Filing 79

STIPULATION AND ORDER re 78 Joint Case Management Statement filed by United States. Signed by Magistrate Judge Elizabeth D. Laporte on 10/23/2017. (rmm2S, COURT STAFF) (Filed on 10/23/2017)

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1 BRIAN J. STRETCH (CABN 163973) United States Attorney 2 SARA WINSLOW (DCBN 457643) Chief, Civil Division 3 JENNIFER S WANG (CABN 233155) Assistant United States Attorney 4 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 5 Telephone: (415) 436-6967 FAX: (415) 436-6748 6 7 Attorneys for Defendant 8 The United States of America 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 SAYED EMRAN, 13 Plaintiff, 14 v. 15 UNITED STATES OF AMERICA, 16 Defendant. 17 18 19 ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 3:15-CV-4023 EDL JOINT REQUEST FOR A CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER SETTING A CASE MANAGEMENT CONFERENCE 20 Pursuant to Local Rule 7-11, defendant United States of America and plaintiff Sayed Emran, jointly 21 request that the Court set a case management conference. 22 An initial case management conference was held on June 14, 2016. At that time, motions to dismiss 23 filed by defendant United States and by other co-defendants who have been dismissed from this action 24 were pending before the Court. Given that the parties anticipated the possibility of more than one round 25 of motions to dismiss, the parties did not propose case management dates at that time, and instead, 26 requested permission to propose dates after the pleadings were settled. See ECF No. 36 at ¶ 17. At the 27 June 14, 2016 case management conference, the Court set deadlines for the exchange of initial 28 JOINT REQUEST FOR CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER Case No.: 3:15-CV-4023 EDL 1 1 disclosures and amendment of the pleadings, and referred the matter for mediation through the Court’s 2 ADR department. See ECF No. 38. No further case management deadlines were set. 3 The Court addressed several rounds of motions related to plaintiff’s complaint, first amended 4 complaint, and second amended complaint. On January 6, 2017, the Court issued an order denying in 5 part and granting in part defendant United States’ motion to dismiss certain claims in the second 6 amended complaint. See ECF No. 74. Defendant United States has answered the second amended 7 complaint. 8 On February 22, 2017, the parties conducted mediation through the Court’s ADR program. The 9 parties completed their mediation efforts without resolution. 10 The parties respectfully request the scheduling of a case management conference so that the parties 11 may discuss with the Court a proposed discovery plan, and the setting of deadlines for discovery and 12 dispositive motions in this action. No further case management conferences have been held in this 13 matter since the pleadings were finalized. No discovery cut-offs, or other deadlines, have been set. 14 For the above stated reasons, the parties request that the Court set a case management conference so 15 that a case management order can be issued. The parties propose that the Court set a case management 16 conference for November 14, 2017, and that the parties submit their joint case management statement, 17 including proposed schedules for the case, by November 7, 2017. 18 19 Dated: October 20, 2017 Respectfully submitted, 20 BRIAN J. STRETCH United States Attorney 21 /s/ JENNIFER S WANG Assistant United States Attorney 22 23 24 Dated: October 20, 2017 25 26 27 /s/ WILLIAM E. KING Attorney for Plaintiff Sayed Emran 28 JOINT REQUEST FOR CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER Case No.: 3:15-CV-4023 EDL 2 [PROPOSED] ORDER 1 2 3 The Court hereby sets a case management conference for November 14, 2017 at 10:00 a.m. A joint 4 case management statement must be filed by November 7, 2017. 5 IT IS SO ORDERED. 6 October 23, 2017 7 DATED: ____________________ 8 ______________________________ ELIZABETH D. LAPORTE United States Magistrate Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT REQUEST FOR CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER Case No.: 3:15-CV-4023 EDL 3

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