Thompson v. Donahoe

Filing 70

STIPULATION AND MODIFIED ORDER re 69 STIPULATION CONTINUING TRIAL AND TRIAL-RELATED DATES filed by Patrick R. Donahoe. Discovery due by 4/12/2013. Dispositive Motion Hearing to be held by 6/18/2013 09:00 AM in Courtroom E, 15th Floor, San Francisco before Magistrate Judge Elizabeth D. Laporte. Final Pretrial Conference set for 9/10/2013 02:00 PM in Courtroom E, 15th Floor, San Francisco. Jury Selection set for 10/7/2013 08:30 AM in Courtroom E, 15th Floor, San Francisco before Magist rate Judge Elizabeth D. Laporte. Jury Trial set for 10/7/2013 through 10/16/2013 08:30 AM in Courtroom E, 15th Floor, San Francisco before Magistrate Judge Elizabeth D. Laporte. Signed by Judge Elizabeth D Laporte on 12/3/2012. (knm, COURT STAFF) (Filed on 12/3/2012)

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Keith R. Oliver
OLIVERLawCorp
450 Harrison Street, Suite 200
San Francisco, CA 94105
Ph: [phone]
Fax: [phone]
[e-mail]

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Attorney for Plaintiff

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MELINDA HAAG (CSBN 132612)
United States Attorney
ALEX G. TSE (CSBN 152348)
Chief, Civil Division
ANN MARIE REDING (CSBN 226864)
Assistant United States Attorney

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450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
Telephone: [phone]
FAX: [phone]
[e-mail]

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Attorneys for Defendant
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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TRACEY THOMPSON,
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Plaintiff,
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v.
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PATRICK R. DONAHOE, POSTMASTER )
GENERAL OF THE UNITED STATES,
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Defendant.
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Case No. C 11-1670 EDL
STIPULATION AND [PROPOSED]
ORDER CONTINUING TRIAL AND
TRIAL-RELATED DATES
AS MODIFIED

Plaintiff Tracey Thompson and Defendant Patrick R. Donahoe, Postmaster General of the
United States, by and through their respective counsel of record, hereby stipulate as follows:
1.

On April 6, 2011, Plaintiff, appearing pro se, commenced this action in the United

States District Court for the Northern District of California. See Doc
STIPULATION AND [PROPOSED] ORDER CONTINUING TRIAL AND TRIAL-RELATED DATES
CV 11-1670 EDL

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See Docket No. 18.
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On September 20, 2011, the Court granted Defendant’s motion to dismiss with

leave to amend. See Docket No. 32.
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On September 16, 2011, Plaintiff filed a Notice of Appearance by attorney Dennis

Wright. See Docket No. 31.

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On August 11, 2011, Defendant filed a motion to dismiss Plaintiff’s Complaint.

On January 11, 2012, Plaintiff filed a substitution of attorney, substituting

attorney Dolores Victor for attorney Dennis Wright. See Docket No. 39.
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On January 12, 2012, Plaintiff filed a First Amended Complaint, and on January

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26, 2012, Defendant filed a motion to dismiss Plaintiff’s newest complaint for lack of subject

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matter jurisdiction and failure to state a claim against Defendant. See Docket No. 44. On March

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30, 2012, the Court granted in part and denied in part Defendant’s motion to dismiss. Docket

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No. 51.
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23, 2012, Defendant filed an answer. Docket Nos. 52 and 54.
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The parties attended a mediation on July 13, 2012, but were unable to resolve this

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On April 9, 2012, Plaintiff filed her Second Amended Complaint, and on April

On July 20, 2012, Defendant served written discovery requests in this case and

case.

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originally noticed Plaintiff’s deposition for September 10, 2012. (The parties had agreed to a

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discovery hold prior to the July 13, 2012 mediation.) Shortly before September 10, 2012, the

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parties agreed to take the deposition off calendar until Plaintiff had responded to Defendant’s

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written discovery requests. To date, Plaintiff has not provided Defendant with verified responses

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to its discovery requests. In addition, Plaintiff has served no discovery requests and noticed no

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depositions in this matter.

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10.

On September 4, 2012, the Court set the following trial and trial-related dates:

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Initial Expert Disclosures

December 11, 2012

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Rebuttal Expert Disclosures

January 8, 2013

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Non-Expert Discovery Cutoff

February 5, 2013

STIPULATION AND [PROPOSED] ORDER CONTINUING TRIAL AND TRIAL-RELATED DATES
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CV 11-1670 EDL

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Expert Discovery Cutoff

February 19, 2013

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Last Day for Hearing on Dispositive Motions

April 23, 2013

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Pretrial Conference

July 16, 2013

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Trial

August 5, 2013

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See Docket No. 66.

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On or about October 25, 2012, Plaintiff filed a third notice of substitution of

counsel, replacing Dolores Victor with Keith Oliver. See Docket No. 67.
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On November 16, 2012, and after meeting and conferring with Plaintiff’s counsel,

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Defendant re-noticed the deposition of Plaintiff, which is scheduled to take place on December

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12, 2012.
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The parties wish to move this case forward in a timely fashion; however, the

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frequent changes in Plaintiff’s representation, and its implications on the case, have resulted in a

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delay in prosecution.

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Initial Expert Disclosures

March 1, 2013

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Rebuttal Expert Disclosures

March 22, 2013

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Non-Expert Discovery Cutoff

April 12, 2013

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Expert Discovery Cutoff

April 26, 2013

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Last Day for Hearing on Dispositive Motions

June 18, 2013

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Pretrial Conference

September 3, 2013, 2:00 p.m.

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Trial

September 23, 2013

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The parties have not made any prior requests to continue the trial date in this case.

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Based on the foregoing, the parties request the following continuances:

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STIPULATION AND [PROPOSED] ORDER CONTINUING TRIAL AND TRIAL-RELATED DATES
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CV 11-1670 EDL

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DATED: November 30, 2012

Respectfully submitted,
OLIVERLawCorp

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___/s/ Keith Oliver______________
Keith R. Oliver
Attorney for Plaintiff

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DATED: November 30, 2012

Respectfully submitted,
MELINDA HAAG
United States Attorney

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__/s/ Ann Marie Reding_________
ANN MARIE REDING
Assistant United States Attorney
Attorney for Defendant

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PROPOSED ORDER AS MODIFIED
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PURSUANT TO STIPULATION, IT IS SO ORDERED:
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The Court vacates the original trial and trial-related dates and orders the following dates:
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Initial Expert Disclosures

March 1, 2013

Rebuttal Expert Disclosures

March 22, 2013

Non-Expert Discovery Cutoff

April 12, 2013

Expert Discovery Cutoff

April 26, 2013

Last Day for Hearing on Dispositive Motions

June 18, 2013

Pretrial Conference

September 3, 2013, 2:00 p.m.

Trial

September 23, 2013

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October 7, 2013

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It is further ordered that the parties shall comply with the Standing Order for Civil
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Case Practice in Cases Assigned for All Purposes to Magistrate Judge Laporte, a copy of which
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is available from the Clerk of the Court and on the Court’s website, with regard to the timing and
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content of the Joint Pretrial Statement, and all other pretrial submissions.
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Date: December 3, 2012
HON. ELIZABETH D. LAPORTE
United States Magistrate Judge

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STIPULATION AND [PROPOSED] ORDER CONTINUING TRIAL AND TRIAL-RELATED DATES
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CV 11-1670 EDL