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

Filing 63

STIPULATION AND AMENDED CASE MANAGEMENT SCHEDULING ORDER: Bench Trial set for 5/24/2010 08:30 AM.. Signed by Judge ARMSTRONG on 6/11/09. (lrc, COURT STAFF) (Filed on 6/12/2009)

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Guy B. Wallace, State Bar No. 176151 Mark T. Johnson, State Bar No. 76904 Christian Schreiber, State Bar No. 245597 SCHNEIDER WALLACE COTTRELL BRAYTON KONECKY LLP 180 Montgomery Street, Suite 2000 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs

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 ALIOTO-PIER, 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 4:07-cv-03685 SBA

STIPULATION AND AMENDED ORDER RE CONTINUING TRIAL DATE AND MODIFYING PRETRIAL SCHEDULE

STIPULATION & [proposed] ORDER RE SCHEDULE Case No 4:07-cv-03685 SBA

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STIPULATION Whereas, Plaintiffs' lead trial counsel, Guy B. Wallace, has been unavailable to work on this matter during the first four months of 2009 due to family medical emergencies, and has been out of the office on leave during that time; Whereas, Mr. Wallace's circumstances are described in his accompanying Declaration submitted in support of this proposed Stipulation and Order; and, Whereas the unavailability of Guy Wallace has resulted in a substantial impairment of Plaintiffs' ability to conduct discovery and engage in pretrial preparation; IT IS HEREBY STIPULATED by and between the parties, through their counsel of record, that the current pretrial and trial schedule be continued as set forth below. The schedule has been continued once previously herein, and the parties do not anticipate seeking further adjustment. The parties propose the following modification to the pretrial and trial schedule in this matter: Current Date October 23, 2009 August 7, 2009 October 23, 2009 Proposed Date February 26, 2010 December 11, 2009 March 12, 2010 April 6, 2010 @ 1:00 p.m. May 11, 2010 @ 1:00 p.m. April 20, 2010 April 20, 2010 April 27, 2010 May 4, 2010

Last Day for motions to be heard, including dispositive motions December 15, 2009 @ 1:00 p.m. Pretrial Conference Joint Pretrial Statement Trial Brief Motions in Limine & Objections to Evidence February 9, 2010 @ 1:00 p.m. January 19, 2010 January 19, 2010 January 26, 2010

Response to Motions In Limine February 2, 2010 & Objections to Evidence Trial February 22, 2010 @ 8:30 a.m.

May 21, 2010 @ 8:30 a.m.

[proposed] ORDER CONTINUING TRIAL DATE AND MODIFYING PRETRIAL SCHEDULE PURSUANT TO STIPULATION

C07-3685 SBA

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A settlement conference with Magistrate Judge James has been set for July 28, 2009 at 10 a.m. The parties have previously attended two mediation sessions with Judge Chiantelli (Ret.) and anticipate continuing efforts to resolve this matter through settlement.

Respectfully submitted, Dated: June 10, 2009 SCHNEIDER WALLACE COTTRELL BRAYTON KONECKY

____ _________________ GUY B. WALLACE Attorneys for Plaintiffs Dated: June 10, 2009 DENNIS J. HERRERA City Attorney

By: _______________________ JAMES M. EMERY Deputy City Attorney Attorneys for Defendants City and County of San Francisco, et al. I, Guy B. Wallace, am the ECF user whose ID and password are being used to file this Stipulation to Continue Trial Date and Pretrial Deadlines. In compliance with General Order 45, I hereby attest that counsel for Defendants, James M. Emery, has concurred in this filing. Dated: June 9, 2010 ____/s/___________________ Guy B. Wallace

[proposed] ORDER CONTINUING TRIAL DATE AND MODIFYING PRETRIAL SCHEDULE PURSUANT TO STIPULATION

C07-3685 SBA

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ORDER Having considered the Stipulation of the parties for an Order continuing the trial date and modifying the pretrial schedule in this case, and the Court finding that good cause exists therefor; 1. The current trial date in this case of February 22, 2010, is vacated. 2. Trial before the COURT will begin on May 24, 2010 at 8:30 a.m., or as soon thereafter as the Court may designate, for an estimated 15 days. 3. All discovery, except for expert discovery, shall be completed and all depositions taken on or before February 26, 2010. 4. Plaintiffs and Defendants shall designate any experts by December 11, 2009. Expert discovery shall be completed by March 12, 2010. 5. All motions, including dispositive motions, shall be heard on or before April 6, 2010. 6. All parties are ordered to participate in a mandatory settlement conference during the period of April 7 through April 16, 2010 before Magistrate Judge James. The parties shall also attend a settlement conference with Magistrate Judge James, as previously scheduled, on July 28, 2009. 7. All counsel who will try the case shall appear for a pretrial conference in Courtroom 3 on May 11, 2010 at 1:00 p.m. 8. The parties shall file a Joint Pretrial Statement and each party shall serve and file a trial brief no later than twenty-one (21) calendar days prior to the pretrial conference, April 20, 2010. 9. Motions in Limine and Objections to Evidence are due no later than fourteen (14) calendar days prior to the pretrial conference, April 27, 2010. Responses to Motions in Limine or objections to evidence shall be filed and served no less than seven (7) calendar days prior to the pretrial conference, May 4, 2010. 10. Except for the amended dates and deadlines set forth above, all terms of the Court's Order for Pretrial Preparation dated December 18, 2007 remain in effect. IT IS SO ORDERED. DATED: June 11, 2009 HONORABLE SAUNDRA B. ARMSTRONG U.S. DISTRICT COURT JUDGE
[proposed] ORDER CONTINUING TRIAL DATE AND MODIFYING PRETRIAL SCHEDULE PURSUANT TO STIPULATION C07-3685 SBA