Flores et al v. National Railroad Passenger Corporation et al

Filing 73

ORDER by Magistrate Judge Maria-Elena James denying 72 Stipulation (rmm2S, COURT STAFF) (Filed on 7/8/2013)

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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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JULIO FLORES, et al.
Plaintiffs,

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

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Defendants.

Case No. 3:12:CV-686-MEJ
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE INITIAL
PRE-TRIAL CONFERENCE AND
RELATED CASE MANAGEMENT
DATES
Trial Date:
Time:
Dept.:
Judge:

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

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

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subsequent December 11, 2012 order, the initial Pre-Trial Conference is currently

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calendared for July 25, 2013. Additionally, the following dates have been set by the

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Court and are currently calendared: Trial Papers, as set forth in Section H(A)-(K) of

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the July 26, 2012 Case Management Order, are to be filed by July 11, 2013;

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Motions in Limine are to be filed by July 11, 2013, with oppositions due by July

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18, 2013; and Trial Briefs, Voir Dire, proposed Jury Instructions, and proposed

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Verdict Forms to be filed by July 26, 2013.

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Further, the hearing on Defendants Amtrak and Union Pacific’s Motion for

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Summary Judgment was calendared for July 11, 2013, but was taken off calendar

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by the Court, sua sponte, as a result of scheduled mediation between the parties.

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G REEN B RYANT &
F RENCH , LLP

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

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Upon request by Plaintiffs and agreement by Defendants to the same,

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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
Management Order. Good cause exists to continue the dates set forth above in
order to allow the parties to mediate this matter. Mediation is scheduled to occur
before mediator Charles Hawkins on July 25, 2013.
NOW, THEREFORE, subject to the Court’s approval, the parties, through
their counsel of record, stipulate, agree, and respectfully request that the following
modifications to the Case Management Order shall be made:
1.

That the Initial Pre-Trial Conference be continued from July 25, 2013

to August 8, 2013;
2.

That the date for filing Trial Papers, as set forth in Section H(A)-(K) of

the July 26, 2012 Case Management Order, be continued from July 11, 2013 to July
18, 2013;
3.

That the date for filing Motions in Limine be continued from July 11,

2013 to July 26, 2013, and that the date for filing Oppositions to the same be
continued from July 18, 2013 to August 2, 2013;
4.

That the date for filing Trial Briefs, requested Voir Dire, proposed Jury

Instructions, and proposed Verdict Forms, be continued from July 26, 2013 to
August 2, 2013;
5.

That the hearing on Defendants Amtrak and Union Pacific’s Motion

for Summary Judgment be calendared for August 1, 2013.
6.

That trial shall remain scheduled to commence on August 26, 2013.

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G REEN B RYANT &
F RENCH , LLP

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

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Respectfully submitted,

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GREEN BRYANT & FRENCH, LLP
Dated: July 1, 2013

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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
Dated: July 1, 2013

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/s/ Susan K. Blitch
Susan K. Blitch (SBN 187761)
Senior Deputy County Counsel
Attorney for Defendant, County of Monterey

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LOMBARDI LOPER & CONANT
Dated: July 1, 2013

/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 CASE MANAGEMENT DATES;
CASE NO. 3:12:CV-686-MEJ

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ORDER

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PURSUANT TO STIPULATION, AND GOOD CAUSE APPEARING

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THEREFORE, IT IS ORDERED THAT:
1.

That the Initial Pre-Trial Conference be continued from July 25, 2013

to August 8, 2013;
2.

That the date for filing Trial Papers, as set forth in Section H(A)-(K) of

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the July 26, 2012 Case Management Order, be continued from July 11, 2013 to July

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18, 2013;

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3.

That the date for filing Motions in Limine be continued from July 11,

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2013 to July 26, 2013, and that the date for filing Oppositions to the same be

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continued from July 18, 2013 to August 2, 2013;

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4.

That the date for filing Trial Briefs, requested Voir Dire, proposed Jury

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Instructions, and proposed Verdict Forms, be continued from July 26, 2013 to

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August 2, 2013;

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5.

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That the hearing on Defendants Amtrak and Union Pacific’s Motion

for Summary Judgment be calendared for August 1, 2013.
6.

That trial shall remain scheduled to commence on August 26, 2013.

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July 8, 2013
Dated: ________________

______________________________
Hon. Maria Elena James

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All dates are VACATED. A joint status report shall be filed
2 weeks after the completion of mediation. If the case settles
in mediation the parties shall advise the Court immediately.
IT IS SO ORDERED.

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G REEN B RYANT &
F RENCH , LLP

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STIPULATION AND [PROPOSED] ORDER TO
CONTINUE CASE MANAGEMENT DATES;
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
Court’s electronic case filing system on July 1, 2013 to counsel for Defendants.

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GREEN BRYANT & FRENCH, LLP

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Dated: July 1, 2013

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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 CASE MANAGEMENT DATES;
CASE NO. 3:12:CV-686-MEJ