Baires et al v. United States of America et al
Filing
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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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REED SMITH LLP
A limited liability partnership formed in the State of Delaware
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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
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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DORA BAIRES, et al.,
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No.: C 09-05171 CRB
Plaintiffs,
STIPULATION AND ORDER
vs.
THE UNITED STATES OF AMERICA; et al.,
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Honorable Charles R. Breyer
Defendants.
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C 09-05171 CRB
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STIPULATION AND [PROPOSED] ORDER
ADDITIONAL COUNSEL FOR PLAINTIFFS
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REED SMITH LLP
A limited liability partnership formed in the State of Delaware
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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
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No. C 09-05171 CRB
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STIPULATION AND [PROPOSED] ORDER
Counsel for Plaintiffs, Defendant United States and defendant Brian Myrick have met and
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conferred regarding the need for a briefing schedule for a motion for summary judgment that will be
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filed by the Federal defendants seeking dismissal of Plaintiffs’ claims under the FTCA. Because
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witnesses whose declarations will be submitted in support of the motion could not be made available
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before the closure of fact discovery, the parties have stipulated as follows:
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1.
The United States will file its motion for summary judgment on or before April 26,
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2013. The parties stipulate and respectfully request that court permit the page limitations in the local
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rules to be adjusted such that United States shall have up to 40 pages for its opening brief and
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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
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for its reply.
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2.
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With the exception of Brian Myrick (if he submits a declaration in connection with
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the motion filed by the United States), the United States will produce for depositions during the
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week of May 20, 2012, the witnesses whose declarations or affidavits support its motion for
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summary judgment.
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3.
Plaintiffs will file their opposition to the motion for summary judgment no later than
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June 3, 2013.
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4.
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The settlement conference scheduled for June 5, 2013 with Magistrate Judge La Porte
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will be continued to a date convenient for all counsel and to the Court. The parties request that the
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conference take place during the week of June 17, 2013 or as soon thereafter as is practicable for
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Magistrate Judge Laporte.
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5.
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conference.
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/////
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The due date for the reply brief of the United States will be after the settlement
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No. C 09-05171 CRB
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STIPULATION AND [PROPOSED] ORDER
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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.
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IT IS SO STIPULATED.
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DATED: April 12, 2013.
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REED SMITH LLP
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By
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REED SMITH LLP
A limited liability partnership formed in the State of Delaware
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/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.
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MELINDA HAAG, United States Attorney
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By
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/s/ Abraham A. Simmons
Abraham A. Simmons, Assistant U.S. Attorney
Attorneys for Federal Defendants
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DATED: April 12, 2013.
THERESA A. GOLDNER, County Counsel
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By
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/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.
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BJORK LAWRENCE
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By
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/s/ Robert Lawrence
Robert Lawrence
Attorneys for Defendant County of Kern, et al.
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No. C 09-05171 CRB
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STIPULATION AND [PROPOSED] ORDER
IT IS SO ORDERED.
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DATED: April 17, 2013.
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No. C 09-05171 CRB
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The Honorable Charles R. Breyer
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ORDER Judge
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A limited liability partnership formed in the State of Delaware
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STIPULATION AND [PROPOSED] ORDER
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