Martin v. City of Richmond

Filing 96

ORDER to modify re 94 Stipulation filed by City of Richmond Motion Hearing set for 1/8/2010 10:00 AM in Courtroom 8, 19th Floor, San Francisco. Motions due by 11/20/2009.. Signed by Judge Charles R. Breyer on 9/21/09. (be, COURT STAFF) (Filed on 9/21/2009)

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RENNE SLOAN HOLTZMAN SAKAI LLP Attorneys at Law

JEFFREY SLOAN (SBN 078179) [e-mail] TIMOTHY G. YEUNG (SBN 186170) [e-mail] STEVE CIKES (SBN 235413) [e-mail] RENNE SLOAN HOLTZMAN SAKAI LLP 350 Sansome Street, Suite 300 San Francisco, CA 94104-1304 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant, CITY OF RICHMOND UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA KEVIN MARTIN, Plaintiff, vs. CITY OF RICHMOND, Defendant. Case No.: C-06-6146 CRB STIPULATION AND [PROPOSED] ORDER MODIFYING CASE MANAGEMENT AND SETTLEMENT CONFERENCE ORDER Complaint Filed: Trial Date: September 29, 2006 Not Set

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Plaintiff Kevin Martin ("Plaintiff") and Defendant City of Richmond ("City"), through their respective counsel, hereby stipulate and agree as follows: WHEREAS, on April 21, 2009, the Court issued a Case Management and Settlement Conference Order scheduling deadlines by which the parties must complete discovery, bring dispositive motions, and stipulate to conditional collective action certification. WHEREAS, on June 22, 2009, the parties entered into a stipulation conditionally certifying this action as a collective action for purposes of discovery and trial. Under the stipulation, the parties agreed that this action should proceed on a representative basis and further agreed to randomly select representative plaintiffs by July 17, 2009. WHEREAS, on July 15, 2009, the parties randomly selected representative plaintiffs for each subgroup identified in Plaintiff's First Amended Complaint. 1
STIPULATION AND [PROPOSED] ORDER MODIFYING CASE MANAGEMENT AND SETTLEMENT CONFERENCE ORDER; CASE NO. C-06-6146 CRB

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RENNE SLOAN HOLTZMAN SAKAI LLP Attorneys at Law

WHEREAS, the stipulation to proceed as a collective action authorizes the City to propound all discovery mechanisms upon each of the 16 representative plaintiffs, and authorizes Plaintiff to depose up to 10 defense witnesses in addition to any expert or 30(b)(6) witnesses designated by the City. WHEREAS, on July 30, 2009, the Court approved the parties' stipulation and proposed order modifying the Case Management and Settlement Conference Order previously entered on April 21, 2009. That Order essentially provided the parties with an additional two months in order to complete discovery and bring dispositive motions. WHEREAS, to date, the parties have completed a significant portion of the discovery contemplated in their conditional collective action certification stipulation. However, due to factors outside of their control (stemming mainly from issues involving witness availability), the parties will require an additional month in order to complete discovery and, if necessary, prepare dispositive motions. Such an extension will also allow the parties to continue their informal settlement discussions and, hopefully, resolve this matter, before the filing of any dispositive motions. THEREFORE, THE PARTIES STIPULATE AND AGREE THAT THE COURT'S CASE MANAGEMENT AND SETTLEMENT CONFERENCE ORDER BE MODIFIED ACCORDINGLY: 1. 2009. 2. The October 23, 2009 deadline for the parties to file dispositive motions shall be The September 25, 2009 discovery deadline shall be continued until October 23,

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continued until November 20, 2009. 3. The December 4, 2009 deadline for hearing dispositive motions shall be

continued until January 8, 2010. /// /// /// /// 2
STIPULATION AND [PROPOSED] ORDER MODIFYING CASE MANAGEMENT AND SETTLEMENT CONFERENCE ORDER; CASE NO. C-06-6146 CRB

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RENNE SLOAN HOLTZMAN SAKAI LLP Attorneys at Law

IT IS SO STIPULATED.

Dated: September 18, 2009

RENNE SLOAN HOLTZMAN SAKAI LLP

By:

/s/ Steve Cikes ____________ Steve Cikes Attorney for Defendant City of Richmond

Dated: September 18, 2009

RAINS LUCIA STERN, PC

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By:__ /s/ Peter Hoffmann__ Peter Hoffmann Attorney for Plaintiff Kevin Martin

UNIT ED

The Honorable Charles R. Breyer UNITED STATES DISTRICT ED ER COURT JUDGE

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Dated: Sept. 21

, 2009

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STIPULATION AND [PROPOSED] ORDER MODIFYING CASE MANAGEMENT AND SETTLEMENT CONFERENCE ORDER; CASE NO. C-06-6146 CRB

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