Jefferson v. City of Fremont et al

Filing 50

STIPULATION AND ORDER re 49 to Extend Deadline to Complete ENE and File Second Amended Complaint filed by Joe Grech, Fremont Tennis Center, Kelly King, Annabelle Holland, City of Fremont, Jeff Gonce Case Management Statement due by 2/21/2013. Case Management Conference set for 2/28/2013 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 11/26/12. (bpf, COURT STAFF) (Filed on 11/26/2012)

1
2
3
4
5
6
7
8
9
10
11

Gregory M. Fox, State Bar No. 070876
Ilana Kohn, State Bar No. 203389
BERTRAND, FOX & ELLIOT
The Waterfront Building
2749 Hyde Street
San Francisco, California 94109
Telephone: [phone]
Facsimile: [phone]
Harvey E. Levine, Esq., State Bar No. 61880
City Attorney City of Fremont
3300 Capitol Avenue
PO Box 5006
Fremont, CA 94537-5006
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
CITY OF FREMONT, FREMONT TENNIS CENTER,
JEFF GONCE, JOE GRECH, ANNABELLE HOLLAND
and KELLY KING

12
13

UNITED STATES DISTRICT COURT

14

NORTHERN DISTRICT OF CALIFORNIA

15

WALTER JEFFERSON,

16

Plaintiff,

17

v.

18

THE CITY OF FREMONT, FREMONT
TENNIS CENTER, JEFF GONCE, JOE
GRECH, ANNABELLE HOLLAND, KELLY
KING and Does 1 through 10, inclusive,

19
20
21

Defendants.

Case No. 3:12-cv-00926 EMC
STIPULATION OF COUNSEL AND
[PROPOSED] ORDER TO EXTEND DEADLINE
TO COMPLETE EARLY NEUTRAL
EVALUATION AND FILE SECOND AMENDED
COMPLAINT
ORDER RESETTING CMC FROM 12/14/12 TO
2/28/13 AT 9:00 A.M.
Hon. Edward M. Chen

22
23
24
25
26
27
28
1
STIPULATION OF COUNSEL AND [PROPOSED] ORDER TO EXTEND DEADLINE
Jefferson v City of Fremont, et al.,
U.S. District Court Case No. 3:12-cv-00926 EMC

1

Defendants City of Fremont, a municipal public entity on behalf of itself and the Fremont Tennis

2

Center, Jeff Gonce, Joe Grech, Annabelle Holland, and Kelly King, and Plaintiff Walter Jefferson hereby

3

submit the following Stipulation and Proposed Order extending time to complete Early Neutral

4

Evaluation and file a second amended complaint.

5

WHEREAS on October 12, 2012, the parties appeared for hearing on Defendants’ Motion to

6

Dismiss Plaintiff’s First Amended Complaint and for case management. The Court denied defendants’

7

motion to dismiss as moot because plaintiff’s counsel told the Court that plaintiff will file a second

8

amended complaint to address the issues raised in the motion to dismiss. During the case management

9

conference, Judge Chen agreed with defense counsel that the parties would benefit and it may be a more

10

efficient use of the Court’s time for the parties to conduct early neutral evaluation. It was also suggested

11

by defense counsel that before ENE took place, plaintiff should provide a list of witnesses and an offer of

12

proof.

13
14

WHEREAS the Court then referred the parties to Early Neutral Evaluation to be completed on or
before December 11, 2012;

15

WHEREAS the Court also gave plaintiff ninety (90) days to file an amended complaint, with the

16

assumption that ENE would be completed before that date. The Court also indicated it would consider a

17

request to extend time to complete the above schedule given the holiday schedules, travel plans, and

18

litigation schedules of the parties.

19
20

WHEREAS on Monday, November 19, 2012, plaintiff provided defendants with an Informal
(Partial) List of Potential Witnesses;

21

WHEREAS the defendants need more time to review and meet and confer with plaintiff’s counsel

22

on the offer of proof and to facilitate additional limited necessary discovery so that the ENE will be

23

worthwhile and productive for all parties;

24

WHEREAS all parties to this action have agreed to extend the time to complete ENE and have

25

agreed to conduct the ENE on February 13, 2013, and the ENE Evaluator has indicated she is available to

26

conduct the ENE on that date. The parties have further agreed to extend the time for plaintiff to file a

27

second amended complaint on or before a date that is within thirty (30) days of completion of ENE.

28
2
STIPULATION OF COUNSEL AND [PROPOSED] ORDER TO EXTEND DEADLINE
Jefferson v City of Fremont, et al.,
U.S. District Court Case No. 3:12-cv-00926 EMC

1

IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS:

2

1.

The time to complete Early Neutral Evaluation shall be extended to February 13, 2013;

3

2.

Plaintiff’s second amended complaint shall be filed within thirty (30) days of completion

4
5

of the ENE.
SO STIPULATED.

6
7

Dated: November 20, 2012

BERTRAND, FOX & ELLIOT

8
9

By: /s/ Ilana Kohn
Gregory M. Fox
Ilana Kohn
Attorneys for Defendants
CITY OF FREMONT, FREMONT TENNIS
CENTER, JEFF GONCE, JOE GRECH,
ANNABELLE HOLLAND and KELLY KING

10
11
12
13
14
15

Dated: November 20, 2012

LOGAN LAW GROUP

16
17
18
19

By: /s/ Angela L. Morgan
Angela L. Morgan
Attorney for Plaintiff
WALTER JEFFERSON

20
21
22
23
24
25
26
27
28
3
STIPULATION OF COUNSEL AND [PROPOSED] ORDER TO EXTEND DEADLINE
Jefferson v City of Fremont, et al.,
U.S. District Court Case No. 3:12-cv-00926 EMC

1

ATTORNEY ATTESTATION

2

I hereby attest that I have on file all holograph signatures for any signatures indicated by a

3

“conformed” signature (/s/) within this E-filed document.

4
5

Dated: November 20, 2012

6

/s/
Ilana Kohn

7
8

ORDER

9

Pursuant to the above Stipulation of the parties by and through their respective counsel of record,

10
it is hereby ORDERED as follows:
11
1.

The time to complete Early Neutral Evaluation shall be extended to February 13, 2013;

2.

Plaintiff’s amended complaint shall be filed within thirty (30) days of completion of the

12
13
ENE.

19

RT

21

dwar
Judge E

ER

23

A

H

22

en

d M. Ch

NO

20

_________________________________________
DERED
EDWARD M. CHEN OR
S SO
IT I
IFIED
UNITED STATES DISTRICT COURT JUDGE
S MOD
A

R NIA

18

26
Dated: November ___, 2012

C

UNIT
ED

17

T
TA

RT
U
O

S

16

The CMC is reset from 12/14/12 to 2/28/13 at 9:00 a.m. A Joint CMC Statement shall
be filed by 2/21/13.
ISTRIC
IT IS SO ORDERED.
ES D
T

FO

15

3.

LI

14

N

F
D IS T IC T O
R

C

24
25
26
27
28
4
STIPULATION OF COUNSEL AND [PROPOSED] ORDER TO EXTEND DEADLINE
Jefferson v City of Fremont, et al.,
U.S. District Court Case No. 3:12-cv-00926 EMC