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)

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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: (510) 839-8444; Fax: (510) 839-8424 Email: coulterpeebles@sbcglobal.net 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 ssolomon@lcwlegal.com Joy J. Chen, Bar No. 273894 jchen@lcwlegal.com 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

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