Byrd v. Donahoe

Filing 45

STIPULATION AND SCHEDULING ORDER. Signed by Judge Richard Seeborg on 11/26/12. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 11/26/2012)

1

MELINDA HAAG (CABN 132612)
United States Attorney

2
3

ALEX G. TSE (CSBN 152348)
Chief, Civil Division

4

MARK R. CONRAD (CSBN 255667)
Assistant United States Attorney

5
6
7

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

8
Attorneys for Defendants
9
10
11
12

YOLANDA G. BYRD
5917 Wyman Street
San Pablo, CA 94806
[phone]
[e-mail]
Plaintiff, Pro Se

13
14
UNITED STATES DISTRICT COURT
15
NORTHERN DISTRICT OF CALIFORNIA
16
SAN FRANCISCO DIVISION
17
18

YOLANDA G. BYRD,

19

Plaintiff,

20
21
22
23

v.
PATRICK DONAHOE,
POSTMASTER GENERAL,
UNITED STATES POSTAL SERVICE,
Defendant.

24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER
Case No. 11-CV-04230 RS

)
)
)
)
)
)
)
)
)
)
)
)

Case No. C 11-04230 RS
STIPULATION AND [PROPOSED]
SCHEDULING ORDER

Plaintiff Yolanda Byrd and Defendant Patrick Donahoe, Postmaster General for the

1
2

United States Postal Service, respectfully submit this Stipulation and [Proposed] Scheduling

3

Order extending discovery and hearing deadlines in the above-captioned matter.
*****

4

WHEREAS, Plaintiff and Defendant previously submitted a Joint Case Management

5
6

Statement proposing an agreed-upon deadline of November 28, 2012, for the completion of non-

7

expert discovery, and the Court issued a scheduling order based on the parties proposed

8

schedule, see Dkt. Nos. 36 & 38;
WHEREAS, Defendant recently filed an administrative motion to extend certain

9
10

discovery deadlines, including the deadlines for expert disclosures and summary judgment

11

briefing, due to the recent postponement of Plaintiff’s deposition, see Dkt. No. 40;
WHEREAS, Plaintiff, who is proceeding pro se, now wishes to take the deposition of

12
13

four current or former United States Postal Service employees;
WHEREAS, Plaintiff will be unavailable and traveling between December 9, 2012, and

14
15

January 13, 2013;

16

NOW, THEREFORE, to accommodate Plaintiff’s requests for further discovery, it is

17

hereby agreed by Plaintiff and Defendant that the following discovery and case management

18

deadlines shall be extended and set as follows, which extensions will not affect the trial date

19

currently set for June 10, 2013:

20
21

Non-Expert Discovery Cut-Off:

January 18, 2013

22

Expert Disclosure Deadline:

February 15, 2013

23

Expert Discovery Cut-Off:

March 1, 2013

24

Deadline for Summary Judgment Hearing: April 4, 2013

25

Pretrial Conference:

May 30, 2013, 10:00 a.m. (unchanged)

26

Trial:

June 10, 2013, 9:00 a.m. (unchanged)

27

//

28

//
STIPULATION AND [PROPOSED] ORDER
Case No. 11-CV-04230 RS

1

1

The parties further agree to meet and confer regarding any such continuance as may be

2

necessary or appropriate with respect to the settlement conference in this matter, which is

3

currently scheduled for Monday, December 3, 2012.

4

IT IS SO STIPULATED.

5
Respectfully submitted,

6
7

DATED: November 23, 2012

MELINDA HAAG
United States Attorney

8
/s/ Mark R. Conrad
MARK R. CONRAD
Assistant United States Attorney

9
10
11
DATED: November 23, 2012

YOLANDA G. BYRD
Plaintiff, pro se

12
13

/s/ Yolanda G. Byrd
YOLANDA G. BYRD
Pro Se

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER
Case No. 11-CV-04230 RS

2

[PROPOSED] SCHEDULING ORDER

1
2

Pursuant to the stipulation of the parties, the Court hereby orders that the discovery and

3

other case management deadlines previously set in this matter shall be revised and extended as

4

follows:

5

Non-Expert Discovery Cut-Off:

January 18, 2013

6

Expert Disclosure Deadline:

February 15, 2013

7

Expert Discovery Cut-Off:

March 1, 2013

8

Deadline for Summary Judgment Hearing: April 4, 2013

9

Pretrial Conference:

May 30, 2013, 10:00 a.m.

10

Trial:

June 10, 2013, 9:00 a.m.

11

The parties shall meet and confer regarding any such continuance as they may deem

12

necessary or appropriate with respect to the settlement conference in this matter that is currently

13

scheduled for Monday, December 3, 2012.

14

PURSUANT TO STIPULATION, IT IS SO ORDERED.

15
16

11/26/12
Dated: _______________

_______________________________
HONORABLE RICHARD SEEBORG
United States District Court Judge

17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER
Case No. 11-CV-04230 RS

3