Gardner v. City of Berkeley et al
Filing
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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
MZembsch@ci.berkeley.ca.us
2180 Milvia Street, Fourth Floor
Berkeley, CA 94704
TEL.: (510) 981-6998
FAX.: (510) 981-6960
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
EWBurns@bsrlawyers.com
1155 Sportfisher Dr., Suite 120
Oceanside, CA 92045
TEL: (760) 453-2189
FAX: (760) 453-2194
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
DATE: _________________________
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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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