Wesner et al v. County of Napa et al

Filing 39

ORDER GRANTING 38 Stipulation re Schedule. Signed by Judge Jeffrey S. White on April 16, 2009. (jswlc3, COURT STAFF) (Filed on 4/17/2009)

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FREAR STEPHEN SCHMID, CSB NO. 96089 ATTORNEY AT LAW 177 POST STREET, SUITE 890 SAN FRANCISCO, CA 94108 TELEPHONE: [phone] FACSIMILE: [phone] Attorneys for Plaintiffs DAVID D. WESNER, JANICE L. WESNER AND DON WESNER, INC. MARK A. JONES, CSB NO. 96494 KRISTEN K. PRESTON, CSB NO. 125455 JONES & DYER 1800 J STREET SACRAMENTO, CA 95811 TELEPHONE: [phone] FACSIMILE: [phone] Attorneys for Defendants COUNTY OF NAPA and NAPA COUNTY BOARD OF SUPERVISORS

UNITED STATES DISTRICT Court NORTHERN DISTRICT OF CALIFORNIA

DAVID D. WESNER, JANICE L. WESNER, AND DON WESNER, INC. Plaintiffs, v. COUNTY OF NAPA, AND NAPA COUNTY BOARD OF SUPERVISORS, Defendants. _______________________________/

No. CV-08-3377 JSW JOINT REQUEST TO STAY PROCEEDINGS TO FINALIZE SETTLEMENT AND [PROPOSED] ORDER

The parties, through their respective counsel, jointly request the Court to stay the proceedings in this matter for three months to allow the parties time to consummate a pending settlement resolution. As a result of the ENE held in this matter, and subsequent initial settlement discussions thereat, and followup negotiations by the parties and their respective attorneys, the parties believe that they have a workable
1 JOINT REQUEST TO STAY PROCEEDINGS TO FINALIZE SETTLEMENT AND [PROPOSED] ORDER

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framework for the resolution of this matter. However, because of the land use nature of this action and the need for approval by the governing body, the Board of Supervisors of the County of Napa, the ultimate resolution and drafting and signing of settlement papers are more complicated than usual and require lengthier time to complete and have approved. To this end, it makes more sense for the parties to dedicate their time, money, and resources towards consummating a settlement than expend such time, money, and resources on further litigation in this matter, specifically dealing with deadlines previously set in this matter, including discovery cutoff of May 1, 2009, dispositive motion hearing date of June 26, 2009, last day for expert disclosure of May 15, 2009, and finally, a trial date of September 8, 2009. Accordingly, the parties jointly respectfully request this Court to stay this matter for three months and vacate all the current dates, and reschedule them four months hence (the Court calendar permitting), as follows: Trial Date: January 11, 2010, at 8:30 AM Pretrial Conference: December 14, 2009, at 2:00 PM Last Day to Hear Dispositive Motions: Friday, October 30, 2009, at 9:00 AM Close of All Discovery: September 1, 2009 Last Day for Expert Disclosure: September 15, 2009 The parties jointly request the foregoing in lieu of a conditional dismissal of this matter, since although the parties are working in good faith in resolution, they believe that maintaining active dates in this matter will have a disciplinary and a positive effect on the parties' prompt and thorough settlement of these proceedings. DATED: April 16, 2009 Respectfully submitted, /s/ Frear Stephen Schmid Frear Stephen Schmid, Attorneys for Plaintiffs DAVID D. WESNER, JANICE L. WESNER, and DON WESNER, INC.

2 JOINT REQUEST TO STAY PROCEEDINGS TO FINALIZE SETTLEMENT AND [PROPOSED] ORDER

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DATED: April 16, 2009

JONES & DYER /s/ Mark A. Jones Mark A. Jones, Attorneys for Defendants COUNTY OF NAPA and NAPA COUNTY BOARD OF SUPERVISORS ORDER

Pursuant to the aforementioned stipulation, the previously set dates in this matter are hereby vacated, the matter is stayed for three months, and the following new dates are set: Trial Date: January 11, 2010, at 8:30 AM Pretrial Conference: December 14, 2009, at 2:00 PM Last Day to Hear Dispositive Motions: Friday, October 30, 2009, at 9:00 AM Close of All Discovery: September 1, 2009 Last Day for Expert Disclosure: September 15, 2009 IT IS SO ORDERED. 16 DATED: April ____, 2009 _______________________________ Jeffrey S. White, Judge of the United States District Court

3 JOINT REQUEST TO STAY PROCEEDINGS TO FINALIZE SETTLEMENT AND [PROPOSED] ORDER