Gardner v. City of Berkeley et al

Filing 36

STIPULATION AND ORDER AMENDING CMC DEADLINES re 35 Stipulation filed by David Hodgkins, City of Berkeley. Signed by Judge Edward M. Chen on 10/12/11. (bpf, COURT STAFF) (Filed on 10/12/2011)

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ZACH COWAN, City Attorney
MARK J. ZEMBSCH, Deputy City Attorney
[e-mail]
2180 Milvia Street, Fourth Floor
Berkeley, CA 94704
TEL.: [phone]
FAX.: [phone]

SBN 96372
SBN 127901

Attorneys for Defendants
CITY OF BERKELEY and DAVID HODGKINS

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EDWARD W. BURNS
MELISSA L. RODRIGUEZ
BURNS, SCHALDENBRAND & RODRIGUEZ
[e-mail]
1155 Sportfisher Dr., Suite 120
Oceanside, CA 92045
TEL: [phone]
FAX: [phone]

SBN 201913
SBN 201733

Attorneys for Plaintiff
TIMOTHY GARDNER

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TIMOTHY GARDNER,

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NO. C10-03410 EMC

Plaintiff,

STIPULATION AND [PROPOSED]
ORDER TO EXTEND DATE FOR
SUMMARY JUDGMENT HEARING
AND BRIEFING; AND CONTINUE
CASE MANAGEMENT CONFERENCE

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vs.
CITY OF BERKELEY, DAVID HODGKINS;
DOUG HAMBLETON; ROY MEISNER;
BOBBY MILLER,

Complaint Filed: June 25, 2010
Removed to Federal Court: Aug. 3, 2010

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Defendants.
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STIPULATION

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The parties hereby stipulate through their undersigned counsel that the non-expert

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discovery cut-off be extended as follows:

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STIPULATION AND [PROPOSED] ORDER TO EXTEND DATE FOR SUMMARY JUDGMENT HEARING
AND BRIEFING; AND CONTINUE CASE MANAGEMENT CONFERENCE ~ C10-03410 EMC

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The City will depose Plaintiff on October 14, 2011. Plaintiff may depose the following

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five witnesses, beginning October 17, 2011: David Hodgkins, Doug Hambleton, Dave Frankel,

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Eric Gustafson and Jen Louis.

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The parties also hereby stipulate through their undersigned counsel that the expert
discovery cut-off be extended as follows:

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November 7, 2011:

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November 21, 2011: Rebuttal reports

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December 5, 2011:

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Expert’s opening reports

Expert discovery cut-off.

The parties also stipulate that the hearing for the Motion for Summary Judgment and the
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Case Management Conference be continued from December 2, 2011 to December 16, 2011.
at 1:30 p.m.
Parties propose the following briefing schedule:

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November 16, 2011: Defendant’s Summary Judgment Motion Filed

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November 30, 2011: Plaintiff’s Opposition to Summary Judgment Motion Filed

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December 7, 2011:

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GOOD CAUSE EXISTS for the stipulation to extend time as follows: Plaintiff’s counsel

Defendant’s Reply to Summary Judgment Motion Filed

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was substituted in less than one week prior to the original discovery cut-off. Plaintiff’s previous

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counsel had failed to comply with Defendant’s discovery requests, requests that were necessary for

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an efficient deposition of plaintiff. Further, Plaintiff’s previous counsel had failed to properly notice

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any depositions prior to the original discovery cut-off. Allowing for limited depositions to be taken

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after the discovery cut-off; a short extension of expert discovery; and a two-week continuance of the

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hearing on the motion for summary judgment (with a modified briefing schedule) promotes the

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interests of justice and will result in no prejudice to any party.

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Respectfully submitted:

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ZACH COWAN, City Attorney
MARK J. ZEMBSCH, Deputy City Attorney

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Dated:
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October 7, 2011

By:
/s/
MARK J. ZEMBSCH, Deputy City Attorney
Attorneys for City of Berkeley and David Hodgkins

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STIPULATION AND [PROPOSED] ORDER TO EXTEND DATE FOR SUMMARY JUDGMENT HEARING
AND BRIEFING; AND CONTINUE CASE MANAGEMENT CONFERENCE ~ C10-03410 EMC

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Respectfully submitted:

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BURNS, SCHALDENBRAND & RODRIGUEZ

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Dated:

October 7, 2011

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/s/

EDWARD W. BURNS
Attorney for Plaintiff Timothy Gardner

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THE FOREGOING STIPULATION
IS APPROVED AND IS SO ORDERED. (as amended)

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10/12/11
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STIPULATION AND [PROPOSED] ORDER TO EXTEND DATE FOR SUMMARY JUDGMENT HEARING
AND BRIEFING; AND CONTINUE CASE MANAGEMENT CONFERENCE ~ C10-03410 EMC