Park Village Apartments Tenants Association et al v. Mortimer Howard Trust et al

Filing 96

STIPULATION AND ORDER re 94 STIPULATION of Joint Request to Modify Trial Preparation and Trial Dates filed by Shirley Smith, Lawrence Lee, Cornelius Weekley, Foster Reuben, Patricia Johnson, Alison Wright, Anahid Issahakian, William Foster, Martin Koch, Park Village Apartments Tenants Association, Maria Lillian Sanchez. Discovery due by 8/14/2012. Dispositive Motions due by 8/28/2012. Jury Selection set for 1/14/2013 08:30 AM in Courtroom E, 15th Floor, San Francisco befo re Magistrate Judge Elizabeth D. Laporte. Jury Trial set for 1/14/2013 through 1/16/2013 08:30 AM in Courtroom E, 15th Floor, San Francisco before Magistrate Judge Elizabeth D. Laporte. Signed by Judge Elizabeth D Laporte on 6/11/2012. (kns, COURT STAFF) (Filed on 6/11/2012)

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BAY AREA LEGAL AID
LISA GREIF, State Bar No. 214537
NAOMI YOUNG, State Bar No. 105041
ROBERT P. CAPISTRANO, State Bar No. 70382
1735 Telegraph Avenue
Oakland, California 94612
Telephone: [phone]
Facsimile: 510-663-4740
Email: [e-mail]
[e-mail]
[e-mail]
NATIONAL HOUSING LAW PROJECT
JAMES R. GROW, State Bar No. 83548
KENT QIAN, State Bar No. 264944
703 Market St. Suite 2000
San Francisco, CA 94103
Telephone: [phone]
Facsimile: 415-546-7007
Email: [e-mail]
[e-mail]
Attorneys for Plaintiffs PARK VILLAGE APARTMENTS TENANTS
ASSOCIATION, FOSTER, et al.
E-FILED

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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PARK VILLAGE APARTMENTS
TENANTS ASSOCIATION, WILLIAM
FOSTER, SHIRLEY SMITH, ANAHID
ISSAHAKIAN, PATRICIA JOHNSON,
MARTIN KOCH, LAWRENCE LEE,
FOSTER REUBEN, MARIA LILLIAN
SANCHEZ, ALISON WRIGHT and
CORNELIUS WEEKLEY,

Case No. C-09-4780 EDL
STIPULATION TO MODIFY
TRIAL PREPARATION
SCHEDULE AND TRIAL;
[PROPOSED] ORDER AS
MODIFIED

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Plaintiffs,

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v.

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MORTIMER HOWARD TRUST,
MORTIMER R. HOWARD,

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Defendants.

Request to Modify Trial Preparation Schedule and Trial; [Proposed] Order (C-09-4780EDL)

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Pursuant to Federal Rule of Civil Procedure 16(b)(4), Plaintiffs, PARK VILLAGE

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APARTMENT TENANTS ASSOCIATION, et al. (Plaintiffs) and Defendants, MORTIMER

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HOWARD TRUST and MORTIMER HOWARD (Defendants), in the above-entitled action, by and

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through respective counsel, hereby request that the

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Jury Trial dated January 25, 2012 (Document #85) be modified to accommodate the ongoing

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settlement discussions between the parties. The current Order establishes the following schedule:

Case Management and Pretrial Order for

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Non-expert discovery cut-off:

June 12, 2012

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Initial expert disclosure deadline:

July 31, 2012

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Rebuttal expert disclosure:

August 31, 2012

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Expert discovery cut-off:

September 14, 2012

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Dispositive motion filing deadline:

June 26, 2012

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Hearing of dispositive motions:

July 31, 2012

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Pre-trial conference:

October 30, 2012 at 2:00 p.m.

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Trial:

November 19, 2012 at 8:30 a.m.

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A Settlement Conference is currently scheduled for June 22, 2012 at 9:30 a.m. with

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Magistrate Judge Beeler. Three continuances of the Settlement Conference have been granted by the

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Court in recognition of the parties continuing progress toward a negotiated settlement. In an effort

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to continue the discussions and build on the progress already made, the parties are also requesting in

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a separately filed request that the currently scheduled settlement conference be continued.

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The parties have engaged in productive settlement negotiations for the past 60 days and are
in the process of drafting a settlement agreement and other documents. In order to continue the
substantial progress made to date, the parties propose the following modification of the trial
preparation and trial schedule:
Non-expert discovery cut-off:

August 14, 2012

Initial expert disclosure deadline:

September 28, 2012

Rebuttal expert disclosure:

October 12, 2012

Expert discovery cut-off:

October 31, 2012

Dispositive motion filing deadline:

August 28, 2012

Request to Modify Trial Preparation Schedule and Trial; [Proposed] Order (C-09-4780EDL)

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Hearing of dispositive motions:

October 2, 2012

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Pre-trial conference:

December 18, 2012 at 2:00 p.m

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Trial:

January 14, 2013 at 8:30 a.m.

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RESPECTFULLY SUBMITTED,
BAY AREA LEGAL AID
Lisa S. Greif
Naomi Young
Robert Capistrano

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NATIONAL HOUSING LAW PROJECT
James R. Grow
Kent Qian

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Dated: June 8, 2012

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SWIHART AND ASSOCIATES
Thomas Swihart

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/s/ Lisa S. Greif
Lisa S. Greif
Attorneys for Plaintiffs

Dated: June 8, 2012

/s/ Thomas M. Swihart
Thomas M. Swihart
Attorneys for Defendants

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Request to Modify Trial Preparation Schedule and Trial; [Proposed] Order (C-09-4780EDL)

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I hereby attest that I have on file all holograph signatures for any signatures indicated
by a "conformed" signature (/s/) within this efiled document.

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Dated: June 8, 2012
By: /s/ Lisa S. Greif
LISA S. GREIF
Attorneys for Plaintiffs

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ORDER

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Good cause appearing therefore, IT IS SO ORDERED.

RT

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zabeth
udge Eli

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D. Lapo

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R NIA

NO

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DERED

O OR
____________________________________
IT IS S
DIFIED
UNITED STATES MAGISTRATE JUDGE
AS MO
FO

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DATED: June 11, 2012

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Request to Modify Trial Preparation Schedule and Trial; [Proposed] Order (C-09-4780EDL)

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