Minority Television Project Inc. v. Federal Communications Commission et al

Filing 60

STIPULATION AND ORDER TO MODIFY CASE MANAGEMENT AND PRETRIAL ORDER FOR COURT TRIAL: Non-expert discovery shall close 12/1/2008. Expert discovery shall be completed by 2/20/2009. Further Case Management Conference set for 2/10/2009 10:00 AM. Last day to hear dispostive motions 6/2/2009 9:00 AM. Pretrial Conference set for 8/4/2009 02:00 PM. Bench Trial set for 8/17/2009 08:30 AM. Signed by Judge Elizabeth D. Laporte on 9/11/08. (lmh, COURT STAFF) (Filed on 9/11/2008)

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JOHN L. FITZGERALD (SBN 126613) ANDREW A. AUGUST (SBN 112851) PINNACLE LAW GROUP LLP 425 California Street, Suite 1800 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] WALTER E. DIERCKS (pro hac vice) RUBIN, WINSTON, DIERCKS, HARRIS & COOKE, LLP Sixth Floor, 1155 Connecticut Avenue, N.W. Washington, D.C. 20036 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff MINORITY TELEVISION PROJECT, INC JOSEPH P. RUSSONIELLO (SBN 44332) United States Attorney JOANN M. SWANSON (SBN 88143) Chief, Civil Division MELISSA K. BROWN (SBN 203307) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants FEDERAL COMMUNICATIONS COMMISSION and UNITED STATES OF AMERICA UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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MINORITY TELEVISION PROJECT, INC.

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Plaintiff,

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v.

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Defendants. FEDERAL COMMUNICATIONS COMMISSION and UNITED STATES OF AMERICA,

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Case No. C 06-2699 EDL STIPULATION AND [PROPOSED] ORDER TO MODIFY CASE MANAGEMENT AND PRETRIAL ORDER FOR COURT TRIAL

STIPULATION AND [PROPOSED] ORDER TO M O D I F Y CASE MANAGEMENT AND PRETRIAL ORDER F O R COURT TRIAL C a s e No. C-06-2699 EDL

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WHEREAS, the defendants, the United States of America and the Federal Communications

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Commission (collectively "Defendants") request a modification to the Case Management and Pretrial

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Order for Court Trial ("Pretrial Order") issued by this Court on February 21, 2008, due to hospitalization

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of lead attorney, Melissa Brown Assistant United States Attorney;

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WHEREAS, Ms. Brown was hospitalized, underwent two emergency surgeries, and

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consequently was out of the office and not able to work full-time from the period of August 7, 2008

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through September 2, 2008;

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WHEREAS, Ms. Brown has been advised by her physician that her recovery could last for

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several months;

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WHEREAS, as a result of Ms. Brown's absence from work due to illness and recovery, the

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parties, i.e. plaintiff Minority Television Project, Inc. ("Plaintiff") and the Defendants have agreed to the

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proposed modification to the Pretrial Order:

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Discovery

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· Non-expert fact discovery shall close on December 1, 2008; Initial Expert Disclosures shall be due on January 12, 2009; Rebuttal Expert Disclosure shall be due on January 26, 2009; Expert Discovery shall be completed no later tan February 20, 2009;

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·

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·

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·

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Case Management

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· Further Case Management Conference February 11, 2008.

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Dispositive Motions

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· Defendants' Opening Brief shall be due on March 20, 2009; Plaintiff's Opening and/or cross motion shall be due on April 10, 2009; Defendants' Reply Brief shall be due on April 24, 2009; Plaintiff's Reply Brief shall be due on May 8, 2009; Dispositive Motion hearing shall be held on June 2, 2009;

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·

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·

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·

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·

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Trial

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· Pretrial Conference shall be held on August 4, 2009;

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STIPULATION AND [PROPOSED] ORDER TO M O D I F Y CASE MANAGEMENT AND PRETRIAL ORDER F O R COURT TRIAL C a s e No. C-06-2699 EDL

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·

Trial shall begin on August 17, 2009

WHEREAS the parties respectfully request that the Court adopt the proposed aforementioned modification to the Pretrial Order.

DATED: September 10, 2008

Respectfully submitted, ANDREW A. AUGUST JOHN L. FITZGERALD WALTER E. DIERCKS /s Walter Diercks

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STIPULATION AND [PROPOSED] ORDER TO M O D I F Y CASE MANAGEMENT AND PRETRIAL ORDER F O R COURT TRIAL C a s e No. C-06-2699 EDL

________________________________ WALTER E. DIERCKS Attorneys for Plaintiff Minority Television Project DATED: September 10, 2008 JOSEPH P. RUSSONIELLO United States Attorney /s Melissa K. Brown ________________________________ MELISSA K. BROWN Assistant United States Attorney

Attorneys for the Defedants

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I T IS SO ORDERED. 18 19 20 21 22 23 24 25 26 27 28 September 11, 2008 D a te d : _______________

[P R O P O S E D ] ORDER The Case Management and Pretrial Order for Court Trial ("Pretrial Order") issued by this Court
on February 21, 2008 shall be modified as follows: Discovery · · · · · · · · · · Trial · · Pretrial Conference shall be held on August 4, 2009; Trial shall begin on August 17, 2009 Non-expert fact discovery shall close on December 1, 2008; Initial Expert Disclosures shall be due on January 12, 2009; Rebuttal Expert Disclosure shall be due on January 26, 2009; Expert Discovery shall be completed no later tan February 20, 2009; Further Case Management Conference February 11, 2008. Defendants' Opening Brief shall be due on March 20, 2009; Plaintiff's Opening and/or cross motion shall be due on April 10, 2009; Defendants' Reply Brief shall be due on April 24, 2009; Plaintiff's Reply Brief shall be due on May 8, 2009; Dispositive Motion hearing shall be held on June 2, 2009;

Case Management Dispositive Motions

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