Baires et al v. United States of America et al

Filing 188

ORDER granting 186 STIPULATION WITH PROPOSED ORDER filed by Teofilo Miranda, Dora Baires, 175 STIPULATION WITH PROPOSED ORDER filed by Dora Baires. Signed by Judge Charles R. Breyer on 4/17/2013. (beS, COURT STAFF) (Filed on 4/18/2013)

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1 2 3 4 5 6 7 8 9 REED SMITH LLP A limited liability partnership formed in the State of Delaware 10 11 12 13 14 15 16 17 18 19 20 Jayne E. Fleming (SBN 209026) Email: jfleming@reedsmith.com REED SMITH LLP 101 Second Street, Suite 1800 San Francisco, CA 94105-3659 Telephone: +1 415 543 8700 Facsimile: +1 415 391 8269 Attorneys for Plaintiffs * Additional Attorneys for Plaintiffs on Following Page MELINDA HAAG (SBN 132612) United States Attorney ABRAHAM A. SIMMONS (SBN 14600) Email: Abraham.Simmons@usdoj.gov Assistant United States Attorney 450 Golden Gate Avenue, 9th Floor San Francisco, California 94102-3495 Telephone: (415) 436-7264 Facsimile: (415) 436-6748 Attorneys for Defendant UNITED STATES OF AMERICA * Additional Attorneys for Defendant United States of America, et al. on Following Page THERESA A. GOLDNER, COUNTY COUNSEL COUNTY OF KERN, STATE OF CALIFORNIA By Marshall Scott Fontes Deputy (SBN 139567) Email: mfontes@co.kern.ca.us Administrative Center 1115 Truxtun Avenue, Fourth Floor Bakersfield, California 93301 Telephone: (661) 868-3800 Attorneys for Defendants COUNTY OF KERN, et al. * Additional Attorneys for Defendant County of Kern, et al. on Following Page 21 UNITED STATES DISTRICT COURT 22 NORTHERN DISTRICT OF CALIFORNIA 23 DORA BAIRES, et al., 24 25 26 No.: C 09-05171 CRB Plaintiffs, STIPULATION AND ORDER vs. THE UNITED STATES OF AMERICA; et al., 27 Honorable Charles R. Breyer Defendants. 28 C 09-05171 CRB –1– STIPULATION AND [PROPOSED] ORDER ADDITIONAL COUNSEL FOR PLAINTIFFS 1 2 3 4 5 6 7 8 9 REED SMITH LLP A limited liability partnership formed in the State of Delaware 10 11 12 13 14 15 16 17 18 Steven M. Kohn (SBN 61758) Email: skohn@reedsmith.com Benjamin D. Spohn (SBN266746) Email: bspohn@reedsmith.com Daniel B. Ruby (SBN 281196) Email: druby@reedsmith.com REED SMITH LLP 101 Second Street, Suite 1800 San Francisco, CA 94105-3659 Telephone: +1 415 543 8700 Facsimile: +1 415 391 8269 ADDITIONAL COUNSEL FOR FEDERAL DEFENDANTS Alex Tse (SBN 152348) Chief, Civil Division 450 Golden Gate Avenue, 9th Floor San Francisco, California 94102-3495 ADDITIONAL COUNSEL FOR DEFENDANTS COUNTY OF KERN, ET AL. Robert K. Lawrence, SBN 83600 Email: Lawrence@bjorklaw.com Elizabeth K. Ryan, SBN 117369 Email: eryan@bjorklaw.com Robyn D. Roberts, SBN 136208 Email: rroberts@bjorklaw.com BJORK LAWRENCE 1850 Mt. Diablo Boulevard, Suite 120 Walnut Creek, California 94596 Telephone: (925) 279-1150 Facsimile: (925) 279-1160 19 20 21 22 23 24 25 26 27 28 No. C 09-05171 CRB –2– STIPULATION AND [PROPOSED] ORDER Counsel for Plaintiffs, Defendant United States and defendant Brian Myrick have met and 1 2 conferred regarding the need for a briefing schedule for a motion for summary judgment that will be 3 filed by the Federal defendants seeking dismissal of Plaintiffs’ claims under the FTCA. Because 4 witnesses whose declarations will be submitted in support of the motion could not be made available 5 before the closure of fact discovery, the parties have stipulated as follows: 6 1. The United States will file its motion for summary judgment on or before April 26, 7 2013. The parties stipulate and respectfully request that court permit the page limitations in the local 8 rules to be adjusted such that United States shall have up to 40 pages for its opening brief and 9 plaintiffs shall have up to 40 pages for their opposition. The United States will have up to 20 pages REED SMITH LLP A limited liability partnership formed in the State of Delaware 10 for its reply. 11 2. 12 With the exception of Brian Myrick (if he submits a declaration in connection with 13 the motion filed by the United States), the United States will produce for depositions during the 14 week of May 20, 2012, the witnesses whose declarations or affidavits support its motion for 15 summary judgment. 16 3. Plaintiffs will file their opposition to the motion for summary judgment no later than 17 June 3, 2013. 18 4. 19 The settlement conference scheduled for June 5, 2013 with Magistrate Judge La Porte 20 will be continued to a date convenient for all counsel and to the Court. The parties request that the 21 conference take place during the week of June 17, 2013 or as soon thereafter as is practicable for 22 Magistrate Judge Laporte. 23 5. 24 25 conference. 26 ///// 27 ///// 28 The due date for the reply brief of the United States will be after the settlement ///// No. C 09-05171 CRB –3– STIPULATION AND [PROPOSED] ORDER 1 2 6. Defendant Myrick may file his motion for summary judgment, if any, in accordance with the previously-established deadlines set by the court or earlier, if he chooses to do so. 3 4 IT IS SO STIPULATED. 5 6 DATED: April 12, 2013. 7 REED SMITH LLP 8 By 9 REED SMITH LLP A limited liability partnership formed in the State of Delaware 10 11 /s/ Steven M. Kohn Steven M. Kohn Attorneys for Dora Baires, individually, and on behalf of the estate of Juan Carlos Baires; and Teofilo Miranda DATED: April 12, 2013. 12 MELINDA HAAG, United States Attorney 13 14 By 15 /s/ Abraham A. Simmons Abraham A. Simmons, Assistant U.S. Attorney Attorneys for Federal Defendants 16 17 DATED: April 12, 2013. THERESA A. GOLDNER, County Counsel 18 19 By 20 21 22 /s/ Marshall Scott Fontes Marshall Scott Fontes, Deputy (as authorized on February 21, 2013) Attorneys for Defendant County of Kern, et al. DATED: April 12, 2013. 23 BJORK LAWRENCE 24 25 By 26 /s/ Robert Lawrence Robert Lawrence Attorneys for Defendant County of Kern, et al. 27 28 No. C 09-05171 CRB –4– STIPULATION AND [PROPOSED] ORDER IT IS SO ORDERED. 2 DATED: April 17, 2013. UNIT ED 4 ER H 9 10 REED SMITH LLP harle Judge C N F D IS T IC T O R 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 No. C 09-05171 CRB FO RT 8 yer s R. Bre NO 7 LI 6 O IT IS S R NIA The Honorable Charles R. Breyer E United States District CourtD ORDER Judge 5 A limited liability partnership formed in the State of Delaware S DISTRICT TE C TA RT U O S 3 A 1 –5– STIPULATION AND [PROPOSED] ORDER C

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