Black v. Potter

Filing 59

ORDER granting request to continue litigation schedule. (tf, COURT STAFF) (Filed on 3/10/2010)

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Alan P. Jacobus, No. 206954 Vance A. Woodward, No. 231730 CARROLL, BURDICK & McDONOUGH LLP Attorneys at Law 44 Montgomery Street, Suite 400 San Francisco, CA 94104 Telephone: [phone] Facsimile: 415.989.0932 Email: [e-mail] [e-mail] Attorneys for Plaintiff HAROLD BLACK UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION HAROLD BLACK, Plaintiff, v. JOHN E. POTTER, Postmaster General, Defendant. No. C 08-1344 SI STIPULATION AND [PROPOSED] ORDER TO MODIFY DEADLINES

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CBM-IPG \SF468983.2 STIPULATION AND [PROPOSED] ORDER TO MODIFY DEADLINES (NO. C 08-1344 SI)

Plaintiff and Defendant, by and through their undersigned attorneys, hereby enter into the following stipulation and request its approval by the Court. WHEREAS the fact discovery cut-off has been set as February 27, 2010, and WHEREAS the current deadline to move for summary judgment is March 19, 2010, with opposition papers due April 2, 2010, and reply papers due April 9, 2010, and hearing set for April 23, 2010 at 9:00 a.m., and WHEREAS the parties believe they have in good faith and with good progress proceeded with the exchange of written discovery and the taking of depositions, and WHEREAS the parties submitted a stipulation and proposed order to modify discovery and motion deadlines on February 26, 2010 (Docket 57), one day before the discovery cut off and before the completion of a deposition being taken that same day, and

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WHEREAS partly based on evidence developed during the deposition taken on February 26, 2010, the parties now seek to take three more depositions, and WHEREAS the defendant has requested a further short extension of time (to March 10, 2010) to respond to written questions in lieu or a rule 30(b)(6) deposition on certain topics beyond what was requested in the parties' stipulation of February 26, 2010, ACCORDINGLY, the parties agree and request the Court to modify the case management schedule as follows so as to afford them sufficient time to take three additional depositions and prepare summary judgment motions: Non-Expert Discovery Cutoff: Move from 2/27/10 to 4/30/10. Deadline to Bring Fact-Discovery Motions: 5/14/10. Deadline to File MSJs: Move from 3/19/10 to 5/28/10. Deadline to File Oppositions to MSJs: From 4/2/10 to 6/11/10. Deadline to File Replies in Support of MSJs: From 4/9/10 to 6/18/10. Hearing on MSJs: Move from 4/23/10 to 7/16/10, at 9:00 am. Designation of Experts: Move from 5/7/10 to 8/6/10. Designation of Rebuttal Experts: Move from 5/28/10 to 8/27/10. Expert Discovery Cutoff: Move from 6/18/10 to 9/17/10. Pre-Trial Conference Date: Move from 8/10/10 to 11/9/10, at 3:30 pm. Jury Trial Date: Move from 8/23/10 to 11/22/10, at 8:30 am. /// /// /// /// /// ///

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STIPULATION AND [PROPOSED] ORDER TO MODIFY DEADLINES

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Furthermore, the parties have mutually agreed upon any of the following three Magistrate Judges to preside over a settlement conference: Edward M. Chen, Maria-Elena James, and Elizabeth D. Laporte. To the extent schedules and the convenience of the Court permit, the parties would request the case be referred to one of the three foregoing Magistrate Judges for the settlement conference, to be held sometime between 7/16/10 and 8/6/10. Dated: March 8, 2010 CARROLL, BURDICK & McDONOUGH LLP By /s/ Vance A. Woodward Alan P. Jacobus

Attorneys for Plaintiff HAROLD BLACK

Dated: March 8, 2010

U.S. ATTORNEY By /s/ Michael T. Pyle Joseph P. Russoniello Attorneys for Defendant JOHN E. POTTER, POSTMASTER GENERAL

PURSUANT TO STIPULATION, IT IS SO ORDERED. DATED: Judge Susan Illston United States District Judge

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STIPULATION AND [PROPOSED] ORDER TO MODIFY DEADLINES