Flores et al v. National Railroad Passenger Corporation et al

Filing 54

ORDER by Magistrate Judge Maria-Elena James granting 53 Stipulation to Modify Dispositive Motion Schedule. (rmm2S, COURT STAFF) (Filed on 5/13/2013)

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CHARLES J. McKEE (SBN 152458)
County Counsel
WILLIAM M. LITT (SBN 166614)
Deputy County Counsel
OFFICE OF THE MONTEREY COUNTY COUNSEL
168 W. Alisal Street, Third Floor
Salinas, CA 93901-2439
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Defendant, COUNTY OF MONTEREY

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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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JULIO FLORES, on his own behalf
and as a successor-in-interest to
decedent, PRISCILLA FLORES;
ADRIANA FLORES, an individual;
DANIELA FLORES, an individual;
LIANA FLORES, an individual,

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Case No: 3:12-CV-00686-MEJ
STIPULATION AND [PROPOSED] ORDER
TO MODIFY DISPOSITIVE MOTION
SCHEDULE.

Plaintiffs,
vs.
NATIONAL RAILROAD
PASSENGER CORPORATION,
dba AMTRAK; UNION PACIFIC
RAILROAD COMPANY, a Delaware
Corporation; COUNTY OF
MONTEREY; STATE OF
CALIFORNIA; DOES 1-100,
inclusive,

Trial Date: August 26, 2013
Time:
9:30 a.m.
Courtroom: B - 15th Floor
Judge: The Honorable Maria Elena James

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Defendants.
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Pursuant to the Case Management Order of December 11, 2012, the last day to file

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dispositive motions in this action is May 20, 2013 and the last day to hear dispositive motions is

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June 24, 2013. Plaintiffs and Defendants, National Passenger Railroad Corp. (“Amtrak”), Union

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

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respective counsel, hereby stipulate and respectfully request to modify the December 11, 2012

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Flores, et al. v. National Railroad Passenger Corporation, et al.
Stipulation & [Proposed] Order to Modify Dispositive Motion Schedule

CASE NO. 3:12-CV-00686-MEJ

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Case Management Order. Good cause exists to continue the dispositive motion deadlines in

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order to facilitate further settlement discussions between the parties and accommodate the

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litigation schedules of counsel, as well as to account for the Court’s calendar being full on June

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20, 2013 and counsel for Monterey County being overseas on June 27, 2013.
NOW THEREFORE, subject to the Court’s approval, the parties, through their counsel of

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record, stipulate, agree, and respectfully request that the following modifications to the Case

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Management Order be made:

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1.
May 31, 2013;

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2.

That the last day to hear dispositive motions be continued from June 24, 2013 to

July 11, 2013;

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That the last day to file dispositive motions be continued from May 20, 2013 to

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That Defendants’ respective motions for summary judgment be calendared for

July 11, 2013;

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4.

That all other dates listed in the Case Management Order of July 26, 2012, as

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modified by the Case Management Order of December 11, 2012, remain unchanged, including

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the August 26, 2013 trial date and the dates of all other pretrial proceedings.

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Respectfully submitted,
Dated: May 10, 2013

GREEN BRYANT & FRENCH, LLP

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By:
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/s/ Jason Julius
JASON JULIUS
Attorneys for Plaintiffs

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Dated: May 10, 2013

LOMBARDI LOPER & CONANT

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By:
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/s/ Liza Siu Mendoza
LIZA SIU MENDOZA
Attorneys for Defendants, Union Pacific
Railroad; National Railroad Passenger
Corporation

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/////
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/////
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Flores, et al. v. National Railroad Passenger Corporation, et al.
Stipulation & [Proposed] Order to Modify Dispositive Motion Schedule

CASE NO. 3:12-CV-00686-MEJ

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Dated: May 10, 2013.

CHARLES J. McKEE, COUNTY COUNSEL

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By:
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/s/ William Litt
WILLIAM LITT
Deputy County Counsel
Attorneys for Defendant County of Monterey

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ORDER
PURSUANT TO STIPULATION, AND GOOD CAUSE APPEARING THEREFORE,
IT IS ORDERED THAT:
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That the last day to file dispositive motions be continued from May 20, 2013 to

May 31, 2013;
2.

That the last day to hear dispositive motions be continued from June 24, 2013 to

July 11, 2013;
That Defendants’ respective motions for summary judgment be calendared for

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July 11, 2013;
4.

That all other dates listed in the Case Management Order of July 26, 2012, as

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modified by the Case Management Order of December 11, 2012, remain unchanged, including

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the August 26, 2013 trial date and the dates of all other pretrial proceedings.

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Dated:

May 13, 2013
THE HONORABLE MARIA ELENA JAMES
UNITED STATES MAGISTRATE JUDGE

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Flores, et al. v. National Railroad Passenger Corporation, et al.
Stipulation & [Proposed] Order to Modify Dispositive Motion Schedule

CASE NO. 3:12-CV-00686-MEJ