Kinstley et al v. City and County of San Francisco et al

Filing 100

STIPULATION AND ORDER TO CONTINUE NON-EXPERT DISCOVERY: Such that the new dates are as follows: Non-Expert Discovery Cutoff: 03/03/09 2009; Designation of Experts: 05/04/09; Expert Disclosures: 05/26/09; Expert Discovery Cutoff: 06/09/09. Signed by Judge Saundra Brown Armstrong, on 3/16/09. (lrc, COURT STAFF) (Filed on 3/16/2009) Modified on 3/17/2009 (jlm, COURT STAFF).

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DENNIS J. HERRERA, State Bar #139669 City Attorney JOANNE HOEPER, State Bar #114961 Chief Trial Deputy ROBERT A. BONTA, State Bar #202668 Deputy City Attorney Fox Plaza 1390 Market Street, Sixth Floor San Francisco, California 94102-5408 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Defendants CITY & COUNTY OF SAN FRANCISCO and DIANNE KENNY

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA MARIA LEE KINSTLEY and KENNETH R. KINSTLEY, Plaintiffs, vs. CITY & COUNTY OF SAN FRANCISCO, CITY OF PLEASANT HILL and DIANNE KENNY, Defendants. Case No. C 07-02323 SBA STIPULATION AND ORDER TO CONTINUE NON-EXPERT DISCOVERY CUTOFF AND EXPERT DESIGNATION AND EXPERT DISCOVERY CUTOFF DEADLINES Trial Date: September 14, 2009

The undersigned parties, through counsel and plaintiff in pro per, respectively, STIPULATE and AGREE and jointly request modification of the Court's July 11, 2008 Order for Pretrial Preparation as follows: Non-Expert Discovery Cutoff: Tuesday, March 3, 2009 (From February 6, 2009) Parties' Designation of Experts: Monday, May 4, 2009 (From March 20, 2009) Rebuttal Expert Disclosures: Tuesday, May 26, 2009 (from April 10, 2009) 1

STIPULATION AND [PROPOSED] ORDER TO CONTINUE NON-EXPERT DISCO., EXPERT DESIG. & DISCO. CUTOFF DEADLINES; USDC CASE NO. C 07-02323 SBA (Oakland)

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Expert Discovery Cutoff: Tuesday, June 9, 2009 (from May 22, 2009) All other dates, including the trial date, will remain the same. The parties make this request based on the following circumstances: Defendants had trouble taking the depositions of plaintiffs and needed the Court's assistance to do so. Based on the depositions of the plaintiffs, which were completed very near to the original fact discovery cutoff date of February 6, 2009, additional discovery was necessary. Plaintiff Mrs. Kinstley agreed to appear for independent medical examinations on February 25 and March 3. Because of the delay in the aforementioned fact discovery, additional time is needed to designate experts and complete expert discovery. The parties request continuations of the specified pretrial deadlines as set forth above. There have been no other modifications to the Court's Order for Pretrial Preparation. No other dates, besides the aforementioned, will be affected by the requested changes.

STIPULATION AND [PROPOSED] ORDER TO CONTINUE NON-EXPERT DISCO., EXPERT DESIG. & DISCO. CUTOFF DEADLINES; USDC CASE NO. C 07-02323 SBA (Oakland)

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SIGNATURE PAGE TO STIPULATION AND [PROPOSED] ORDER TO CONTINUE NONEXPERT DISCOVERY CUTOFF AND EXPERT DESIGNATION AND EXPERT DISCOVERY CUTOFF DEADLINES

Dated: March 10, 2009

DENNIS J. HERRERA City Attorney JOANNE HOEPER Chief Trial Deputy ROBERT BONTA Deputy City Attorneys -/s/ Robert BontaBy: ROBERT BONTA Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO and DIANNE KENNY

Dated: March 9, 2009 By:

-/s/ Maria Lee Kinstley MARIA LEE KINSTLEY Pro Per Plaintiff

STIPULATION AND [PROPOSED] ORDER TO CONTINUE NON-EXPERT DISCO., EXPERT DESIG. & DISCO. CUTOFF DEADLINES; USDC CASE NO. C 07-02323 SBA (Oakland)

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE NON-EXPERT DISCO., EXPERT DESIG. & DISCO. CUTOFF DEADLINES; USDC CASE NO. C 07-02323 SBA (Oakland)

ORDER Pursuant to stipulation, and for good cause appearing, IT IS ORDERED that the pre-trial deadlines be continued as follows: Non-Expert Discovery Cutoff: Tuesday, March 3, 2009 Parties' Designation of Experts: Monday, May 4, 2009 Rebuttal Expert Disclosures: Tuesday, May 26, 2009 Expert Discovery Cutoff: Tuesday, June 9, 2009 All other dates, including the trial date, will remain the same.

DATED: 3/16/09

Hon. Saundra B. Armstrong U.S. District Judge

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PROOF OF SERVICE I, FOLASHADE ADESANWO, declare as follows: I am a citizen of the United States, over the age of eighteen years and not a party to the aboveentitled action. I am employed at the City Attorney's Office of San Francisco, Fox Plaza Building, 1390 Market Street, Fifth Floor, San Francisco, CA 94102. On March 13, 2009 I served the following document(s): STIPULATION AND [PROPOSED] ORDER TO CONTINUE NON-EXPERT DISCOVERY CUTOFF AND EXPERT DESIGNATION AND EXPERT DISCOVERY CUTOFF DEADLINES on the following persons at the locations specified: Maria Lee Kinstley P.O. Box 126 Walnut Creek, CA 94597 Phone: [phone] or [phone] Fax: [phone] Email: [e-mail] PRO SE *Served via US MAIL in the manner indicated below: BY UNITED STATES MAIL: Following ordinary business practices, I sealed true and correct copies of the above documents in addressed envelope(s) and placed them at my workplace for collection and mailing with the United States Postal Service. I am readily familiar with the practices of the San Francisco City Attorney's Office for collecting and processing mail. In the ordinary course of business, the sealed envelope(s) that I placed for collection would be deposited, postage prepaid, with the United States Postal Service that same day. I declare under penalty of perjury pursuant to the laws of the State of California that the foregoing is true and correct. Executed March 13, 2009, at San Francisco, California. /s/ FOLASHADE ADESANWO

STIPULATION AND [PROPOSED] ORDER TO CONTINUE NON-EXPERT DISCO., EXPERT DESIG. & DISCO. CUTOFF DEADLINES; USDC CASE NO. C 07-02323 SBA (Oakland)

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