Kyles v. Baker et al

Filing 17

ORDER re 15 STIPULATION TO CONTINUE TRIAL DATE AND OTHER APPLICABLE DATES - Signed by Judge William H. Orrick on 07/02/2014. Discovery cutoff: 9/15/2014. Dispositive Motions to be heard by 10/22/2014. Further Case Management Conference set for 9/23/2014 02:00 PM in Courtroom 2, 17th Floor, San Francisco (Case Management Statement due by 9/16/2014). Pretrial and Trial remain unchanged. There is no need for counsel to appear at the Case Management Conference scheduled for July 8, 2014 unless there is an issue concerning any of the dates listed above. (jmdS, COURT STAFF) (Filed on 7/2/2014)

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Russell A. Robinson, 163937 Law Office of Russell A. Robinson 345 Grove Street, 1st Floor San Francisco CA 94102 TEL: 415.255.0462 FAX: 415.431.4526 rlaw345@gmail.com/rarcases@yahoo.com Counsel for Plaintiff BRUCE C. KYLES UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA BRUCE C. KYLES, Plaintiff, vs. CITY OF PITTSBURG, et al., Defendants. Case No. C-13-4695-WHO STIPULATION TO CONTINUE TRIAL DATE AND OTHER APPLICABLE DATES; ORDER [Jury Trial Demanded] Trial: January 26, 2015 TO THE HONORABLE COURT TO ALL PARTIES AND COUNSEL OF RECORD: Counsel for Plaintiff was to proceed to trial in the matter Helm v. USA (2:11-cv-01703-MCE-EFB) on December 1, 2014. That trial was to proceed in the Eastern District of California. However, the Court in the Helm matter, Honorable Morrison C. England, Jr., continued the trial thereof sua sponte to January 26, 2015, on about April 23, 2014 (Order signed April 22, 2014, but filed and served April 23, 2014). In view of the obvious conflict with the trial date in this case, Plaintiff’s counsel conferred with experts and clients in both cases affected by the calendar conflict. He then conferred with counsel in the matter now before this Court. The present schedule in this case is as follows: Case No. C-13-4695-WHO STIPULATION AND ORDER Trial: Deadline to amend/add parties: Discovery cutoff: Expert disclosure: Expert rebuttal: Expert discovery cutoff: Motions heard by: January 26, 2015 May 31, 2014 July 31, 2014 August 29, 2014 September 12, 2014 October 15, 2014 September 17, 2014 8:30 a.m. At the request of Plaintiff’s counsel, in view of the conflict posed by the change in the earlier filed case before Judge England, with regard to the several trial calendars of all involved attorneys for both Plaintiff and Defendants in this action, the parties hereto, through the undersigned counsel, stipulate as follows: Trial: Pre-trial Conference: Deadline to amend/add parties: Discovery cutoff: Expert disclosure: Expert rebuttal: Expert discovery cutoff: Motions heard by: August 17, 2015 July 6, 2015 May 31, 2014 January 30, 2015 February 27, 2015 March 13, 2015 April 3, 2015 April 8, 2015 8:30 a.m. 2:00 p.m. [No change] Date: June 20, 2014 By: /s/ Russell A. Robinson Russell A. Robinson Law Office of Russell A. Robinson Counsel for Plaintiff BRUCE C. KYLES Date: June 20, 2014 By: /s/ Dale Allen, Jr. Dale Allen, Jr. Allen, Glaessner, Hazelwood & Werth Counsel for Defendants CITY OF PITTSBURG, ET AL. Case No. C-13-4695-WHO STIPULATION AND ORDER ORDER GRANTING IN PART AND DENYING IN PART THE PARTIES’ STIPULATION TO MODIFY CASE SCHEDULE I have reviewed the Stipulation and the declaration of counsel. There is no good cause to change any of the dates previously agreed to by the parties and ordered by the Court, particularly since the trial before the Hon. Morrison C. England, Jr., referenced above, is no longer a conflict. I will not change the trial date. However, to assist the parties out of a problem of their own making, I will extend the following events to the new dates listed below: Discovery cutoff: Expert disclosure: Expert rebuttal: Expert discovery cutoff: Motions heard by: September 15, 2014 September 15, 2014 October 3, 2014 October 17, 2014 October 22, 2014 Trial remains set for January 26, 2015. The pretrial conference is set for December 15, 2014. A further Case Management Conference is set for September 23, 2014 at 2 p.m. A further Joint Case Management Statement is due on September 16, 2014. The parties shall mediate this matter by October 21, 2014; in the event the parties wish to utilize the Court’s ADR Unit for that purpose, within seven days they shall set up an appointment to schedule the mediation. In light of this Order, there is no need for counsel to appear at the Case Management Conference scheduled for July 8, 2014 unless there is an issue concerning any of the dates listed above. Date: July 2, 2014 Honorable WILLIAM H. ORRICK United States District Judge Case No. C-13-4695-WHO STIPULATION AND ORDER

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