Contest Promotions, LLC v. City of San Francisco et al

Filing 82

ORDER continuing trial schedule (tf, COURT STAFF) (Filed on 3/1/2011)

Contest Promotions, LLC v. City of San Francisco et al

Doc. 82

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JEFFER MANGELS BUTLER & MITCHELL LLP BENJAMIN M. REZNIK (Bar No. 72364) [e-mail] MATTHEW D. HINKS (Bar No. 200750) [e-mail] AMY LERNER HILL (Bar No. 216288) [e-mail] 1900 Avenue of the Stars, Seventh Floor Los Angeles, California 90067-4308 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff CONTEST PROMOTIONS, LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA CONTEST PROMOTIONS, LLC, a California limited liability company, Plaintiff, v. CITY OF SAN FRANCISCO, a municipal corporation; COUNTY OF SAN FRANCISCO, a subdivision of the State of California; CITY AND COUNTY OF SAN FRANCISCO, a chartered California city and county; and DOES 1 through 10, inclusive, Defendants. CASE NO. CV 09-4434 SI STIPULATION FOR BRIEF STAY OF LITIGATION PENDING SETTLEMENT DISCUSSIONS AND FOR CONTINUANCE OF PRETRIAL DATES; [PROPOSED] ORDER

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Stipulation to Continue Dates

Dockets.Justia.com

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STIPULATION 1. Pursuant to Fed. R. Civ. Proc. 16 and the Local Rules of this Court, plaintiff Contest Promotions, LLC and defendant City and County of San Francisco (collectively, the "parties"), through their respective counsel of record, respectfully submit the following stipulation requesting a minor extension of the pretrial dates. 2. The purpose of this stipulation is to effectuate an agreement

reached between the parties for a temporary stand down of the litigation while the parties explore settlement talks. The agreement was reached in the evening on Wednesday, February 23, 2011, after an exchange of settlement correspondence. That correspondence makes the parties hopeful that a settlement can be reached in this matter in short order. While the parties cannot guarantee that a settlement will ultimately be reached, their settlement discussions have progressed far enough to make a brief stand down period make sense to allow the parties to complete their discussions and, at the same time, avoid the expense of litigation. 3. This is a very active period for this litigation. Depositions are

underway and many more depositions were scheduled to take place prior to the close of fact discovery on March 4, 2011. Even prior to the agreement for a temporary stand down, the parties were already contemplating the necessity of seeking relief from the March 4 fact discovery cut-off to allow for the completion of percipient witness depositions in the two weeks after March 4. 4. The parties' temporary stand down agreement provides that

there shall be no further litigation activity until March 11, 2011. The parties contemplate that a two-week stand down period is necessary to explore the current settlement opportunity. 5. To effectuate the stand down agreement, the parties

respectfully request an adjustment in the current pre-trial schedule, as follows:

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Stipulation to Continue Dates

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CURRENT DATES: Non-Expert Discovery Cut-Off: March 4, 2011 Designation of Experts: March 18, 2011 Designation of Rebuttal Experts: April 1, 2011 Expert Discovery Cut-Off: April 15, 2011 Dispostive Motions, Filed: May 20, 2011 Dispotive Motions, Oppositions Filed: June 3, 2011 Dispositive Motions, Reply Filed: June 10, 2011 Dispositve Motions, Hearing: June 24, 2011 at 9:00 a.m. Pretrial Conference: July 26, 2011 at 3:30 p.m. Trial : August 8, 2011 at 8:30 a.m. PROPOSED NEW DATES: Non-Expert Discovery Cut-Off: April 8, 2011 Designation of Experts: April 22, 2011 Designation of Rebuttal Experts: May 6, 2011 Expert Discovery Cut-Off: May 13, 2011 Dispostive Motions, Filed: June 10, 2011 Dispotive Motions, Oppositions Filed: June 24, 2011 Dispositive Motions, Reply Filed: July 1, 2011 Dispositve Motions, Hearing: July 15, 2011 at 9:00 a.m. Pretrial Conference: August 16, 2011 at 3:30 p.m. Trial : August 29, 2011 at 8:30 a.m.
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6.

There is good cause to continue the pretrial dates as described

above because it will allow the parties to explore the current settlement opportunity and, at the same time, avoid litigation costs. The parties believe that a brief stand
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down period is necessary for productive settlement talks. IT IS SO STIPULATED. DATED: February 28, 2011 JEFFER MANGELS BUTLER & MITCHELL LLP BENJAMIN M. REZNIK MATTHEW D. HINKS AMY LERNER HILL

By:

/s/ Matthew D. Hinks MATTHEW D. HINKS Attorneys for Plaintiff CONTEST PROMOTIONS, LLC

DATED: February 28, 2011

DENNIS J. HERRERA KRISTEN A. JENS THOMAS S. LAKRITZ VICTORIA WONG

By: /s/ Thomas S. Lakritz THOMAS S. LAKRITZ Attorneys for Defendant CITY AND COUNTY OF SAN FRANCISCO

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Stipulation to Continue Dates

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[PROPOSED] CASE MANAGEMENT ORDER The parties' Stipulation for Brief Stay of Litigation Pending Settlement Discussions and for Continuance of Pretrial Dates is hereby adopted by the Court as the Case Management Order for the case and the parties are ordered to comply with this Order.

IT IS SO ORDERED:
2/28/11 Dated:______________________

By:

HONORABLE SUSAN ILLSTON United States District Court Judge

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Stipulation to Continue Dates

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ATTESTATION CLAUSE I, Matthew Hinks, hereby attest in accordance with General Order No. 45.X that Thomas S. Lakrtiz, Counsel for Defendant City and County of San Francisco, has provided his concurrence with the electronic filing of the foregoing document entitled STIPULATION FOR BRIEF STAY OF LITIGATION PENDING SETTLEMENT DISCUSSIONS AND FOR CONTINUANCE OF PRETRIAL DATES; [PROPOSED] ORDER. DATED: February 28, 2011 By: /s/ Matthew D. Hinks MATTHEW D. HINKS Attorneys for Plaintiff CONTEST PROMOTIONS, LLC.

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Stipulation to Continue Dates