Wilkins-Jones v. County of Alameda

Filing 37

ORDER CONTINUING SETTLEMENT CONFERENCE re 36 Proposed Order filed by Shawna Wilkins-Jones. Signed by Judge James Larson on 3/5/09. (jlsec, COURT STAFF) (Filed on 3/5/2009)

Case 3:08-cv-01485-MHP

Document 36

Filed 03/04/2009

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LAW OFFICES OF

PAUL L. REIN, Esq. (SBN 43053) JULIE A. OSTIL, Esq. (SBN 215202) CELIA MCGUINNESS, Esq. (SBN 159420) LAW OFFICES OF PAUL L. REIN 200 Lakeside Drive, Suite A Oakland, CA 94612 Tel:[phone] Fax: [phone] Attorneys for Plaintiff SHAWNA WILKINS-JONES RICHARD E. WINNIE [68048] County Counsel DIANE C. GRAYDON [164095] Deputy County Counsel Office of the County Counsel, County of Alameda 1221 Oak St., Suite 450 Oakland, CA 94612 Telephone: [phone] Attorneys for Defendant COUNTY OF ALAMEDA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SHAWNA WILKINS-JONES, Plaintiff, v. COUNTY OF ALAMEDA, and DOES 1-10, Inclusive, Defendants. __________________________/ STIPULATION AND [PROPOSED] ORDER TO CONTINUE SETTLEMENT CONFERENCE Date: March 10, 2009 Time: 10:00 am Judge: Hon. James Larson Place: U.S. District Court 450 Golden Gate San Francisco, CA CASE NO. C08-01485 MHP Civil Rights

The parties request a continuance of the currently scheduled Settlement Conference for the following good cause: 1. The parties had set a settlement conference for March 10, 2009. However,

plaintiff has not received her report on the access barriers from her expert, and he will be unable to provide that report for approximately three weeks. Plaintiff's expert Barry Atwood has been ill, has had to move to a new office, and has lost his support-staff employee, all of
Stip to Continue Further Case Management Conference: Case No. C08-02098 WDB8-01485 MHP

PAUL L. REIN
200 LAKESIDE DR., SUITE A OAKLAND, CA 94612-3503 [phone]

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Case 3:08-cv-01485-MHP

Document 36

Filed 03/04/2009

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LAW OFFICES OF

which has made it impossible for him to complete the report in the timeframe that he originally planned. (See concurrently filed Declaration of Barry Atwood). The plaintiff will not be in a position to make an injunctive relief demand or negotiate any aspect of this case without her expert report. 2. Plaintiff's counsel has notified defendant's counsel of the delay, and has notified

Judge Larson's chambers of the delay, and neither Judge Larson nor defense counsel has any objection to continuing the settlement conference. 3. Holding a settlement conference at this time, without anything substantive to

report to the court, would be a waste of the court's time and resources, and would increase the attorney fees in the litigation and make the case less likely to settle. 4. A continuance of the Settlement Conference will not prejudice any party, as

there are no pending pre-trial or trial dates. Formal discovery is currently stayed so extending the deadlines will not increase the cost of the litigation. 5. Plaintiff has already filed a stipulation and [proposed] order to continue the

Further Case Management Conference, currently scheduled for March 30, 2009, until after July 2009; and to extend the current deadline for holding a settlement conference until July 31, 2009.

Dated: March 4, 2009

PAUL L. REIN JULIE OSTIL CELIA MCGUINNESS LAW OFFICES OF PAUL L. REIN /s/ Julie Ostil_________________ Attorneys for Plaintiff SHAWNA WILKINS-JONES

Dated: March 4, 2009

DIANE GRAYDON DEPUTY COUNTY COUNSEL COUNTY OF ALAMEDA /s/ Diane Graydon__________________ Attorneys for Defendant COUNTY OF ALAMEDA

PAUL L. REIN
200 LAKESIDE DR., SUITE A OAKLAND, CA 94612-3503 [phone]

Stip to Continue Further Case Management Conference: Case No. C08-02098 WDB8-01485 MHP

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Case 3:08-cv-01485-MHP

Document 36

Filed 03/04/2009

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LAW OFFICES OF

[PROPOSED] ORDER Pursuant to stipulation, and for good cause shown, it is hereby ORDERED that the Settlement Conference currently set for March 10, 2009 is continued to June 26, 2009, at 10:00 a.m..

Dated:

March 5, 2009 ________________________________

HON. JAMES LARSON U.S. MAGISTRATE JUDGE

PAUL L. REIN
200 LAKESIDE DR., SUITE A OAKLAND, CA 94612-3503 [phone]

Stip to Continue Further Case Management Conference: Case No. C08-02098 WDB8-01485 MHP

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