Kirola et al v. City & County of San Francisco, The et al

Filing 219

STIPULATION AND ORDER re 216 Stipulation,, filed by City & County of San Francisco, The, Ross Mirkarimi, Ivana Kirola, Craig Yates, Michela Alioto-Pier, Jake McGoldrick, Sophie Maxwell, Tom Ammiano, Aaron Peskin, Bevan Dufty, Gerardo Sandoval, Gavin Newsom, Ed Jew, Sean Elsbernd, Michael Kwok, Elizabeth Elftman, Chris Daly. Signed by Judge Edward M. Chen on 3/29/10. (bpf, COURT STAFF) (Filed on 3/29/2010)

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DENNIS J. HERRERA, State Bar #139669 City Attorney DANNY CHOU, State Bar # 180240 Chief of Complex and Special Litigation JAMES M. EMERY, State Bar #153630 ELAINE M. O'NEIL, State Bar #142234 Deputy City Attorneys Fox Plaza 1390 Market Street, Seventh Floor San Francisco, California 94102-5408 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO, ET AL. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA IVANA KIROLA, MICHAEL KWOK, and ELIZABETH ELFTMAN, on behalf of themselves and all others similarly situated, Plaintiffs, vs. THE CITY AND COUNTY OF SAN FRANCISCO ("the CITY"); GAVIN NEWSOM, in his official capacity as Mayor; AARON PESKIN, in his official capacity as President of the Board of Supervisors; JAKE MCGOLDRICK, MICHELA ALIOTOPIER, ED JEW, CHRIS DALY, SEAN ELSBERND, BEVAN DUFTY, TOM AMMIANO, SOPHIE MAXWELL, ROSS MIRKARIMI, AND GERARDO SANDOVAL, in their official capacities as members of the Board of Supervisors, Defendants. Case No. C07-3685 SBA (EMC) CLASS ACTION STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR SAN FRANCISCO TO COMPLETE EXPERT DISCOVERY FROM PLAINTIFFS Courtroom: C, 15th Floor Judge: Magistrate Judge Edward M. Chen Trial Date: May 24, 2010 Merits Discovery Cutoff: March 31, 2010 Expert Discovery Cutoff: March 26, 2010 Complaint Filed: July 17, 2007

Stipulation and [Proposed] Order CASE NO. C07-3685 SBA

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WHEREAS plaintiffs, for legitimate reasons beyond their control, postponed depositions for its experts Paul Regan, Gary Waters, Jeff Mastin and Peter Margen and defendant's expert William Hecker, and the parties were unable to reschedule these depositions to be completed prior to the expert discovery deadline of March 26, 2010; WHEREAS the City and County of San Francisco ("the City") desires to take the deposition of each of plaintiffs' designated experts and plaintiffs desire to take the deposition of each of the City's designated experts; IT IS HEREBY STIPULATED by and between the parties to this action, through their respective counsel, as follows: 1. The City is authorized to conduct expert depositions of plaintiffs' designated experts

Paul Regan, Gary Waters, Jeff Mastin and Peter Margen on or before April 16, 2010; 2. Plaintiffs shall make its designated experts Paul Regan, Gary Waters, Jeff Mastin and

Peter Margen available for deposition on or before April 16, 2010; 3. The plaintiffs are authorized to take Mr. Hecker's deposition on or before April 16,

2010, and the City shall make Mr. Hecker available for deposition on or before April 16, 2010; 4. The parties will cooperate reasonably in scheduling each of these five outstanding

expert depositions; and 5. Plaintiffs shall pay for Mr. Hecker's transportation and lodging incurred in connection

with his rescheduled deposition and not seek reimbursement therefor from the City. /// ///

Stipulation and [Proposed] Order CASE NO. C07-3685 SBA

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SO STIPULATED, DATED: March 26, 2010 SCHNEIDER WALLACE COTTRELL BRAYTON KONECKY

By:

/s/ Mark T. Johnson Attorneys for Plaintiffs

DATED: March 26, 2010 DENNIS J. HERRERA City Attorney JAMES M. EMERY Chief of Complex Litigation

By:

/s/ James M. Emery Chief of Complex Litigation Attorneys for Defendants City and County of San Francisco, et al.

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Stipulation and [Proposed] Order CASE NO. C07-3685 SBA

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_________________________________ HONORABLE EDWARD M. RDERED CHEN OO United States Magistrate Judge IT IS S

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Pursuant to stipulation and good cause appearing, it is so ORDERED. S DISTRICT 29 TE C Dated: March ___, 2010 TA

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