Campbell et al v. City of Oakland et al

Filing 70

STIPULATION AND ORDER RE 69 FOR NEW SCHEDULING ORDER. Pretrial Conference set for 2/10/2014 10:00 AM; Jury Selection set for 2/24/2014 09:00 AM; Jury Trial set for 2/24/2014 09:00 AM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 9/28/12. (cl, COURT STAFF) (Filed on 9/28/2012)

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RACHEL LEDERMAN, SBN 130192
Rachel Lederman & Alexsis C. Beach,
Attorneys at Law
558 Capp Street
San Francisco, CA 94110
[phone]; fax [phone]
[e-mail]

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and additional counsel listed on pleadings

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Attorneys for plaintiffs Timothy Scott
Campbell et al.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TIMOTHY SCOTT
CAMPBELL, et al.,

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Plaintiffs,

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No. CV11-05498 RS
STIPULATED REQUEST FOR A NEW
SCHEDULING ORDER; AND PROPOSED
ORDER

vs.

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CITY OF OAKLAND, et al.

Complaint Filed: Nov. 14, 2011
Current Trial Date: May 28, 2013

Defendants.

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Whereas, the parties have agreed to participate in settlement discussions to see if
the matter can be resolved without naming additional defendants, and have agreed to a
limited discovery plan to facilitate such settlement discussions, and Magistrate Judge
Beeler has set a further settlement conference for November 13, 2012;
Whereas, the parties agree, and Judge Beeler recommends, to continue the trial
date and extend deadlines to allow sufficient time for the settlement process;
THEREFORE, the parties through their respective counsel jointly request that the
court issue a new scheduling order setting the following dates and deadlines:

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STIPULATED REQUEST FOR A NEW SCHEDULING ORDER
CAMPBELL, ET AL. V. CITY OF OAKLAND, CASE NO. CV11-05498 RS
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1.

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AMENDMENT OF PLEADINGS: The parties shall complete amendments to the
pleadings by April 1, 2013.

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2.

DISCOVERY: On or before September 6, 2013, all non-expert discovery shall be

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completed by the parties.

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3.

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shall proceed as follows:

EXPERT WITNESSES. The disclosure and discovery of expert witness opinions

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A. On or before September 20, 2013, plaintiffs shall disclose expert testimony

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reports in accordance with Federal Rule of Civil Procedure 26(a)(2).

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B. On or before October 4, 2013, defendants shall disclose expert testimony and

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reports in accordance with Federal Rule of Civil Procedure 26(a)(2).

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C. On or before October 28, 2013, all discovery of expert witnesses pursuant to

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Federal Rule of Civil Procedure 26(b)(4) shall be completed.

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4.

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Civil Local Rule 7. All pretrial motions shall be heard no later than December 12, 2013.

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5.

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PRETRIAL MOTIONS. All pretrial motions must be filed and served pursuant to

PRETRIAL STATEMENTS. Counsel shall file a Joint Pretrial Statement on or
before January 27, 2014.

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6.

PRETRIAL CONFERENCE. February 10, 2014, at 10:00 a.m.

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7.

TRIAL DATE. February 24, 2014, at 9:00 a.m.

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The parties further stipulate to toll, from the date of this agreement until April 1,

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2013, applicable limitations on California state law claims provided in Cal. Government

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Code sections 945.6, 950.6 and related provisions, both as to the named plaintiffs, and as

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to the other claimants who have presented administrative claims against the City of

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Oakland and have made settlement demands as part of the settlement process in this case,

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but who have not yet been named as plaintiffs in the within action: Max Bell Alper,

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STIPULATED REQUEST FOR A NEW SCHEDULING ORDER
CAMPBELL, ET AL. V. CITY OF OAKLAND, CASE NO. CV11-05498 RS
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Brooke Anderson, Kevin Christensen, Mathias Bernarding, Mara Randle, Sukay Sow,

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Max Stiers, Ruben Mendez, David Morse, Dereck Clemons, Scott Whitacre, and Suzi

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Spangenberg.

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It is so stipulated.
Dated: September 27, 2012

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/S/
Rachel Lederman
Attorneys for plaintiffs T. Scott Campbell, et al.

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/S/
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Linda Lye
Attorneys for plaintiffs ACLU-NC, et al.

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/S/

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William Simmons, Supervising City Attorney
Attorney for defendants

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SIGNATURE ATTESTATION
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I am the ECF User whose ID and Password are being used to file
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this stipulated request. In compliance with General Order 45, X.B., I hereby attest that
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Ms. Lye and Mr. Simmons have concurred in this filing.
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Dated: September 27, 2012

/S/
Rachel Lederman

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STIPULATED REQUEST FOR A NEW SCHEDULING ORDER
CAMPBELL, ET AL. V. CITY OF OAKLAND, CASE NO. CV11-05498 RS
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[PROPOSED] ORDER

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Pursuant to stipulation, and good cause appearing, the court vacates the current

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trial date of May 28, 2013, and sets the following new schedule:

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1.

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AMENDMENT OF PLEADINGS: The parties shall complete amendments to the
pleadings by April 1, 2013.

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2.

DISCOVERY: On or before September 6, 2013, all non-expert discovery shall be

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completed by the parties.

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3.

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shall proceed as follows:

EXPERT WITNESSES. The disclosure and discovery of expert witness opinions

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A. On or before September 20, 2013, plaintiffs shall disclose expert testimony

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reports in accordance with Federal Rule of Civil Procedure 26(a)(2).

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B. On or before October 4, 2013, defendants shall disclose expert testimony and

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reports in accordance with Federal Rule of Civil Procedure 26(a)(2).

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C. On or before October 28, 2013, all discovery of expert witnesses pursuant to

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Federal Rule of Civil Procedure 26(b)(4) shall be completed.

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4.

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Civil Local Rule 7. All pretrial motions shall be heard no later than December 12, 2013.

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5.

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PRETRIAL MOTIONS. All pretrial motions must be filed and served pursuant to

PRETRIAL STATEMENTS. Counsel shall file a Joint Pretrial Statement on or
before January 27, 2014.

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PRETRIAL CONFERENCE. The pretrial conference will be held on February

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10, 2014, at 10:00 a.m. in Courtroom 3, 17th Floor, United States Courthouse, 450

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Golden Gate Avenue, San Francisco, California.

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TRIAL DATE. Trial shall commence on February 24, 2014, at 9:00 a.m., in
Courtroom 3, 17th Floor, United States Courthouse, 450 Golden Gate Avenue, San

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STIPULATED REQUEST FOR A NEW SCHEDULING ORDER
CAMPBELL, ET AL. V. CITY OF OAKLAND, CASE NO. CV11-05498 RS
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Francisco, California.

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IT IS SO ORDERED.

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9/28/12
Dated: _________________
____________________________
RICHARD SEEBORG
United States District Judge

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STIPULATED REQUEST FOR A NEW SCHEDULING ORDER
CAMPBELL, ET AL. V. CITY OF OAKLAND, CASE NO. CV11-05498 RS
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