Tindle et al v. City of Daly City et al

Filing 110

ORDER by Judge Haywood S. Gilliam, Jr. Granting 109 Stipulation TO EXTEND FACT DISCOVERY. (ndrS, COURT STAFF) (Filed on 10/15/2015)

7

STEPHEN J. AKERLEY (No. 160757)
JEFFREY T. FISHER (No. 303712)
ADRIAN KWAN (No. 300032)
VANDYA L. SWAMINATHAN (No. 287896)
DECHERT LLP
2440 W. El Camino Real, Suite 700
Mountain View, California 94040-1499
Telephone: [phone]
Facsimile: 650/813-4848
[e-mail]
[e-mail]
[e-mail]
[e-mail]

8

Counsel for Plaintiff, Sahleem Tindle et al.

1
2
3
4
5
6

9
10

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

11
12
13

SAHLEEM TINDLE, et al.,

Case No. 13-cv-02449-HSG (DMR)

Plaintiffs,

14
v.

STIPULATION AND ORDER TO
EXTEND FACT DISCOVERY

15
CITY OF DALY CITY, et al.,
16
Defendants.
17
18

The parties believe it would be beneficial to extend fact discovery so that the parties can

19

schedule the remaining depositions. The parties believe the following facts establish good cause

20

for the length of the proposed extensions.

21

1.

The parties filed a Joint Discovery Letter Brief (D.I. 98) with the Court on August

22

13, 2015 requesting adjudication of a discovery dispute concerning production of sensitive

23

documents within the possession, custody, and control of the Defendants.

24
25
26
27
28

2.

The discovery dispute was referred to Magistrate Judge Donna M. Ryu, who

scheduled a Motion Hearing on August 27, 2015 (D.I. 100).
3.

Judge Ryu issued an order granting Plaintiffs’ Motion to Compel subject to the

entry of a stipulated protective order (D.I. 104) on September 15, 2015.
4.

The parties worked diligently on a protective order, which was filed with the Court

1
2

on October 1, 2015.
5.

Defendants have not yet produced the materials ordered by Judge Ryu on

3

September 15 because the order conditioned production on entry of the protective order.

4

Plaintiffs have therefore had no opportunity to review those documents, and desire the

5

opportunity to review those documents in advance of the depositions of Defendants Hart and

6

Busalacchi. The parties believe the two month extension would give adequate time for

7

Defendants to produce the ordered materials, for Plaintiffs to review them, and for the parties to

8

schedule and execute the subsequent depositions.

9

6.

In addition, Defendants have been seeking the deposition of all Plaintiffs in this

10

action since June of 2015. Despite the parties’ best efforts, scheduling conflicts have kept

11

Defendants from securing deposition dates. Currently, the first available dates for deposition of

12

Plaintiffs are October 19, 2015, which is beyond the present discovery cut-off.

13

The parties hereby agree, subject to the Court’s approval, that the Order Setting Case

14

Schedule entered on March 18, 2015 (D.I. 86) and the Scheduling Order entered on August 6,

15

2015 (D.I. 97) is further amended as follows:

16

1.

The deadline for all fact discovery is extended until or before December 9, 2015.

17

2.

The deadline for the last day to add new parties to the complaint is extended until

18

or before December 23, 2015.

19

3.

20

January 6, 2016.

21

4.

22
23
24
25
26
27

The deadline for expert designations in this case is extended until or before

The deadline for the close of expert discovery in this case is extended until or

before March 8, 2016.
5.

The deadline for the last day to file dispositive motions in this case is extended

until or before April 5, 2016.
6.

The deadline for the pretrial conference in this case is extended until or before

June 27, 2016.
7.

The deadline for trial in this case is extended until or before July 11, 2016.

28
2

1

8.

For convenience, the following table sets forth the case deadlines set in the Order

2

Setting Case Schedule (D.I. 86), the Scheduling Order (D.I. 97), and the deadlines as modified by

3

this Order:

4

Event

5

Prior
Deadline

Current
Deadline

New
Deadline

6

Close of Fact Discovery

Sept. 11, 2015

Oct. 9, 2015

Dec. 9, 2015

7

Last Day to Add New Parties to
Complaint

Sept. 25, 2015

Oct. 23, 2015

Dec. 23, 2015

Expert Designations

Oct. 23, 2015

Nov. 6, 2015

Jan. 6, 2016

10

Close of Expert Discovery

Dec. 18, 2015

Jan. 8, 2016

Mar. 8, 2016

11

Last Day to File Dispositive
Motions

Feb. 5, 2016

Feb. 5, 2016

Apr. 5, 2016

Pretrial Conference

Apr. 26, 2016

Apr. 26, 2016

Jun. 27, 2016

Trial

May 9, 2016

May 9, 2016

July 11, 2016

8
9

12
13
14
15
16

Dated: October 15, 2015

By:

17
18
19
20
21
22

/s/ Jeffrey T. Fisher
Stephen J. Akerley
Jeffrey T. Fisher
Adrian Kwan
Vandya Swaminathan
DECHERT LLP
2440 W. El Camino Real, Suite 700
Mountain View, California 94040
Telephone: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiffs

23

27

/s/ Todd H. Master
Todd H. Master
HOWARD ROME MARTIN &
RIDLEY LLP
1775 Woodside Road, Suite 200
Redwood City, California 94061-3436
Telephone: [phone]
[e-mail]

28

Attorneys for Defendants

24

Dated: October 15, 2015

By:

25
26

3

FILER’S ATTESTATION

1
2
3

I attest that concurrence in the electronic filing of this document has been obtained from
Defendants’ counsel.

4
5

Dated: October 15, 2015

By:

6
7
8
9

/s/ Jeffrey T. Fisher
Jeffrey T. Fisher
DECHERT LLP
2440 W. El Camino Real, Suite 700
Mountain View, California 94040
Telephone: [phone]
[e-mail]
Attorney for Plaintiffs

10
11
12

PURSUANT TO STIPULATION on this 15th day of October, 2015, IT IS SO ORDERED
except that the pretrial conference will be held on June 28, 2016, at 3:00 p.m. and jury trial
will begin on July 25, 2016, at 8:30 a.m.

13
14
15

______________________________________
HAYWOOD S. GILLIAM JR.
United States District Judge

16
17
18
19
20
21
22
23
24
25
26
27
28
4