminished staffing and his own travel plans during

7 the months of January and February;
8

WHEREAS, in light of the vacated trial date, the Parties mutually believe it would be

9 beneficial and efficient to modify the current schedule to allow additional time to prepare briefing
10 on the dispositive motions and to avoid conflicts with winter holidays and scheduled travel plans;
11

WHEREAS, the Parties believe it would be appropriate to set a briefing schedule that

12 allows additional time to prepare opposition and reply papers and additional time after submission
13 of reply papers for the Court to consider the Parties’ briefing prior to hearing on the motions;
14

WHEREAS, the briefing schedule proposed by the Parties is intended to provide time for

15 both Parties to adequately prepare for the dispositive motions;
16

WHEREAS, the Parties believe, in good faith, that the requested schedule modifications

17 will allow this case to proceed efficiently and with a lesser burden on the Parties and the Court,
18 while still expeditiously preparing the matter for trial;
19

WHEREAS, the expert testimony provided in the case has revealed a number of technical

20 issues that would require explanations to prove/disprove in the dispositive motions;
21

WHEREAS, the Parties would benefit from an increase in the page limits for the

22 dispositive filings in order to address all the technical issues raised by the experts in their
23 depositions;
24

WHEREAS, the Parties respectfully submit that these facts constitute good cause for the

25 requested extension.
26
27

STIPULATION
NOW THEREFORE, IT IS HEREBY STIPULATED, between the Parties, subject to this

28 Court’s approval, the following:
3
STIPULATION AND ORDER TO CONTINUE DISPOSITIVE MOTION DEADLINES

1

(1)

The Parties request that the following dates be modified and/or established set forth

2 in the chart below:
3

EVENT

CURRENT DATE

PROPOSED DATE

4

Last day to file dispositive motions

12/14/18

01/11/19

5

Deadline to file oppositions to
dispositive motions

12/28/18

02/01/19

1/4/19

02/15/19

6
7

Deadline to file replies to
oppositions

8

All dispositive motions hearing date

01/11/19

9

03/08/2019
or any available date
thereafter based on the
Court calendar

10
11
12
13

and,
(2)

The Parties request that the page limit be increased as follows:

14
15
16
17
18

DOCUMENT

CURRENT LIMIT

PROPOSED LIMIT

Memoranda of Points and
Authorities ISO of Motion

20

30

Memoranda of Points and
Authorities ISO of Opposition

20

30

Replies

10

15

19
20

IT IS SO STIPULATED.

21 DATED: December 6, 2018
22
23
24 DATED: December 6, 2018
25
26
27

MEYERS, NAVE, RIBACK, SILVER & WILSON
By:
/s/ Shiraz D. Tangri
Shiraz D. Tangri
Attorneys for Defendant CITY OF VACAVILLE
LAW OFFICE OF DAVID J. WEINSOFF
LAW OFFICE OF JACK SILVER
By:

/s/ Jack Silver
David J. Weinsoff
Jack Silver
Attorneys for Plaintiff CALIFORNIA RIVER WATCH

28 3083613.3
4
STIPULATION AND ORDER TO CONTINUE DISPOSITIVE MOTION DEADLINES

1
2

ORDER
This Court, having received and reviewed the Stipulation of the Parties referenced

3 immediately above, and finding good cause therefore,
4

IT IS HEREBY ORDERED THAT,

5

(1)

The extensions requested in the below chart be granted:

6

EVENT

CURRENT DATE

PROPOSED DATE

7

Last day to file dispositive motions

12/14/18

01/11/19

8

Deadline to file oppositions to
dispositive motions

12/28/18

02/01/19

1/4/19

02/15/19

9
10
11

Deadline to file replies to
oppositions
All dispositive motions hearing date

01/11/19

03/08/2019

12
13
14

and,
(2)

The page limits are increased as follows:

15
16
17
18

DOCUMENT

CURRENT LIMIT

PROPOSED LIMIT

Memoranda of Points and
Authorities ISO of Motion

20

30

Memoranda of Points and
Authorities ISO of Opposition

20

30

Replies

10

15

19
20
21
22

IT IS SO ORDERED

23
24 DATED: December 11, 2018.
25
26

UNITED STATES DISTRICT JUDGE

27
28

STIPULATION AND ORDER TO CONTINUE DISPOSITIVE MOTION DEADLINES