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

Filing 88

STIPULATION and ORDER signed by District Judge John A. Mendez on 2/6/2020 CONTINUING the Pretrial Conference to 4/17/2020 at 10:00 AM and the Trial to 6/8/2020 at 09:00 AM, BOTH in Courtroom 6 (JAM) before District Judge John A. Mendez. (Kastilahn, A)

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1 2 3 4 5 6 7 8 JAMES WAGSTAFFE (95535) wagstaffe@wvbrlaw.com FRANK BUSCH (258288) busch@wvbrlaw.com WAGSTAFFE, VON LOEWENFELDT, BUSCH & RADWICK LLP 100 Pine Street, Suite 725 San Francisco, CA 94111 Telephone: (415) 357-8900 Fax: (415) 357-8910 Attorneys for Plaintiff MYRTLE STREET FLATS LLC, d/b/a Sunrise Properties 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 13 MYRTLE STREET FLATS LLC, d/b/a Sunrise Properties, 14 Plaintiff, 15 16 17 18 19 20 21 22 v. Case No. 2:17-cv-01662-JAM-KJN STIPULATION TO CONTINUE PRETRIAL CONFERENCE AND TRIAL Judge: Hon. John A. Mendez 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. 23 24 25 26 27 28 STIPULATION TO CONTINUE PRE-TRIAL CONFERENCE AND TRIAL 1 STIPULATION 2 This Stipulation is made and entered into by and between Plaintiff MYRTLE STREET 3 FLATS LLC, d/b/a Sunrise Properties. (“Plaintiff”) and Defendant City of Vallejo 4 (“Defendant”), collectively (“the Parties”), in order to continue the pre-trial conference presently 5 set for February 21, 2020, and the trial presently set for March 30, 2020. The Parties through 6 their respective counsel of record, agree and stipulate, as follows: 7 8 WHEREAS, the Court has issued its order finally resolving the parties’ cross-motions for summary judgment, which do not fully resolve the case; 9 10 WHEREAS, in view of the Court’s ruling, the Parties participated in private mediation on January 29, 2020; 11 12 WHEREAS, the mediation did not result in a settlement, but the parties have continued to negotiate and work towards an alternative resolution of their dispute; 13 WHEREAS, the Parties prefer to focus on those negotiations prior to finalizing and filing 14 the joint pre-trial conference statement requested by the Court, which is presently due on 15 February 14, 2020; and 16 WHEREAS, after meeting and conferring, counsel for the Parties have determined that 17 all parties are available to attend a pre-trial conference on April 17, 2020, and would be available 18 for trial on June 8, 2020; 19 20 NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the 21 undersigned counsel, that the pre-trial conference in this matter be continued from February 21, 22 2020 to April 17, 2020 at 10:00 a.m., and that the trial in this matter be continued from March 23 30, 2020 to June 8, 2020 at 9:00 a.m. 24 // 25 // 26 // 27 // 28 // -1STIPULATION TO CONTINUE PRE-TRIAL CONFERENCE AND TRIAL 1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 2 3 DATED: February 6, 2020 WAGSTAFFE, VON LOEWENFELDT, BUSCH & RADWICK LLP 4 5 By: /s/ Frank Busch FRANK BUSCH Attorneys for Plaintiff MYRTLE STREET FLATS LLC d/b/a Sunrise Properties 6 7 8 9 10 11 DATED: February 6, 2020 12 13 /s/ Katelyn Knight (as authorized on February 6, 2020) KATELYN M. KNIGHT Deputy City Attorney Attorneys for Defendant CITY OF VALLEJO 14 15 16 17 PURSUANT TO STIPULATION, IT IS SO ORDERED. 18 19 Date: February 6, 2020 20 21 22 /s/ John A. Mendez__________ The Honorable John A. Mendez United States District Court Judge 23 24 25 26 27 28 -2STIPULATION TO CONTINUE PRE-TRIAL CONFERENCE AND TRIAL

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