Williams v. City and County of San Francisco et al

Filing 24

ORDER GRANTING 23 Stipulation To Lift Limitations On Discovery And Continue Pre-Trial And Trial Dates. Jury Trial set for 6/13/2011 08:00 AM in Courtroom 11, 19th Floor, San Francisco. Motion Hearing set for 3/11/2011 09:00 AM in Courtroom 11, 19th Floor, San Francisco. Pretrial Conference set for 5/16/2011 02:00 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge JEFFREY S. WHITE on 8/12/10. (jjoS, COURT STAFF) (Filed on 8/12/2010)

Case3:09-cv-05063-JSW Document23

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CURTIS G. OLER, State Bar #63689 LAW OFFICES OF CURTIS G. OLER Post Office Box 15083 San Francisco, California 94115 Telephone: [phone] Facsimile: [phone] Attorney for Plaintiff SHAWN L. WILLIAMS

VINCENT A. HARRINGTON, State Bar #07119 KERIANNE R. STEELE, State Bar #250897 WEINBERG, ROGER & ROSENFELD 1001 Marina Village Parkway, Suite 200 Alameda, CA 94501-1091 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants SEIU LOCAL 1021, GEORGE DIAZ & JONATHAN WRIGHT

DENNIS J. HERRERA, State Bar #139669 City Attorney ELIZABETH SALVESON, State Bar #83788 Chief Labor Attorney RUTH M. BOND, State Bar #214582 Deputy City Attorney Fox Plaza 1390 Market Street, Fifth Floor San Francisco, California 94102-5408 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Defendant CITY AND COUNTY OF SAN FRANCISCO UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SHAWN L. WILLIAMS, Plaintiff, vs. CITY AND COUNTY OF SAN FRANCISCO, HUMAN SERVICES AGENCY, DEPARTMENT OF HUMAN RESOURCES, DEPARTMENT OF AGING AND ADULT SERVICES; SERVICE EMPLOYEES INTERNATIONAL UNION; GEORGE DIAS, Chief Shop Steward, SERVICE EMPLOYEES INTERNATIONAL UNION; JONATHAN WRIGHT, an Agent and Official, SERVICE EMPLOYEES INTERNATIONAL UNION; DOES 1 THROUGH 25, Defendants. Case No. CV 09-5063 JSW STIPULATION AND [PROPOSED] ORDER TO LIFT LIMITATIONS ON DISCOVERY AND CONTINUE PRE-TRIAL AND TRIAL DATES

STIPULATION AND [PROPOSED] ORDER

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Case3:09-cv-05063-JSW Document23

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Plaintiff Shawn L. Williams ("Plaintiff"), Defendant City and County of San Francisco ("City" or "Defendant") and Defendants Service Employees International Union, Local 1021 ("SEIU"), Jonathan Wright ("Wright") and George Diaz ("Wright") hereby submit a stipulation and proposed order. The parties stipulate to the following: 1. 2. The parties jointly request that the Court lift any existing limitations on discovery; All parties jointly request that the pre-trial and trial dates be extended by approximately

three (3) months, as set forth in the proposed order. The parties respectfully submit that there is good cause to make these two requests. With regard to the first request, this Court limited the amount of discovery the parties could conduct prior to the mediation. The parties engaged in mediation on or about July 13, 2010, before the court-appointed mediator Alan R. Berkowitz. The mediation did not result in a settlement agreement. The parties now wish to proceed with discovery. With regard to the second request, the parties are cognizant that the close of non-expert discovery is this Friday, August 13, 2010. Prior to the mediation, Defendants took only the partial deposition of Plaintiff. Defendant City took a partial deposition of Plaintiff on March 23, and April 1, 2010. On April 5, 2010, Defendants SEIU, Wright and Diaz took a partial deposition of Plaintiff. The parties agreed to continue Plaintiff's deposition after the mediation, in the event that the case did not settle. The Defendants now require additional time to complete Plaintiff's deposition. Additionally, all parties require additional time to complete discovery. Defendants anticipate taking the depositions of any relevant experts disclosed by Plaintiff. Defendants also plan to subpoena records from third parties, including the EEOC and DFEH. Defendants may subpoena documents from additional third parties, if necessary, as discovery proceeds in this case. Defendants anticipate depositions of possible third party witnesses identified in Plaintiff's deposition. Plaintiff anticipates taking the depositions of some of Defendants' witnesses identified in initial disclosures. /// ///
STIPULATION AND [PROPOSED] ORDER

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The parties anticipate serving additional written discovery in the form of interrogatories, document requests and requests for admission. IT IS SO STIPULATED: Dated: August 11, 2010 By: /s/ Curtis Oler CURTIS G. OLER LAW OFFICES OF CURTIS G. OLER Attorneys for Plaintiff SHAWN L. WILLIAMS Dated: August 11, 2010 DENNIS J. HERRERA City Attorney ELIZABETH SALVESON Chief Labor Attorney RUTH M. BOND Deputy City Attorney By: /s/ Ruth Bond RUTH M. BOND Attorneys for Defendant CITY AND COUNTY OF SAN FRANCISCO Dated: August 11, 2010 By: /s/ Kerianne R. Steele KERIANNE R. STEELE Weinberg, Roger & Rosenfeld Attorneys for defendants SEIU LOCAL 1021, GEORGE DIAZ & JONATHAN WRIGHT

Having reviewed the stipulations of the parties, and good cause appearing therefore, the Court hereby lifts the existing limitations on discovery and modifies the existing schedules as follows: Jury Trial Date: June 13, 2011, at 8:30 a.m., 10 days May 16 Pretrial Conference: May 17, 2011 at 2:00 p.m. Last Day to Hear Dispositive Motions: March 11, 2011, at 9:00 a.m. Last Day for Expert Discovery: April 11, 2011 Close of Non-Expert Discovery: November 12, 2010
STIPULATION AND [PROPOSED] ORDER

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Further Case Management Conference: ________________. IT IS SO ORDERED. Dated: August 12, 2010 HONORABLE JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE

123399/583549

STIPULATION AND [PROPOSED] ORDER

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