Meyer et al v. City of Clearlake et al

Filing 39

ORDER CONTINUING PRETRIAL DATES. Signed by Judge Maria-Elena James on 11/13/2009. (mejlc1, COURT STAFF) (Filed on 11/13/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

MARK F. HAZELWOOD, # 136521 DIRK D. LARSEN, # 246028 LOW, BALL & LYNCH 505 Montgomery Street, 7th Floor San Francisco, California 94111-2584 Telephone [phone] Facsimile [phone] Attorneys for Defendants CITY OF CLEARLAKE, ALLAN McLAIN, LEE LAMBERT, JANINE LOWE, SCOTT SPIVEY, CURT GIAMBRUNO, CHUCK LEONARD, JUDY THEIN, ROY SIMONS, TODD MILLER, CARL MILLER, RODD JOSEPH, AND BRETT RHODES

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

GRANT MEYER AND MARILYN MEYER,

) ) Plaintiffs, ) ) vs. ) ) CITY OF CLEARLAKE, ALLAN McLAIN, LEE ) LAMBERT, JANINE LOWE, SCOTT SPIVEY, ) CURT GIAMBRUNO, CHUCK LEONARD, JUDY ) THEIN, ROY SIMONS, TODD MILLER, CARL ) MILLER, JOSEPH ROOD, SARGENT RHODES, ) PACIFIC GAS & ELECTRIC, AND ALL ) AMERICAN TOWING, ) ) Defendants. ) ) )

Case No. 3:08-cv-04372 MEJ STIPULATION AND [PROPOSED] ORDER TO CONTINUE PRETRIAL DEADLINES

The parties to the above-captioned action, through their respective counsel, hereby stipulate as set forth below, and request that the Court enter an order pursuant to their stipulation: 1. 2. To continue the deadline for all discovery from December 11, 2009, to January 11, 2010; To continue the deadline for the disclosure of expert witnesses from November 16, 2009,

to December 16, 2009; 3. To continue the deadline for the disclosure of rebuttal expert witnesses from November

25, 2009, to December 23, 2009; -1STIPULATION AND [PROPOSED] ORDER TO CONTINUE PRETRIAL DEADLINES
J:\1427\sf0003\Pld\P-stip-cont-disc.wpd Case No. 3:08-cv-04372 MEJ

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

4.

To continue the hearing of any dispositive motions from February 11, 2010, at

10:00 a.m., to February 25, 2010, at 10:00 a.m., or to a date as soon thereafter as may be convenient for the Court, with the deadlines for filing moving, opposition and reply papers in accordance with Civil L.R. 7-2 and 7-3. The parties do not request a continuance of the trial date or the remaining pretrial deadlines. Good cause exists for the requested continuance in that: 1. The parties attended a productive early neutral evaluation session in August 2009, after

which they exchanged written discovery; 2. The City of Clearlake defendants met and conferred with the other parties regarding

scheduling the depositions of both plaintiffs pursuant to Civil L.R. 30-1, and all parties agreed on the dates of November 3 and 4, 2009. On November 2, 2009, one attorney for the City of Clearlake defendants became ill with influenza, and the other attorney for these defendants had pre-scheduled appointments for November 3 and 4. Accordingly, the City of Clearlake defendants were not able to take the plaintiffs' depositions as planned. As counsel for plaintiffs is in trial until approximately the Thanksgiving holiday, the parties anticipate scheduling the plaintiffs' depositions for the first two weeks of December 2009; 3. The disclosure of experts and analysis of potential dispositive motions will depend to a

large degree on plaintiffs' deposition testimony; /// /// /// /// /// /// /// /// /// /// -2STIPULATION AND [PROPOSED] ORDER TO CONTINUE PRETRIAL DEADLINES
J:\1427\sf0003\Pld\P-stip-cont-disc.wpd Case No. 3:08-cv-04372 MEJ

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

4.

The parties request a continuance only of the discovery and dispositive-motion deadlines,

not of the trial date or other pretrial deadlines, and do not anticipate that the approximately one-month continuance will affect their ability to prepare for trial. SO STIPULATED.

Dated: November 12, 2009. LOW, BALL & LYNCH

By

s/ Dirk D. Larsen MARK F. HAZELWOOD DIRK D. LARSEN Attorneys for Defendants CITY OF CLEARLAKE, ALLAN McLAIN, LEE LAMBERT, JANINE LOWE, SCOTT SPIVEY, CURT GIAMBRUNO, CHUCK LEONARD, JUDY THEIN, ROY SIMONS, TODD MILLER, CARL MILLER, RODD JOSEPH, AND BRETT RHODES

Dated: November _____, 2009. CLARENCE & DYER LLP

By

KATE DYER CRAIG H. BESSENGER Attorneys for Defendant PACIFIC GAS & ELECTRIC COMPANY

Dated: November 12, 2009.

s/ Frear Stephen Schmid FREAR STEPHEN SCHMID Attorney for Plaintiffs GRANT MEYER AND MARILYN MEYER

-3STIPULATION AND [PROPOSED] ORDER TO CONTINUE PRETRIAL DEADLINES
J:\1427\sf0003\Pld\P-stip-cont-disc.wpd Case No. 3:08-cv-04372 MEJ

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . Dated: November 13, 2009 . 2010; 2.

[PROPOSED] ORDER Pursuant to the stipulation of the parties herein, and good cause appearing therefor, it is HEREBY ORDERED: 1. That the deadline for all discovery be continued from December 11, 2009, to January 11,

That the deadline for the disclosure of expert witnesses be continued from November 16,

2009, to December 16, 2009; 3. That the deadline for the disclosure of rebuttal expert witnesses be continued from

November 25, 2009, to December 23, 2009; 4. That the hearing of dispositive motions be continued from February 11, 2010, at , with

10:00 a.m., to February 25, 2010, at 10:00 a.m. /

the deadlines for filing moving, opposition and reply papers in accordance with Civil L.R. 7-2 and 7-3. IT IS SO ORDERED.

HON. MARIA-ELENA JAMES UNITED STATES MAGISTRATE JUDGE

-4STIPULATION AND [PROPOSED] ORDER TO CONTINUE PRETRIAL DEADLINES
J:\1427\sf0003\Pld\P-stip-cont-disc.wpd Case No. 3:08-cv-04372 MEJ