Montenegro v. Wan Hai Lines (Singapore) PTE LTD

Filing 37

ORDER GRANTING re 36 Stipulation and Order Setting Certain Pretrial Deadlines filed by Wan Hai Lines (Singapore) PTE LTD. Signed, as modified, by Judge Joseph C. Spero on 5/10/11. (klhS, COURT STAFF) (Filed on 5/10/2011)

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1 2 3 4 5 6 7 8 10 Attorneys for Plaintiff ERIC MONTENEGRO James B. Nebel/State Bar No.69626 FLYNN, DELICH & WISE LLP 343 Sansome Street, Suite 540 San Francisco, California 94104 Telephone: 415-693-5566 Facsimile: 415-693-0410 Attorneys for Defendant WAN HAI LINES (SINGAPORE) PTE LTD. 11 UNITED STATES DISTRICT COURT 12 (562) 435-2626 ATTORNEYS AT LAW ONE WORLD TRADE CENTER, SUITE 1800 LONG BEACH, CALIFORNIA 90831-1800 FLYNN, DELICH & WISE LLP 9 Patrick B. Streb/State Bar No. 116555 WELTIN, STREB & WELTIN 1432 Martin Luther King Jr. Way Oakland, CA 94612 Telephone: 510-251-6060 Facsimile: 510-251-6040 NORTHERN DISTRICT OF CALIFORNIA 13 14 15 16 17 18 19 20 21 22 ) ) ) Plaintiff, ) ) ) vs. ) ) ) WAN HAI LINES (SINGAPORE) PTE LTD., ) et al., ) ) , ) ) Defendants. ) ______________________________________ ERIC MONTENEGRO, Case No.: C 10-000581 JCS STIPULATION AND [PROPOSED] ORDER SETTING CERTAIN PRETRIAL DATES 23 24 At the Case Management Conference that was held on April 22, 2011, the Court set this 25 matter for jury trial to commence on February 6, 2012 at 8:30 a.m. in Courtroom A, 15th Floor. 26 The Court also directed the parties to stipulate as to certain other pretrial dates and to submit a 27 proposed Order. 28 _____________________________________________________________________________________________________ -1- STIPULATION AND [PROPOSED] ORDER SETTING CERTAIN PRETRIAL DATES 1 Accordingly, the parties to this action, plaintiff ERIC MONTENEGRO, and defendant, 2 WAN HAI LINES (SINAGAPORE) PTE LTD., by and through their counsel of record, stipulate 3 and request the Court to enter an Order as follows. 4 DISCOVERY 5 1. All non-expert discovery shall be completed by October 1, 2011. 6 2. All expert disclosures required by Federal Rules of Civil Procedure shall be made by 7 October 15, 2011. Expert rebuttal disclosures shall be completed by November 5, 8 2011. counsel for defendant shall meet and confer in person regarding the subject matter of 11 the motion(s) in an effort to resolve these matters. After attempting other means to 12 confer on the issue (i.e., letter, phone call, e-mail) any party may demand such a (562) 435-2626 3. In lieu of filing formal discovery motions, lead trial counsel for plaintiff and lead trial 10 ATTORNEYS AT LAW ONE WORLD TRADE CENTER, SUITE 1800 LONG BEACH, CALIFORNIA 90831-1800 FLYNN, DELICH & WISE LLP 9 13 meeting on ten (10) business days’ notice. The location of the meeting will alternate 14 with the first location selected by counsel for plaintiff, the second by counsel for 15 defendant, etc. Within five (5) business days of the lead trial counsel’s meet-and- 16 confer session, the parties shall provide a detailed joint letter to the Court. This joint 17 letter shall include a description of every issue in dispute and, with respect to each such 18 issue, a detailed summary of each party’s final substantive position and their final 19 proposed compromise on each issue. Upon receipt of the joint letter, the Court will 20 determine what future proceedings are necessary. 21 MOTIONS 23 4. All dispositive motions shall be served and filed not less than thirty-five (35) days prior 1:30 p.m. to the scheduled hearing date of November 18, 2011, at 9:30 a.m. Any opposition 24 shall be served and filed no later than twenty-one (21) days prior to the hearing date. 25 Any reply to the opposition shall be served and filed no later than fourteen (14) days 26 prior to the date of the hearing. 27 With respect to motions for summary judgment, parties shall follow the procedure’s 22 28 outlined in Judge Spero’s standing Order. _____________________________________________________________________________________________________ -2- STIPULATION AND [PROPOSED] ORDER SETTING CERTAIN PRETRIAL DATES 1 2 3 4 PRETRIAL CONFERENCE 5. A Final Pretrial Conference shall be held on January 27, 2012, at 1:30 p.m., in Courtroom A, 15th Floor. Each party shall attend by lead trial counsel. Dated: May 5, 2011 WELTIN, STREB & WELTIN LLP 5 /s/ Patrick B. Streb By __________________________ Patrick B. Streb Attorneys for Plaintiff ERIC MONTENEGRO 6 7 8 9 FLYNN, DELICH & WISE LLP /s/ James B. Nebel By __________________________ James B. Nebel Attorneys for Defendant WAN HAI LINES (SINGAPORE) PTE LTD. 11 12 (562) 435-2626 13 14 [PROPOSED] ORDER 15 16 The Court adopts the parties’ stipulated schedule. 17 SO ORDERED. 19 S RT U O 18 S DISTRICT TE C TA UNIT ED 21 UNITED STATES MAGISTRATE JUDGE Spero seph C. LI ER FO Judge Jo H 24 RT 23 NO 22 R NIA 20 DERED SO OR ED IT IS DIFI AS MO ___________________________________ 10 Dated: May __, 2011 A ATTORNEYS AT LAW ONE WORLD TRADE CENTER, SUITE 1800 LONG BEACH, CALIFORNIA 90831-1800 FLYNN, DELICH & WISE LLP Dated: May 5, 2011 10 N F D IS T IC T O R C 25 26 27 28 _____________________________________________________________________________________________________ -3- STIPULATION AND [PROPOSED] ORDER SETTING CERTAIN PRETRIAL DATES

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