Ballestrasse v. Sessions

Filing 67

ORDER by Magistrate Judge Sallie Kim granting 65 Stipulation Extending Case Schedule. Close of Expert Discovery is 4/5/2019. Final Pretrial Conference set for 8/23/2019 01:30 PM in San Francisco, Courtroom C, 15th Floor. Jury Selection set for 9/24/2019 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Jury Trial set for 9/24/2019 01:30 PM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Motion for Summary Judgment set for 6/24/2019 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. (sklc2S, COURT STAFF) (Filed on 12/21/2018)

1 ALEX G. TSE (CABN 152348)
United States Attorney
2 SARA WINSLOW (DCBN 457643)
Chief, Civil Division
3 JULIE BIBB DAVIS (CABN 184957)
ALISON E. DAW (CABN 137026)
4 Assistant United States Attorneys
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450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
Julie Bibb Davis Phone: [phone]
Alison E. Daw Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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10 Attorneys for Defendant Matthew G. Whitaker
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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PAUL A. BALLESTRASSE,

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Plaintiff,
v.
MATTHEW G. WHITAKER1, ACTING
UNITED STATES ATTORNEY GENERAL
Defendant.

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CASE NO. 17-CV-01875 SK
STIPULATION TO CONTINUE CASE
SCHEDULE; ORDER APPROVING
Honorable Sallie Kim

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The parties have been working diligently on this complex employment case. Fact discovery is

22 closed, expert reports have been exchanged, and only two expert depositions remain. Given unexpected
23 demands on counsels’ time, the likelihood of a government shutdown (during which time defense
24 counsel would be prohibited from working on this matter), and a seriously ill family member, counsel
25 respectfully request that the Court continue the remaining deadlines in this case, including the trial date,
26 by three months. The parties also request that time be allocated after summary judgment for a
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Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Acting Attorney General
Matthew G. Whitaker is automatically substituted for his predecessor in office.
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1 settlement conference with Judge Ryu prior to the deadline for submission of pre-trial papers.
2 Specifically, the parties are requesting the following schedule changes:
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1. Expert discovery cut-off is currently January 4, 2019. The parties request that it be

4 continued to April 5, 2019.
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2. Opening brief for summary judgment is due January 18, 2019. The parties request that the

6 due date for the opening brief be continued to April 29, 2019, three weeks after closure of expert
7 discovery.
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3. The opposition and cross-motion for summary judgment (if any) is currently due February

9 1, 2019. The parties request that the due date be continued to May 20, 2019.
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4. The opposition to cross-motion and reply to original motion is due February 15, 2019. The

11 parties request that it be continued to June 3, 2019.
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5. The reply in support of the cross-motion is due February 25, 2019. The parties request that

13 the due date be continued to June 10, 2019.
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6. The hearing on the cross motions for summary judgment is currently scheduled for March

15 11, 2019. The parties request that the hearing be continued to June 24, 2019.
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7. The parties request a deadline of July 19, 2019 to complete a settlement conference with

17 Judge Ryu.
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8. The pretrial conference is currently scheduled for May 29, 2019. The parties request that

19 the pretrial conference be continued to August 23, 2019.
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9. Trial is currently scheduled to begin on June 18, 2019. The parties request that it be

21 continued to September 24, 2019, or as soon thereafter as can be accommodated on the Court’s
22 schedule.
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IT IS SO STIPULATED.

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STEWART & MUSELL, LLP

25 DATED: December 20, 2018

/s/ Wendy E. Musell2
WENDY E. MUSELL

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I, Alison E. Daw, hereby attest that I have been authorized to submit the electronic signature
indicated by a “conformed” signature (/s/) within this e-filed document.

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Attorneys for Plaintiff

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ALEX G. TSE
United States Attorney

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DATED: December 20, 2018

/s/ Alison E. Daw
ALISON E. DAW
JULIE BIBB DAVIS
Assistant United States Attorneys
Attorneys for Defendant

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ORDER

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Pursuant to the stipulation of the parties, and good cause appearing therefor, the Court hereby

12 continues the case scheduling order as follows:
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1. Expert discovery cut-off shall be April 5, 2019.

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2. Opening brief for summary judgment is April 29, 2019.

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3. The opposition and cross-motion for summary judgment (if any) is due May 20, 2019.

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4. The opposition to cross-motion and reply to original motion is due June 3, 2019.

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5. The reply in support of the cross-motion is due June 10, 2019.

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6. The hearing on the cross motions for summary judgment shall take place on June 24, 2019

19 at 9:30 a.m.
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7. The parties shall complete a settlement conference with Judge Ryu no later than July 19,

21 2019.
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8. The pretrial conference is scheduled for August 23, 2019 at 1:30 p.m.

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9. Trial will begin on September 24, 2019, at 9:30 a.m., or as soon thereafter as can be

24 accommodated on the Court’s schedule.
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IT IS SO ORDERED.

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27 DATED: December 21, 2018
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______________________________________
SALLIE KIM
United States Magistrate Judge

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