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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1 2 3 4 5 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 6 7 8 9 10 11 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 12 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 16 TIMOTHY GARDNER, 17 NO. C10-03410 EMC Plaintiff, STIPULATION AND [PROPOSED] ORDER TO EXTEND DATE FOR SUMMARY JUDGMENT HEARING AND BRIEFING; AND CONTINUE CASE MANAGEMENT CONFERENCE 18 19 20 21 vs. CITY OF BERKELEY, DAVID HODGKINS; DOUG HAMBLETON; ROY MEISNER; BOBBY MILLER, Complaint Filed: June 25, 2010 Removed to Federal Court: Aug. 3, 2010 22 Defendants. 23 24 STIPULATION 25 The parties hereby stipulate through their undersigned counsel that the non-expert 26 discovery cut-off be extended as follows: 27 28 1 STIPULATION AND [PROPOSED] ORDER TO EXTEND DATE FOR SUMMARY JUDGMENT HEARING AND BRIEFING; AND CONTINUE CASE MANAGEMENT CONFERENCE ~ C10-03410 EMC 1 The City will depose Plaintiff on October 14, 2011. Plaintiff may depose the following 2 five witnesses, beginning October 17, 2011: David Hodgkins, Doug Hambleton, Dave Frankel, 3 Eric Gustafson and Jen Louis. 4 5 The parties also hereby stipulate through their undersigned counsel that the expert discovery cut-off be extended as follows: 6 November 7, 2011: 7 November 21, 2011: Rebuttal reports 8 December 5, 2011: 9 10 11 Expert’s opening reports Expert discovery cut-off. The parties also stipulate that the hearing for the Motion for Summary Judgment and the 23 Case Management Conference be continued from December 2, 2011 to December 16, 2011. at 1:30 p.m. Parties propose the following briefing schedule: 12 November 16, 2011: Defendant’s Summary Judgment Motion Filed 13 November 30, 2011: Plaintiff’s Opposition to Summary Judgment Motion Filed 14 December 7, 2011: 15 GOOD CAUSE EXISTS for the stipulation to extend time as follows: Plaintiff’s counsel Defendant’s Reply to Summary Judgment Motion Filed 16 was substituted in less than one week prior to the original discovery cut-off. Plaintiff’s previous 17 counsel had failed to comply with Defendant’s discovery requests, requests that were necessary for 18 an efficient deposition of plaintiff. Further, Plaintiff’s previous counsel had failed to properly notice 19 any depositions prior to the original discovery cut-off. Allowing for limited depositions to be taken 20 after the discovery cut-off; a short extension of expert discovery; and a two-week continuance of the 21 hearing on the motion for summary judgment (with a modified briefing schedule) promotes the 22 interests of justice and will result in no prejudice to any party. 23 Respectfully submitted: 24 ZACH COWAN, City Attorney MARK J. ZEMBSCH, Deputy City Attorney 25 26 Dated: 27 October 7, 2011 By: /s/ MARK J. ZEMBSCH, Deputy City Attorney Attorneys for City of Berkeley and David Hodgkins 28 2 STIPULATION AND [PROPOSED] ORDER TO EXTEND DATE FOR SUMMARY JUDGMENT HEARING AND BRIEFING; AND CONTINUE CASE MANAGEMENT CONFERENCE ~ C10-03410 EMC 1 Respectfully submitted: 2 BURNS, SCHALDENBRAND & RODRIGUEZ 3 Dated: October 7, 2011 5 /s/ EDWARD W. BURNS Attorney for Plaintiff Timothy Gardner 6 THE FOREGOING STIPULATION IS APPROVED AND IS SO ORDERED. (as amended) 12 dwar Judge E RT 13 AS M D EDWARD O ORDERE M. CHEN IS S D IT District CourtIJudge United States ODIF E 15 en d M. Ch ER A H 14 R NIA 11 UNIT ED 10 10/12/11 DATE: _________________________ NO 9 RT U O S 8 S DISTRICT TE C TA FO 7 By: LI 4 N D IS T IC T R OF C 16 17 18 19 20 21 22 23 24 25 26 27 28 3 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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