Doherty v. City of Alameda et al

Filing 118

STIPULATION AND ORDER re 116 Stipulation to Continue Discovery Cut-off and Related Deadlines, filed by John M. Doherty. Discovery due by 3/20/2012. Motions due by 3/30/2012.Signed by Judge Elizabeth D Laporte on 1/17/2012. (kns, COURT STAFF) (Filed on 1/18/2012)

Case3:09-cv-04961-EDL Document116 Filed01/13/12 Page1 of 4

1
2
3

Raymond E. Loughrey (SBN 194363)
THE LAW OFFICES OF RAYMOND E. LOUGHREY
101 California Street, Suite 2450
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]

4
5

Attorneys for Plaintiff and Counterclaim Defendant
JOHN DOHERTY

6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
11

JOHN DOHERTY,

12
13
14
15
16

Plaintiff,
v.
CITY OF ALAMEDA AND CITY OF
ALAMEDA HOUSING AND BUILDING
CODE HEARING AND APPEALS BOARD,

Case No. CV09 4961 EDL
ORDER ON
JOINT STIPULATION FOR AN
ORDER TO CONTINUE DISCOVERY
CUT-OFF AND RELATED
DEADLINES

Defendants.
______________________________________

17
CITY OF ALAMEDA,
18
Counterclaimant,
19
v.
20
JOHN DOHERTY and DOES 1-15, inclusive,
21
Counterclaim-defendants.
22
23

IT IS HEREBY STIULATED by and between plaintiff JOHN DOHERTY (“Plaintiff”)

24

and defendants CITY OF ALAMEDA and CITY OF ALAMEDA HOUSING AND BUILDING

25

CODE HEARING AND APPEALS BOARD (“Defendants”), by and through their attorneys of

26

record, pursuant to Civil Local Rules 6-2 and 7-12, that the parties request that the Court continue

27

the discovery cut-off date and related deadlines based on the following:

28
JOINT STIPULATION TO CONTINUE FACT DISCOVERY
CUT-OFF DATE AND RELATED DEADLINES
Case No. CV09 4961 EDL

1

Printed on Recycled Paper

Case3:09-cv-04961-EDL Document116 Filed01/13/12 Page2 of 4

1

1.

On September 19, 2011, the Court issued an Order Granting Stipulated

2

Administrative Motion of the Parties (Docket No. 109) in which the Court (1) set a Further Case

3

Management Conference for October 18, 2011; (2) granted Plaintiff 30 days to obtain counsel; (3)

4

set the fact discovery cut-off date for January 20, 2012; (4) set the deadline for dispositive motions

5

for January 31, 2012 with a hearing date of March 6, 2012; and (5) left open a trial date, expert

6

disclosure deadlines, and all other matters following the Court’s decision on dispositive motions.

7

(Loughrey Decl., ¶ 2.)

8
9
10
11

2.

On October 12, 2011, the Court issued an Order (Docket No. 114) vacating the

Case Management Conference set for October 18, 2011, and ordered that the parties abide by the
deadlines set in the Court’s September 29, 2011 Order. (Loughrey Decl., ¶ 3.)
3.

On or about October 31, 2011, Plaintiff retained counsel, the Law Offices of

12

Raymond E. Loughrey, to represent him in this matter. Attorney Loughrey filed a Notice of

13

Appearance on October 31, 2011 (Docket No. 115). (Loughrey Decl., ¶ 4.)

14

4.

Since that time, Plaintiff’s counsel has worked diligently to bring himself up to

15

speed on this case, which has been pending for several years in both State and Federal courts, and

16

to understand the relevant legal and factual issues. (Loughrey Decl., ¶ 5.)

17

5.

Counsel for the parties have worked together to move this case forward. They have

18

engaged in telephonic meetings, and have cooperated in ensuring that written discovery proceeds

19

smoothly. To that end, Plaintiff already responded to Defendant’s First Set of Interrogatories and

20

First Request for Production of Documents on January 6, 2012 and January 10, 2012, respectively.

21

Defendants will be responding to Plaintiff’s First Set of Interrogatories and First Request for

22

Production of Documents by January 20, 2012. (Loughrey Decl., ¶ 6.)

23

6.

Counsel for the parties also have cooperated in scheduling the deposition of

24

Plaintiff, currently set for January 18, 2012. However, due to his recent retention and because

25

Defendants will not be responding to Plaintiff’s discovery demands until January 20, 2012,

26

Plaintiff has not yet been able to schedule any depositions of key witnesses. Evaluating the case

27

and the themes of litigation cannot be adequately completed within the information from these

28
JOINT STIPULATION TO CONTINUE FACT DISCOVERY
CUT-OFF DATE AND RELATED DEADLINES
Case No. CV09 4961 EDL

2

Printed on Recycled Paper

Case3:09-cv-04961-EDL Document116 Filed01/13/12 Page3 of 4

1

depositions. As such, an extension of time is necessary for Plaintiff to effectively prepare his case.

2

(Loughrey Decl., ¶ 7.)

3

7.

The parties are mindful of and certainly respect the Court’s prior order regarding

4

discovery and related deadlines, and have met and conferred about scheduling. The parties believe

5

continuing the discovery cut-off and related deadlines is necessary for effective preparation of

6

trial. This continuation of the discovery cut-off and related deadlines will not affect the trial date,

7

as none has been set. (Loughrey Decl., ¶ 8.)

8
9
10

8.

Pursuant to Rule 16(b)(4), good cause exists for the Court to modify its September

19, 2011 Order and continue the fact discovery cut-off and related deadlines.
9.

Based on the foregoing, the parties respectfully request that this Court continue the

11

fact discovery cut-off date from January 20, 2012 to March 20, 2012, and the dispositive motion

12

deadline from January 31, 2012 to March 30, 2012.

13

DATED: January 12, 2012

14

By___________________/s/_____________________
Raymond E. Loughrey

15

THE L AW OFFICES OF RAYMOND E. LOUGHREY
Attorneys for Plaintiff/Counterclaim Defendant
JOHN DOHERTY

16
17
18

DATED: January 12, 2012

19

By__________________/s/_____________________
Gregory M. Fox

20

BERTRAND, FOX & ELLIOTT
Attorneys for Defendant/Counterclaimant
CITY OF ALAMEDA

21
22
23
24
25
26
27

DATED: January 12, 2012
By__________________/s/______________________
Laura E. Zagaroli
OFFICE OF THE CITY ATTORNEY, CITY OF ALAMEDA
Attorneys for Defendant/Counterclaimant
CITY OF ALAMEDA

28
JOINT STIPULATION TO CONTINUE FACT DISCOVERY
CUT-OFF DATE AND RELATED DEADLINES
Case No. CV09 4961 EDL

3

Printed on Recycled Paper

Case3:09-cv-04961-EDL Document116 Filed01/13/12 Page4 of 4

1

PURSUANT TO STIPULATION, IT IS SO ORDERED. IT IS FURTHER ORDERED that the

2

hearing on dispositive motions will be held on April 17, 2012 at 9:00 a.m.

3
4

17
Dated: January _______, 2012

___________________________________________
ELIZABETH D. LAPORTE
United States Magistrate Judge

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
JOINT STIPULATION TO CONTINUE FACT DISCOVERY
CUT-OFF DATE AND RELATED DEADLINES
Case No. CV09 4961 EDL

4

Printed on Recycled Paper