Olsen et al v. United States

Filing 36

ORDER, Motions terminated: 35 STIPULATION WITH PROPOSED ORDER to Continue Further Case Management Conference filed by United States. Further Case Management Conference set for 1/29/2016 03:00 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 11/17/15. (tfS, COURT STAFF) (Filed on 11/17/2015)

1
2
3
4
5

BRIAN J. STRETCH (CABN 163973)
United States Attorney
ALEX G. TSE (CABN 152348)
Chief, Civil Division
MARK R. CONRAD (CABN 255667)
Assistant United States Attorney
450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
Telephone: [phone]
Fax: [phone]
[e-mail]

6
7
8
9
10
11
12
13
14
15

Attorneys for Defendant
Clayeo C. Arnold (SBN 65070)
Anthony M. Ontiveros (SBN 152758)
Kiersta D. Perlee (SBN 187675)
CLAYEO C. ARNOLD
A PROFESSIONAL LAW CORPORATION
865 Howe Avenue
Sacramento, CA 95825
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]

16
UNITED STATES DISTRICT COURT

17

NORTHERN DISTRICT OF CALIFORNIA

18

SAN FRANCISCO DIVISION

19
20
21

SAMARN OLSEN and
NEOLANI OLSEN-RODRIGUEZ,

22
23
24
25

Plaintiffs,
v.
UNITED STATES OF AMERICA,
Defendant.

26
27
28
STIP TO CONT. 30(b)(6) DEADLINE
Case No. C 14-05601 SI

)
)
)
)
)
)
)
)
)
)
)
)

CASE NO. C 14-05601 SI
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE FURTHER
CASE MANAGEMENT CONFERENCE

WHEREAS, a further case management conference has been scheduled in the above-captioned

1

2 matter for Friday, November 20, 2015, see Dkt. No. 34;
WHEREAS, mediation has been scheduled in the above-captioned matter to be held on January

3

4 21, 2016, see Dkt. No. 28;
WHEREAS, the parties are currently actively engaged discovery, including with respect to issues

5

6 regarding the design and construction of the walkway and stairs around Building AB-4 on the VA
7 campus in Martinez, California, where the accident giving rise to this lawsuit occurred;
WHEREAS, a deposition pursuant to Rule 30(b)(6) is scheduled to occur on November 30,

8

9 2015, regarding the construction and design of the stairs;
WHEREAS, Defendant anticipates that documents and testimony provided on these subjects will

10

11 disclose information about third parties with whom Defendant contracted with respect to the design and
12 construction of the stairs and ramps at issue in this case;
WHEREAS, discovery on these issues is potentially relevant to the dispositive defense that the

13

14 United States has asserted under the independent-contractor exception to the Federal Tort Claims Act,
15 28 U.S.C. § 2671, see Dkt. No. 17 at 3;
WHEREAS, discovery on these issues may also raise the possibility that Plaintiff and/or

16

17 Defendant will seek further information from and/or seek leave to add such additional third parties to
18 this litigation, see Dkt. No. 18 at 3;
WHEREAS, the parties respectfully submit that a further case management conference is likely

19

20 to be more productive after such discovery has been exchanged and the parties have had an opportunity
21 to develop the factual record on these issues, including with respect to the potential involvement of
22 additional parties in the litigation;
23 //
24 //
25 //
26 //
27 //
28 //
STIP TO CONT. 30(b)(6) DEADLINE
Case No. C 14-05601 SI

-1-

1

NOW, THEREFORE, the parties hereby stipulate and agree that the further case management

2 conference in this matter should be continued to January 29, 2016, or the first date thereafter when the
3 Court is available.
4
5

Respectfully submitted,

6 DATED: November 17, 2015

BRIAN J. STRETCH
Acting United States Attorney

7
8

/s/ Mark R. Conrad
MARK R. CONRAD
Assistant United States Attorney

9
10
11
12 DATED: November 17, 2015

CLAYEO C. ARNOLD
A Professional Law Corporation

13
14
/s/ Anthony M. Ontiveros
ANTHONY M. ONTIVEROS
Attorney for Plaintiffs

15
16
17

18 PURSUANT TO STIPULATION IT IS SO ORDERED. The further case management conference in
19 the above-captioned matter shall be and hereby is continued until January 29, 2016. The parties shall
20 file a further joint case management statement not later than January 22, 2016.
21
22 Date: ________________________
11/17/15
23

_________________________________________
HON. SUSAN ILLSTON
United States District Court Judge

24
25
26
27
28
STIP TO CONT. 30(b)(6) DEADLINE
Case No. C 14-05601 SI

-2-