Ashbaucher et al v. City of Arcata et al

Filing 199

STIPULATION AND ORDER re 198 Case Management Scheduling Order 196 For Extension of Case Management Deadlines filed by Kimberly L. Starr, Hans Karl Ashbaucher, Johnie C. Miller Discovery due by 7/6/2012. Dispositive Motion Hearing reset from 7/27/12 to 9/14/2012 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 5/18/12. (bpf, COURT STAFF) (Filed on 5/18/2012)

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JAMES M. SCHURZ (CA SBN 145874)
[e-mail]
ROBERT T. PETRAGLIA (CA SBN 264849)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
Attorneys for Plaintiffs
HANS K. ASHBAUCHER
JOHNIE C. MILLER
KIMBERLY L. STARR
Nancy K. Delaney, SBN 70617
Nicholas R. Kloeppel, SBN 186165
MITCHELL, BRISSO, DELANEY & VRIEZE, LLP
Attorneys at Law
814 Seventh Street
P. O. Drawer 1008
Eureka, CA 95502
Tel: [phone]
Fax: [phone]
Attorneys for Defendants
CITY OF ARCATA
HUMBOLDT COUNTY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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HANS ASHBAUCHER, et al.,

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Plaintiffs,
v.
CITY OF ARCATA, et al.,
Defendants.

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STIPULATION FOR EXTENSION OF CASE MANAGEMENT DEADLINES
08-cv-2840 EMC
sf-3145146

Case No.

08-cv-2840 EMC

STIPULATION FOR EXTENSION
OF CASE MANAGEMENT
DEADLINES ; ORDER (with modification)

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Pursuant to Northern District Local Rules 7-12 and 6-2, counsel for Plaintiffs

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Hans K. Ashbaucher, Johnie C. Miller, and Kimberly L. Starr and counsel for

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Defendants City of Arcata and Humboldt County hereby submit this Stipulation and

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Proposed Order to extend the fact discovery cut-off, and to extend the deadlines for the

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expert reports, expert rebuttal reports, the expert discovery cut-off, and dispositive

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motions.

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This is the Parties’ second request to alter deadlines set forth in the Case

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Management Order adopted by this Court on October 28, 2011. (Dkt. 186.) The first

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request was granted by this Court on April 10, 2012, and related only to the discovery cut-

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off dates. (Dkt. 196.)
The Parties are engaged in settlement negotiations which are contingent upon the
adoption of revised ordinances and regulations by the City of Arcata.
The Parties have made progress since the last extension was granted by this Court,

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and new ordinances have been enacted; however some revised regulations and policies

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still need to be finalized.

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After meeting and conferring regarding settlement and discovery issues, the Parties

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agree that a limited extension of deadlines is appropriate to allow the City of Arcata to

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promulgate revised regulations and policies, and to allow Plaintiffs time to review said

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revisions.

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The Parties believe that the City of Arcata will be able to complete adoption of its
revised policies and procedures on or before June 4, 2012.
A limited extension of the deadlines will enable the Parties to resolve the case

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efficiently, without the considerable cost of completing the discovery process; while

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preventing prejudice to either party should settlement negotiations ultimately be

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unsuccessful.

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Furthermore, the expert witnesses Plaintiffs retains will not be able to complete
their expert reports by the current deadline without production of outstanding discovery.

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STIPULATION FOR EXTENSION OF CASE MANAGEMENT DEADLINES
08-cv-2840 EMC
sf-3145146

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IT IS HEREBY STIPULATED AND AGREED by the Parties, by and through

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their respective counsel, that:
1.

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The case management dates are to be reset as follows:

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Event

Current Deadline

Stipulated Deadline

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Fact discovery cut-off

May 25, 2012

July 6, 2012

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Expert reports

May 25, 2012

July 6, 2012

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Expert rebuttal reports

June 15, 2012

July 27, 2012

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Expert discovery cut-off

July 1, 2012

August 17, 2012

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Dispositive Motions

Last day to be heard: July

Last day to be heard:
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September 21, 2012

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27, 2012 at 1:30 p.m.

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2.

None of the other case management dates are altered by this stipulation.

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Dated: May 14, 2012

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JAMES M. SCHURZ
ROBERT T. PETRAGLIA
MORRISON & FOERSTER LLP

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By:

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Attorneys for Plaintiffs
HANS ASHBAUCHER
JOHNIE MILLER
KIMBERLY STARR

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/s/ Robert T. Petraglia
ROBERT PETRAGLIA

Dated: May 14, 2012

NICHOLAS R. KLOEPPEL
NANCY K. DELANEY
MITCHELL, BRISSO, DELANEY & VRIEZE

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By:

/s/ Nicholas R. Kloeppel
NICHOLAS R. KLOEPPEL
Attorneys for Defendants
CITY OF ARCATA
HUMBOLDT COUNTY

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STIPULATION FOR EXTENSION OF CASE MANAGEMENT DEADLINES
08-cv-2840 EMC
sf-3145146

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ER

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R NIA

. Chen

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ward M
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The Honorable Edward M. Chen
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May 18, 2012
Date:_______________________

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PURSUANT TO THE PARTIES’ STIPULATION, IT IS SO ORDERED.

UNIT
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D IS T IC T O
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STIPULATION FOR EXTENSION OF CASE MANAGEMENT DEADLINES
08-cv-2840 EMC
sf-3145146

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