Ortega v. Giamalvo

Filing 57

STIPULATION AND CASE MANAGEMENT SCHEDULING ORDER: Jury Trial set for 9/8/2010 08:30 AM. Motions due by 6/15/2010. Pretrial Conference set for 7/27/2010 01:00 PM.. Signed by Judge ARMSTRONG on 4/7/10. (lrc, COURT STAFF) (Filed on 4/8/2010)

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SONNENSCHEIN NATH & ROSENTHAL LLP 525 MARKET STREET, 26TH FLOOR SAN FRANCISCO, CALIFORNIA 94105-2708 [phone]

IVOR E. SAMSON (State Bar No. 52767) BONNIE LAU (State Bar No. 246188) MANUEL ALVAREZ JR. (State Bar No. 253874) SONNENSCHEIN NATH & ROSENTHAL LLP 525 Market Street, 26th Floor San Francisco, CA 94105 Telephone: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Plaintiff Lazarus Ortega

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

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LAZARUS D. ORTEGA, Plaintiff, v.

C 07-04436 SBA STIPULATION AND [PROPOSED] ORDER MODIFYING ORDER FOR PRETRIAL PREPARATION Case Filed: August 28, 2007 Trial Date: June 7, 2010 Judge: Hon. Saundra Brown Armstrong

DEPUTY MICHAEL GIAMMALVO, et al., Defendants.

Through their counsel of record, Plaintiff Lazarus Ortega ("Plaintiff") and Defendant Deputy Michael Giammalvo ("Defendant") hereby stipulate as follows: RECITALS 1. On May 28, 2009, this Court appointed Ivor E. Samson, Gary Martin Cohen and

Manuel Alvarez, Jr., of the law firm Sonnenschein Nath and Rosenthal LLP as Plaintiff's pro bono counsel. 2. Following the Initial Case Management Conference, this Court entered its Order

for Pretrial Preparation on August 4, 2009. Pursuant to that order, trial in this matter is scheduled to begin on June 7, 2010 and the discovery cut-off date is February 23, 2010.

1 STIPULATION AND [PROPOSED] ORDER MODIFYING ORDER FOR PRETRIAL PREPARATION

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SONNENSCHEIN NATH & ROSENTHAL LLP 525 MARKET STREET, 26TH FLOOR SAN FRANCISCO, CALIFORNIA 94105-2708 [phone]

3.

Mr. Cohen left Sonnenschein in January 2010. Mr. Alvarez will be leaving

Sonnenschein in February 2010. Because Messrs. Cohen and Alvarez were primarily responsible for handling this matter on behalf of Plaintiff, Plaintiff's counsel anticipates that additional time for discovery and pretrial preparation will be needed so that the matter may be transferred to an additional Sonnenschein attorney without prejudicing Plaintiff. 4. Additionally, while the parties have diligently exchanged written discovery

requests and responses, and have taken depositions, additional time for discovery will be needed beyond the February 23, 2010 discovery cut-off. 5. Finally, additional time for dispositive motions, if any, will be needed. STIPULATION Based on the above circumstances, counsel for Plaintiff and Defendant stipulate and respectfully request that this Court modify its Order for Pretrial Preparation as follows: EVENT Expert Designations: Expert Rebuttal Designations: Non-expert discovery cut-off: CURRENT DEADLINE February 23, 2010 March 9, 2010 February 23, 2010 (discovery motions to be heard by) March 23, 2010 April 13, 2010 (to be heard by) April 14 -- May 7, 2010 May 11, 2010 June 1, 2010 PROPOSED MODIFICATION July 19, 2010 August 2, 2010 August 16, 2010 (discovery motions to be heard by) August 16, 2010 June 15, 2010 at 1:00 p.m. June 16, 2010 - July 1, 2010 October 4, 2010 July 6, 2010 Pretrial conference: October 11, 2010 July 27, 2010 at 1:00 p.m. Trial: June 7, 2010 October 18, 2010 September 8, 2010 at 8:30 a.m.
2 STIPULATION AND [PROPOSED] ORDER MODIFYING ORDER FOR PRETRIAL PREPARATION

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Expert discovery cut-off: Motion cut-off (including dispositive motions): Mandatory Settlement Conference: Pretrial Preparation:

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SONNENSCHEIN NATH & ROSENTHAL LLP 525 MARKET STREET, 26TH FLOOR SAN FRANCISCO, CALIFORNIA 94105-2708 [phone]

Should the Court's calendar not be amenable to the above proposed dates, the parties stipulate to the next available date on the Court's calendar. IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. SONNENSCHEIN NATH & ROSENTHAL LLP Dated: __________________ By: Manuel Alvarez, Jr. Attorneys for Plaintiff Lazarus Ortega ANDRADA & ASSOCIATES PC Dated: __________________ By: _______ _______

Lynne G. Stocker Attorneys for Defendant Deputy Michael Giammalvo

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3 STIPULATION AND [PROPOSED] ORDER MODIFYING ORDER FOR PRETRIAL PREPARATION

ORDER The above stipulation is approved as modified above. The parties shall meet and confer and propose for the Court's review and approval revised dates for expert designations, expert rebuttal designations, non-expert discovery cut-off, and expert discovery cut-off.

Dated: 4/7/10

By:

_______ The Honorable Saundra Brown Armstrong United States District Court Judge Northern District of California