Turner v. Lafond et al

Filing 51

STIPULATION AND ORDER extending close of discovery to 7/12/2010 and modifying briefing schedules on motions for summary judgment; Signed by Judge Marilyn Hall Patel on 5/27/2010. (awb, COURT STAFF) (Filed on 5/28/2010)

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KEKER & VAN NEST, LLP DANIEL PURCELL (SB # 191424) AJAY S. KRISHNAN (SB# 222476) DANIEL K. NAZER (SB# 257380) 710 Sansome Street San Francisco, CA 94111-1704 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs Derek E. Turner and Mari Toban Blome

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

DEREK E. TURNER and MARI TOBAN BLOME, Plaintiffs, v. KRIS LAFOND; MEG PLANKA; DANIEL SCHNEIDER; CALIFORNIA HIGHWAY PATROL COMMISSIONER J.A. FARROW; THE GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT and Does 1 through 20, Defendants.

Case No. 3:09-cv-00683-MHP STIPULATION EXTENDING CLOSE OF DISCOVERY AND CONTINUING SUMMARY JUDGMENT BRIEFING SCHEDULE PURSUANT TO CIV. L. R. 6-1

STIPULATION EXTENDING CLOSE OF DISCOVERY AND CONTINUING SUMMARY JUDGMENT BRIEFING SCHEDULE PURSUANT TO CIV. L. R. 6-1
496282.02

CASE NO. 3:09-cv-00683-MHP

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Pursuant to Civil Local Rules 6-1(b) and 7-12, Plaintiffs Derek E. Turner and Mari Toban Blome ("Plaintiffs") and Defendants Kris Lafond, Margaret Planka, Daniel Schneider, the California Highway Patrol Commissioner J.A. Farrow, and The Golden Gate Bridge Highway and Transportation District (collectively the "Parties"), hereby stipulate to the following: WHEREAS, Plaintiff Derek E. Turner filed his initial complaint in this proceeding on February 17, 2009; WHEREAS, Plaintiffs Derek E. Turner and Mari Toban Blome filed their First Amended Complaint on October 13, 2009; WHEREAS, there has been only one prior time modification in this case whereby, pursuant to a stipulation, the Court continued the hearing on Plaintiff Derek E. Turner's Motion for Leave to File First Amended Complaint for one week from 2:00 p.m. on September 21, 2009 to 3:00 p.m. on September 28, 2009 so that it could be heard concurrently with an already scheduled case management conference; WHEREAS, at a case management conference on January 11, 2010, the Court ordered

1) CIC Witness list by May 17, 2010; 2) Expert Designation/Final Reports by May 17, 2010; 3) Completion of all discovery by June 14, 2010; 4) Summary Judgment motions to be filed by July 26, 2010; 5) Oppositions to be filed by August 16, 2010; 6) Replies to be filed by August 23, 2010; 7) Motions to be heard 2:00 p.m. on September 13, 2010; WHEREAS, the Parties have been diligently conducting discovery in this case pursuant to the Court's schedule and the Defendants have designated four expert witness; WHEREAS, the Parties agree that, in the interests of fairness and efficiency, and in light of the large volume of electronic discovery in this case and the need for multiple expert depositions, the deadline for the close of all discovery in this case should be extended until July 1
STIPULATION EXTENDING CLOSE OF DISCOVERY AND CONTINUING SUMMARY JUDGMENT BRIEFING SCHEDULE PURSUANT TO CIV. L. R. 6-1

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12, 2010. WHEREAS, the Parties also agree that, the purpose of the extended deadline for close of discovery is to permit the completion of existing discovery, and not for the purpose of propounding new discovery that could not have been propounded under the current discovery cut-off. As such, for purposes of determining whether discovery was timely propounded, absent mutual consent, the original deadline of June 14, 2010 will apply. WHEREAS, the Parties agree that, to accommodate the extension in the discovery schedule, the deadlines for summary judgment motions should be extended by four weeks. NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the Parties, through their respective attorneys, that pursuant to Northern District Civil Local Rule 6-1(a) that: 1) The deadline for completion of all discovery be extended to July 12, 2010; 2) For purposes of determining whether discovery was timely propounded, absent mutual consent, the original discovery deadline of June 14, 2010 shall apply; 2) Summary Judgment motions to be filed by August 23, 2010; 3) Oppositions to be filed by September 13, 2010; 4) Replies to be filed by September 20, 2010; 5) Motions to be heard 2:00 p.m. on October 18, 2010.

DATED: May 26, 2010

KEKER AND VAN NEST LLP

_______________ By _/s/ Daniel Nazer DANIEL PURCELL AJAY S. KRISHAN DANIEL K. NAZER Attorneys For Plaintiffs DEREK E. TURNER and MARI TOBAN BLOME

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DATED: May 26, 2010

OFFICE OF THE ATTORNEY GENERAL OF CALIFORNIA

By _/s/ John Devine___________________ EDMUND G. BROWN PAUL T. HAMMERNESS JOHN P. DEVINE Attorneys For Defendants CHP OFFICERS KRIS LAFOND, MARGARET PLANKA, and DANIEL SCHNEIDER Filer's Attestation: Pursuant to General Order No. 45, Section X.B. regarding nonfiling signatories, Daniel K. Nazer hereby attests that concurrence in the filing of this stipulation has been obtained by John P. Devine DATED: May 26, 2010 HANSON BRIDGETT LLP

By: /s/ Julie Veit KIMON MANOLIUS JULIA H. VEIT SOPHIA B. BELLOI MARGARET E. COHEN Attorneys for Defendant GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT Filer's Attestation: Pursuant to General Order No. 45, Section X.B. regarding nonfiling signatories, Daniel K. Nazer hereby attests that concurrence in the filing of this stipulation has been obtained by Julia H. Veit

5/27/2010

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: May ___, 2010

MARILYN HALL PATEL United States District Court Judge

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CASE NO. 3:09-cv-00683-MHP