Hart et al v. City of Alameda

Filing 65

ORDER CONTINUING CASE MANAGEMENT CONFERENCE. The Case Management Conference is continued to September 18, 2009. Signed by Judge Maxine M. Chesney on July 15, 2009. (mmclc2, COURT STAFF) (Filed on 7/15/2009)

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Teresa Highsmith, City Attorney (SB# 155262) Donna Mooney, Senior Assistant City Attorney (SB# 189753) Office of the City Attorney 2263 Santa Clara Avenue, Room 280 Alameda, California 94501 Telephone: [phone] Fax No.: [phone] Email: [e-mail] Joseph E. Wiley (SB# 84154) Ian P. Fellerman (SB# 119725) WILEY PRICE & RADULOVICH, LLP 1301 Marina Village Parkway, Suite 310 Alameda, California 94501 [phone] FAX [phone] Attorneys for Defendant CITY OF ALAMEDA Alison Berry Wilkinson (SB# 135890) BERRY WILKINSON LAW GROUP 4040 Civic Center Drive, Suite 200 San Rafael, CA 94903 Telephone/Facsimile: [phone] Email: [e-mail] Attorney for Plaintiffs Dennis Hart and Ron Miller

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

DENNIS HART AND RON MILLER, Plaintiffs, v. CITY OF ALAMEDA, Defendant.

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Case No.: C 07-05845 MMC UPDATED JOINT CASE MANAGEMENT STATEMENT AND PROPOSED ORDER Date: T ime: Dept: July 24, 2009 10:30 a.m. Courtroom 7, 19th Floor The Hon. Maxine M. Chesney

UPDATED JOINT CASE MANAGEMENT STATEMENT AND PROPOSED ORDER 1

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The parties to the above-entitled action jointly submit this updated Joint Case Management Statement and Proposed Order and request that the Court adopt it as its Case Management Order in this case. This Court's Order granting in part and denying in part the parties' cross-motions for Summary Adjudication was issued on June 17, 2009. Now that the principal legal issues in

dispute have been resolved, the parties have agreed to meet within the next thirty (30) days to determine whether the remaining aspects of the case can be resolved, or whether further discovery is required before this matter is fully adjudicated.

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Therefore, to further the efforts at informal resolution, the parties request that the July 24 Case Management Conference be continued for approximately sixty (60) days for the parties to attempt to resolve this matter. At that time, the parties will be in a better position to identify whether the parties have reached a resolution, whether the intervention of a third party or additional discovery is appropriate to facilitate resolution, or whether the parties intend to proceed to trial with the remaining claims.

Date: July 9, 2009

/s/ Alison Berry Wilkinson Attorney for Plaintiffs

Date: July 9, 2009

/s/ Ian P. Fellerman Attorney for Defendant CASE MANAGEMENT ORDER

The Case Management Statement is hereby adopted by the Court as the Case Management Order for the case and the parties are ordered to comply. The Court hereby Orders that: 1. The Case Management Conference scheduled for July 24, 2009 is hereby continued to September 18 2009, with an updated Joint Case Management __, Statement to be filed by the parties seven days prior thereto.

Date: July __, 2009 15
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MAXINE CHESNEY United States District Court Judge
UPDATED JOINT CASE MANAGEMENT STATEMENT AND PROPOSED ORDER 2