Meyer et al v. City of Clearlake et al

Filing 41

ORDER CONTINUING PRETRIAL DEADLINES. Signed by Judge Maria-Elena James on 12/21/2009. (mejlc1, COURT STAFF) (Filed on 12/21/2009)

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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 January 11, 2010, to February 25, 2010; To continue the deadline for the disclosure of expert witnesses from December 16, 2009,

to January 29, 2010; 3. To continue the deadline for the disclosure of rebuttal expert witnesses from December

23, 2009, to February 10, 2010; -1STIPULATION AND [PROPOSED] ORDER TO CONTINUE PRETRIAL DEADLINES
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4.

To continue the hearing of any dispositive motions from February 25, 2010, at

10:00 a.m., to March 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 parties had originally scheduled plaintiffs' depositions to take place in November

2009. The depositions did not go forward as scheduled due to the illness of counsel for the City of Clearlake defendants, and were thus scheduled for December 17 and 18, 2009, as plaintiffs' counsel had a trial in another matter scheduled for late November 2009. On November 13, 2009, the Court continued the original discovery and dispositive-motion deadlines by approximately one month, thus accommodating this change in schedule; 3. Plaintiff counsel's trial originally scheduled for late November 2009 has been

unexpectedly delayed so that it will still be taking place as of December 17 and 18, 2009, thus rendering plaintiffs' counsel unavailable for the depositions scheduled for those dates; 4. 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
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5.

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: December 16, 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: December 16, 2009. CLARENCE & DYER LLP

By

s/ Craig H. Bessenger KATE DYER CRAIG H. BESSENGER Attorneys for Defendant PACIFIC GAS & ELECTRIC COMPANY

Dated: December 16, 2009.

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

-3STIPULATION AND [PROPOSED] ORDER TO CONTINUE PRETRIAL DEADLINES
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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: December 21, 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 January 11, 2010, to February 25,

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

2009, to January 29, 2010; 3. That the deadline for the disclosure of rebuttal expert witnesses be continued from

December 23, 2009, to February 10, 2010; 4. That the hearing of dispositive motions be continued from February 25, 2010, at , with the

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

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
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