Flores et al v. National Railroad Passenger Corporation et al

Filing 48

ORDER by Chief Magistrate Maria-Elena James granting 47 Motion for Extension of Time to Complete Discovery (rmm2S, COURT STAFF) (Filed on 12/11/2012)

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Joel R. Bryant (State Bar No. 149370)
[e-mail]
GREEN BRYANT & FRENCH LLP
1230 Columbia Street, Suite 1120
San Diego, California 92101
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Flores et al.
Plaintiffs,

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Case No. 3:12:CV-686-MEJ

v.
NATIONAL RAILROARD
PASSENGER CORP. dba
AMTRAK, et al.,

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STIPULATION AND [PROPOSED]
ORDER TO CONTINUE DEADLINE
TO COMPLETE DISCOVERY
Trial Date:
Time:
Dept.:
Judge:

August 26, 2013
9:30 a.m.
Courtroom B, 15th Flr.
Hon. Maria Elena James

Defendants.

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Pursuant to the Court’s July 26, 2012 Case Management Order, all discovery,

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including depositions of expert witnesses, must be completed by February 19, 2013.

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Plaintiffs and Defendants, National Railroad Passenger Corp. (“Amtrak”), Union

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Pacific, and Monterey County, (collectively “Defendants”) by and through their

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respective counsel, hereby stipulate and respectfully request to modify the Case

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Management Order. Good cause exists to continue the discovery completion

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deadline in order to facilitate further settlement discussions between parties, and

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accommodate the litigation schedules of all counsel involved in this case.

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NOW, THEREFORE, subject to the Court’s approval, the parties, through

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their counsel of record, stipulate, agree, and respectfully request that the following

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modifications to the Case Management Order shall be made:

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G REEN B RYANT &
F RENCH , LLP

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STIPULATION AND [PROPOSED] ORDER TO
CONTINUE DISCOVERY COMPLETION;
CASE NO. 3:12:CV-686-MEJ

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1.

That the Disclosure of Expert Witnesses be continued from January

25, 2013 to March 26, 2013;
2.

That Disclosure of Rebuttal Expert Witnesses be continued from

February 4, 2013 to April 5, 2013;
3.

The Discovery cut-off be continued from February 19, 2013 to April

26, 2013;
4.

That the last day to file dispositive motions be continued from March

21, 2013 to May 20, 2013;
5.

That the last day to hear dispositive motions be continued from April

25, 2013 to June 24, 2013;
6.

That all other dates listed in the Case Management Order remain

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unchanged. The initial pre-trial conference shall remain on July 25, 2013. The final

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pre-trial conference shall remain on August 22, 2013, and trial shall remain

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scheduled to commence on August 26, 2013.

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Respectfully submitted,

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GREEN BRYANT & FRENCH, LLP
Dated: December 11, 2012

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/s/ Joel R. Bryant
Joel R. Bryant, Esq.
[e-mail]
Attorney for Plaintiffs

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CHARLES J. McKEE, COUNTY COUNSEL

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Dated: December 11, 2012

/s/ William M. Litt
William M. Litt
Deputy County Counsel
Attorney for Defendant, County of Monterey

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G REEN B RYANT &
F RENCH , LLP

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STIPULATION AND [PROPOSED] ORDER TO
CONTINUE DISCOVERY COMPLETION;
CASE NO. 3:12:CV-686-MEJ

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LOMBARDI LOPER & CONANT
Dated: December 11, 2012

/s/ Vincent Castillo
Vincent Castillo
[e-mail]
Attorney for Defendants, Union Pacific Railroad
National Railroad Passenger Corporation

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G REEN B RYANT &
F RENCH , LLP

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STIPULATION AND [PROPOSED] ORDER TO
CONTINUE DISCOVERY COMPLETION;
CASE NO. 3:12:CV-686-MEJ

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ORDER

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PURSUANT TO STIPULATION, AND GOOD CAUSE APPEARING
THEREFORE, IT IS ORDERED THAT:
1.

That the Disclosure of Expert Witnesses be continued from January

25, 2013 to March 26, 2013;
2.

That Disclosure of Rebuttal Expert Witnesses be continued from

February 4, 2013 to April 5, 2013;
3.

The Discovery cut-off be continued from February 19, 2013 to April

26, 2013;
4.

That the last day to file dispositive motions be continued from March

21, 2013 to May 20, 2013;
5.

That the last day to hear dispositive motions be continued from April

25, 2013 to June 24, 2013;
6.

That all other dates listed in the Case Management Order remain

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unchanged. The initial pre-trial conference shall remain on July 25, 2013. The final

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pre-trial conference shall remain on August 22, 2013, and trial shall remain

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scheduled to commence on August 26, 2013.

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December 11,2012
Dated: ________________

______________________________
Hon. Maria Elena James

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G REEN B RYANT &
F RENCH , LLP

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STIPULATION AND [PROPOSED] ORDER TO
CONTINUE DISCOVERY COMPLETION;
CASE NO. 3:12:CV-686-MEJ

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CERTIFICATE OF SERVICE

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I hereby certify that a copy of the foregoing was electronically sent via the

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Court’s electronic case filing system on December 11, 2012 to counsel for

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Defendant.

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GREEN BRYANT & FRENCH, LLP

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Dated: December 11, 2012

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/s/ Joel R. Bryant
Joel R. Bryant, Esq.
[e-mail]
Attorney for Plaintiffs

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G REEN B RYANT &
F RENCH , LLP

DCACTIVE-17851622.2

STIPULATION AND [PROPOSED] ORDER TO
CONTINUE DISCOVERY COMPLETION;
CASE NO. 3:12:CV-686-MEJ