Millsmont Homeowners Association v. City of Oakland et al

Filing 36

STIPULATION AND ORDER Extending Time to Respond to Complaint and Case Management Schedule. The Case Management Conference previously set for March 28, 2008 is continued to June 27, 2008 at 10:30 a.m. Signed by Judge Maxine M. Chesney on February 1, 2008. (mmclc2, COURT STAFF) (Filed on 2/1/2008)

Millsmont Homeowners Association v. City of Oakland et al

Doc. 36

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Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

Christopher Locke (State Bar No. 101704) FARELLA BRAUN & MARTEL LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant DESILVA GATES CONSTRUCTION, L.P.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

MILLSMONT HOMEOWNERS ASSOCIATION, Plaintiff, vs. CITY OF OAKLAND and DESILVA GATES CONSTRUCTION, L.P., Defendants.

Case No. C 06 03955 MMC STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT AND CASE MANAGEMENT SCHEDULE Date: Time: Courtroom: Judge: June 27, 2008 10:30 a.m. 7, 19th Floor Hon. Maxine M. Chesney

[Federal Rules of Civil Procedure 26(a), (f); Civil Local Rules 7-12, 16-2(d)-(e)] WHEREAS, defendants the City of Oakland ("City") and DeSilva Gates Construction, L.P. ("DeSilva") were served with plaintiff's Complaint and the accompanying Summons and Order Setting Initial Case Management Conference on or about July 3 and 10, 2006, respectively; WHEREAS, the City, DeSilva and representatives of plaintiff Millsmont Homeowners Association ("MHA") engaged in extended settlement discussions and an informal exchange of information prior to and following service of the Complaint; WHEREAS, the parties' settlement discussions produced a Consent Decree documenting a proposed settlement that provides an opportunity for restoration of Chimes Creek, an accompanying Access Agreement to facilitate performance of tasks contemplated by the Consent

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT AND CASE MANAGEMENT SCHEDULE No. C 06 03955 MMC

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Dockets.Justia.com

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Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

Decree, and other documents included as exhibits to the Consent Decree; WHEREAS, with the assistance of Chief Magistrate Judge James Larson at a mediation on November 20, 2007, the parties resolved all remaining settlement issues and placed on the record their agreement on the terms of the Consent Decree and accompanying exhibits, subject to approval by the Oakland City Council and individual homeowners; WHEREAS, issues have since emerged (1) last month with one of the MHA representatives claiming damage to her property from sewer repairs by the City and its contractor, and (2) at a meeting on January 24, 2008, at which some of the homeowners questioned the scope of the Access Agreement; counsel for the parties are diligently seeking to resolve these issues. WHEREAS, because of these developments, the parties agree that a further extension of time, to and including May 9, 2008, for the City and DeSilva to respond to the Complaint, will avoid potentially unnecessary time and expense, promote judicial economy and serve the public interest while the parties seek to conclude the proposed settlement; and WHEREAS, the parties further agree that a corresponding continuance of Case Management dates will facilitate these settlement efforts, avoid potentially unnecessary time and expense, promote judicial economy and serve the public interest. THEREFORE, subject to the approval of the Court, the parties hereby stipulate and agree that there is good cause for a further extension of time, to and including May 9, 2008, for the City and DeSilva to respond to the Complaint, and for a corresponding continuance of Case Management dates (subject to being vacated upon the lodging of the proposed Consent Decree), as follows: Last day for defendants to respond to Complaint Last day to meet and confer re initial disclosures, early settlement, ADR process selection and discovery plan Last day to complete initial disclosures or state objection in Rule 26(f) Report, file Case Management Statement, and file Rule 26(f) Report Initial Case Management Conference May 9, 2008 June 6, 2008 June 20, 2008 June 27, 2008 10:30 a.m.

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT AND CASE MANAGEMENT SCHEDULE No. C 06 03955 MMC

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SO STIPULATED: DATED: January __, 2008 FARELLA BRAUN & MARTEL LLP

By: /s/ Christopher Locke Christopher Locke Attorneys for Defendant DESILVA GATES CONSTRUCTION, L.P. OAKLAND CITY ATTORNEY

DATED: January __, 2008 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

DATED: January __, 2008

By: /s/ William Simmons William Simmons Attorneys for Defendant CITY OF OAKLAND NATURAL HERITAGE INSTITUTE

By: /s/ Julie Gantenbein Julie Gantenbein Attorneys for Plaintiff MILLSMONT HOMEOWNERS ASSOCIATION Upon stipulation of the parties and good cause appearing, IT IS HEREBY ORDERED that the time for defendants the City of Oakland and DeSilva Gates Construction, L.P., to respond to plaintiff's Complaint is extended, and the Case Management dates are continued, subject to being vacated upon the lodging of the proposed Consent Decree, as follows: Last day for defendants to respond to Complaint Last day to meet and confer re initial disclosures, early settlement, ADR process selection and discovery plan Last day to complete initial disclosures or state objection in Rule 26(f) Report, file Case Management Statement, and file Rule 26(f) Report Initial Case Management Conference May 9, 2008 June 6, 2008 June 20, 2008 June 27, 2008 10:30 a.m.

DATED: February 1, 2008 MAXINE M. CHESNEY United States District Judge
STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT AND CASE MANAGEMENT SCHEDULE No. C 06 03955 MMC

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