Ali v. Cooper, et al.,

Filing 42

STIPULATION AND ORDER re #41 TO CONTINUE CASE MANAGEMENT CONFERENCE AND FOR PLAINTIFF TO FILE SECOND AMENDED COMPLAINT filed by Kara Korbel, Janet Basta, Lynette Jordan, Vanessa Cooper, Alameda Housing Authority. Case Management Statement due by 6/21/2018. Further Case Management Conference reset for 6/28/2018 10:30 AM in San Francisco, Courtroom 05, 17th Floor. Signed by Judge Edward M. Chen on 3/7/18. (bpf, COURT STAFF) (Filed on 3/7/2018)

1
2
3
4
5

JACQUELINE COULTER-PEEBLES SBN 92134
ATTORNEY AT LAW
THE BAY BRIDGE CENTER
5801 CHRISTIE AVE., SUITE 260
EMERYVILLE, CALIFORNIA 94608
Phone: [phone]; Fax: [phone]
Email: [e-mail]
Attorney for Plaintiff
ISLAH ALI

6
7
8
9
10

Liebert Cassidy Whitmore
A Professional Law Corporation
135 Main Street, 7th Floor
San Francisco, California 94105

11
12
13

Suzanne Solomon, Bar No. 169005
[e-mail]
Joy J. Chen, Bar No. 273894
[e-mail]
LIEBERT CASSIDY WHITMORE
A Professional Law Corporation
135 Main Street, 7th Floor
San Francisco, California 94105
Telephone:
415.512.3000
Facsimile:
415.856.0306
Attorneys for Defendants
HOUSING AUTHORITY OF THE CITY OF ALAMEDA,
VANESSA COOPER, JANET BASTA, KARA KORBEL and
LYNETTE JORDAN

14
15

UNITED STATES DISTRICT COURT

16

NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO
Case No.: 3:17-cv-03658-EMC

Islah Ali,
17

Plaintiff,
18

Complaint Filed: June 26, 2017
FAC Filed: March 2, 2018

v.
19
20

Housing Authority of the City of
Alameda, Vanessa Cooper, Janet Basta,
Kara Korbel and Lynette Jordan,

STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE AND FOR
PLAINTIFF TO FILE SECOND AMENDED
COMPLAINT

21
Defendant.
22

Date:
March 15, 2018
Time:
10:30 AM
Courtroom: Courtroom 5, 17th Floor

23
24
25
26
27

Plaintiff ISLAH ALI (“Plaintiff”) and Defendants HOUSING AUTHORITY OF THE
CITY OF ALAMEDA (“AHA”), VANESSA COOPER, JANET BASTA, KARA KORBEL and
LYNETTE JORDAN (collectively “Defendants”), by and through their counsel of record, hereby
stipulate and move for a continuance of the Further Case Management Conference, and

28

1
STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND
FOR PLAINTIFF TO FILE SECOND AMENDED COMPLAINT; 3:17-cv-03658-EMC

30
31

8473184.2 AL125-009

1

corresponding filing deadlines, given Plaintiff’s plan to file a Second Amended Complaint in this

2

matter, as follows:

3

1.

WHEREAS, Defendants’ Motion to Dismiss Plaintiff’s Complaint came on for

4

hearing on January 19, 2018, and on January 30, 2018, the Court issued an Order granting

5

Defendants’ Motion to Dismiss, with leave to amend, and allowed Plaintiff to file a First

6

Amended Complaint within 30 days (by March 1, 2018).

7

2.

WHEREAS, on March 2, 2018, Plaintiff filed a First Amended Complaint.

8

3.

WHEREAS, on March 5, 2018, Plaintiff’s counsel (Jacqueline Coulter-Peebles)

9

informed Defense counsel (Suzanne Solomon of Liebert Cassidy Whitmore) that new counsel
will substitute into the matter to represent Plaintiff and that Plaintiff’s new counsel would like to

11
Liebert Cassidy Whitmore
A Professional Law Corporation
135 Main Street, 7th Floor
San Francisco, California 94105

10

file a Second Amended Complaint.

12

4.

WHEREAS, on March 5, 2018, during the telephonic meet and confer, Defense

13

counsel stated that Defendants have no objection to Plaintiff’s new counsel filing a Second

14

Amended Complaint, because Defendants had been planning to file a Motion to Dismiss portions

15

of Plaintiff’s First Amended Complaint.

16

5.

WHEREAS, the parties agree that Plaintiff’s filing of a Second Amended

17

Complaint would be in the interests of judicial economy, and that the Second Amended

18

Complaint should be filed on or before April 6, 2018.

19

6.

WHEREAS, the parties believe that conducting the Initial Case Management

20

Conference, which is currently scheduled for March 15, 2018, and exchanging initial disclosures

21

by the current deadline of March 8, 2018, would not be in the interests of judicial economy

22

because the pleadings are not settled and the Second Amended Complaint is likely to vary

23

significantly from the First Amended Complaint The parties wish to minimize the unnecessary

24

expenditure of time and resources and agree that it would be premature to develop a cogent

25

litigation plan given the issues associated with representation of the Plaintiff and the unsettled

26

pleadings in this case.

27

7.

Prior to Defendants’ being served, the Court rescheduled the Initial Case

28

2
STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND
FOR PLAINTIFF TO FILE SECOND AMENDED COMPLAINT; 3:17-cv-03658-EMC

30
31

8473184.2 AL125-009

Management Conference from September 27, 2017 to October 31, 2017 (Docket 11), then

2

rescheduled it to November 14, 2017 (Docket 13), presumably because Plaintiff had not served

3

the Complaint on Defendants. Upon Defendants’ declination to proceed before a Magistrate

4

Judge, this case was reassigned to Hon. Edward M. Chen, who issued the December 12, 2017,

5

Case Management Conference Order, setting the Initial Case Management Conference for

6

January 18, 2018. (Docket 23.) The Court thereafter granted the parties’ Stipulation to Continue

7

the Case Management Conference and reset the conference to March 1, 2018 in light of

8

Defendants’ pending Motion to Dismiss portions of Plaintiff’s Complaint that would potentially

9

dispose of many issues in the case. (Docket 25.) Upon hearing, the Court granted Defendant’s

10

Motion to Dismiss Plaintiff’s Complaint, with leave to amend, and reset the Case Management

11
Liebert Cassidy Whitmore
A Professional Law Corporation
135 Main Street, 7th Floor
San Francisco, California 94105

1

Conference to March 15, 2018. (Docket 28.)

12

8.

WHEREAS, the parties know of no prejudice that will result as a result of the

13

jointly requested continuance, as granting additional time will not have any impact on the case

14

schedule since the pleadings are not yet settled and not trial date has been set.

15

IT IS HEREBY STIPULATED, pursuant to Local Rule 6-2 and the accompanying

16

Declaration of Suzanne Solomon, between Plaintiff ISLAH ALI and Defendants HOUSING

17

AUTHORITY OF THE CITY OF ALAMEDA, VANESSA COOPER, JANET BASTA, KARA

18

KORBEL and LYNETTE JORDAN, as follows:

19

1.

That Plaintiff is to file and serve a Second Amended Complaint by April 6, 2018.

20

2.

That the Initial Case Management Conference be continued to June 28, 2018, or

21

the next available date thereafter, and that the dates flowing from that conference be continued as

22

follows:

23

June 14, 2018

24
25

Discovery Plan.
June 21, 2018

26
27

Deadline to file Rule 26(f) Report, complete Initial Disclosures, and
file Case Management Conference Statement.

IT IS SO STIPULATED.

28

3
STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND
FOR PLAINTIFF TO FILE SECOND AMENDED COMPLAINT; 3:17-cv-03658-EMC

30
31

Deadline to meet and confer re: Initial Disclosures, ADR, and

8473184.2 AL125-009

1

Dated: March 6, 2018

JACQUELINE COULTER-PEEBLES

2
By: _ /s/ Jacqueline Coulter-Peebles _______
Jacqueline Coulter-Peebles
Attorney for Plaintiff ISLAH ALI

3
4
5
Dated: March 6, 2018

LIEBERT CASSIDY WHITMORE

6
7

By: /s/ Suzanne Solomon_________________
Suzanne Solomon
Attorneys for Defendants HOUSING
AUTHORITY OF THE CITY OF
ALAMEDA, VANESSA COOPER, JANET
BASTA, KARA KORBEL and LYNETTE
JORDAN

8
9
10

12
13
[PROPOSED] ORDER

14
15

PURSUANT TO STIPULATION, IT IS SO ORDERED, THAT:

16

1.

Plaintiff is to file and serve a Second Amended Complaint (“SAC”) by April 6,

2.

The Further Case Management Conference is continued to June 28, 2018, at 10:30

17
18
19
20
21
22

2018;

a.m., before the Hon. Edward M. Chen, in Courtroom 5, 17th Floor;
3.

The Parties must meet and confer re: Initial Disclosures, ADR, and Discovery Plan

by June 14, 2018; and
4.

The Parties must file a Rule 26(f) Report, complete Initial Disclosures and file

23

Case Management Conference Statements on or before June 21, 2018.

24

7
Dated: March _____, 2018
S

HONORABLE EDWARD M. CHEN

FO

LI

ER

H

4

RT

28

R NIA

. Chen

dward M
Judge E

NO

27

ERED

O ORD

IT IS S

A

26

N

F

C

D IS T IC T O
STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND
R
FOR PLAINTIFF TO FILE SECOND AMENDED COMPLAINT; 3:17-cv-03658-EMC

30
31

ISTRIC
ES D
TC
AT
T

RT
U
O

25

UNIT
ED

Liebert Cassidy Whitmore
A Professional Law Corporation
135 Main Street, 7th Floor
San Francisco, California 94105

11

8473184.2 AL125-009