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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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: [phone]
Facsimile: 415-693-0410
Attorneys for Defendant
WAN HAI LINES (SINGAPORE) PTE LTD.

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UNITED STATES DISTRICT COURT

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[phone]

ATTORNEYS AT LAW
ONE WORLD TRADE CENTER, SUITE 1800
LONG BEACH, CALIFORNIA 90831-1800

FLYNN, DELICH & WISE LLP

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Patrick B. Streb/State Bar No. 116555
WELTIN, STREB & WELTIN
1432 Martin Luther King Jr. Way
Oakland, CA 94612
Telephone: [phone]
Facsimile: 510-251-6040

NORTHERN DISTRICT OF CALIFORNIA

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)
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Plaintiff,
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vs.
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WAN HAI LINES (SINGAPORE) PTE LTD., )
et al.,
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,
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Defendants.
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______________________________________
ERIC MONTENEGRO,

Case No.: C 10-000581 JCS

STIPULATION AND [PROPOSED]
ORDER SETTING CERTAIN PRETRIAL
DATES

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At the Case Management Conference that was held on April 22, 2011, the Court set this

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matter for jury trial to commence on February 6, 2012 at 8:30 a.m. in Courtroom A, 15th Floor.

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The Court also directed the parties to stipulate as to certain other pretrial dates and to submit a

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proposed Order.

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STIPULATION AND [PROPOSED] ORDER SETTING CERTAIN PRETRIAL DATES

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Accordingly, the parties to this action, plaintiff ERIC MONTENEGRO, and defendant,

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WAN HAI LINES (SINAGAPORE) PTE LTD., by and through their counsel of record, stipulate

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and request the Court to enter an Order as follows.

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DISCOVERY

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1. All non-expert discovery shall be completed by October 1, 2011.

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2. All expert disclosures required by Federal Rules of Civil Procedure shall be made by

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October 15, 2011. Expert rebuttal disclosures shall be completed by November 5,

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2011.

counsel for defendant shall meet and confer in person regarding the subject matter of

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the motion(s) in an effort to resolve these matters. After attempting other means to

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confer on the issue (i.e., letter, phone call, e-mail) any party may demand such a

[phone]

3. In lieu of filing formal discovery motions, lead trial counsel for plaintiff and lead trial

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ATTORNEYS AT LAW
ONE WORLD TRADE CENTER, SUITE 1800
LONG BEACH, CALIFORNIA 90831-1800

FLYNN, DELICH & WISE LLP

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meeting on ten (10) business days’ notice. The location of the meeting will alternate

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with the first location selected by counsel for plaintiff, the second by counsel for

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defendant, etc. Within five (5) business days of the lead trial counsel’s meet-and-

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confer session, the parties shall provide a detailed joint letter to the Court. This joint

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letter shall include a description of every issue in dispute and, with respect to each such

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issue, a detailed summary of each party’s final substantive position and their final

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proposed compromise on each issue. Upon receipt of the joint letter, the Court will

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determine what future proceedings are necessary.

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MOTIONS

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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

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shall be served and filed no later than twenty-one (21) days prior to the hearing date.

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Any reply to the opposition shall be served and filed no later than fourteen (14) days

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prior to the date of the hearing.

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With respect to motions for summary judgment, parties shall follow the procedure’s

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outlined in Judge Spero’s standing Order.
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STIPULATION AND [PROPOSED] ORDER SETTING CERTAIN PRETRIAL DATES

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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

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/s/ Patrick B. Streb
By __________________________
Patrick B. Streb
Attorneys for Plaintiff
ERIC MONTENEGRO

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FLYNN, DELICH & WISE LLP
/s/ James B. Nebel
By __________________________
James B. Nebel
Attorneys for Defendant
WAN HAI LINES (SINGAPORE) PTE LTD.

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[phone]

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[PROPOSED] ORDER

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The Court adopts the parties’ stipulated schedule.
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SO ORDERED.
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S DISTRICT
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UNIT
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UNITED STATES MAGISTRATE JUDGE
Spero
seph C.

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Judge Jo

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NO

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DERED
SO OR ED
IT IS
DIFI
AS MO
___________________________________

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Dated: May __, 2011

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ATTORNEYS AT LAW
ONE WORLD TRADE CENTER, SUITE 1800
LONG BEACH, CALIFORNIA 90831-1800

FLYNN, DELICH & WISE LLP

Dated: May 5, 2011
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F
D IS T IC T O
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C

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STIPULATION AND [PROPOSED] ORDER SETTING CERTAIN PRETRIAL DATES