Myrtle Street Flats LLC, v. City of Vallejo et al

Filing 69

STIPULATION AND ORDER signed by District Judge John A. Mendez on 03/19/19 MODIFYING this Court's 45 Pre-Trial Scheduling Order as follows: Discovery reset to 3/29/19; Hearing on Motions for Summary Judgment reset to 12/10/19 at 01:30 PM; Final Pretrial Conference reset for 2/7/20 at 10:00 AM; and Trial reset for 3/30/20 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Becknal, R)

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JAMES WAGSTAFFE (95535)
[e-mail]
FRANK BUSCH (258288)
[e-mail]
WAGSTAFFE, VON LOEWENFELDT,
BUSCH & RADWICK LLP
100 Pine Street, Suite 725
San Francisco, CA 94111
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiff
MYRTLE STREET FLATS LLC, d/b/a Sunrise
Properties

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MYRTLE STREET FLATS LLC, d/b/a Sunrise
Properties,

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Case No. 2:17-cv-01662-JAM-KJN
ORDER GRANTING STIPULATION
TO CONTINUE CASE SCHEDULE

Plaintiff,
v.

Judge:

CITY OF VALLEJO, a public entity,
VINCENT SPROETE, an individual, JACK
McARTHUR, an individual, DANIEL E.
KEEN, an individual, LONELL BUTLER, an
individual, ROBERT CHAMBERS, an
individual, MICHELLE HIGHTOWER, an
individual, EMERGENCY CONSTRUCTION
SERVICES, INC., a California corporation, and
DOES 1-25
Defendants.

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ORDER

Hon. John A. Mendez

ORDER (AS MODIFIED BY THE COURT)

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Having read the stipulation submitted concurrently with this order, and Magistrate Judge

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Newman’s March 15, 2019 Discovery Order at ECF No. 66, the Court finds good cause to rule

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as follows:
This Court’s Pre-Trial Scheduling Order, ECF No. 45, is MODIFIED as follows:

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Date

Event

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March 29, 2019

Close of Fact Discovery1

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May 14, 2019

Vallejo’s deadline to submit additional expert report

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June 13, 2019

Plaintiff’s deadline to submit additional rebuttal report

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July 8, 2019

Close of Expert Discovery

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July 26, 2019

Deadline to meet-and-confer regarding summary judgment motion(s)

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August 23, 2019

Deadline to file Plaintiff’s motion for summary judgment2

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September 27, 2019 Deadline to file Defendants’ cross-motion and opposition

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October 25, 2019

Deadline to file Plaintiff’s cross-opposition and reply

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November 8, 2019

Deadline to file Defendants’ reply

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December 10,

Hearing on Summary Judgment motions

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2019 at 1:30 p.m.

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February 7, 2020

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at 10:00 a.m.

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March 30, 2020 at

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Final Pretrial Conference

Trial of Matter

9:00 a.m.

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Three fact depositions may occur after this date: (1) the deposition of Defendant
Emergency Construction Services, Inc., should Plaintiff desire to take that deposition; (2) the
deposition of Michele Hightower, should Vallejo elect to call her as a witness; and (3) the
deposition of Adam Young, should Vallejo elect to call him as a witness.

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In the event no cross-motions are filed, this deadline will not apply and the remaining
three deadlines shall govern the briefing schedule.
-iORDER

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//

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//
IT IS SO ORDERED.

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DATED: March 19,2019

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/s/ John A. Mendez______________
HON. JOHN A. MENDEZ

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- ii ORDER