Wheeler v. Chertoff et al

Filing 43

STIPULATION AND SCHEDULING ORDER: Discovery due by 4/20/2009. Jury Trial set for 10/26/2009 08:30 AM. Motions due by 05/19/09; Motion Hearing set for 06/23/09 at 1:00 PM. Pretrial Conference set for 10/20/2009 01:00 PM. Signed by Judge Saundra Brown Armstrong, on 3/25/09. (lrc, COURT STAFF) (Filed on 3/26/2009) Modified on 3/27/2009 (jlm, COURT STAFF).

Case 4:08-cv-01738-SBA

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Filed 02/19/2009

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Thomas G.F. Del Beccaro (California Bar #132351) Del Beccaro, Hornsby & Blake 800 So. Broadway, Suite 301 Walnut Creek, California 94596 Telephone: [phone] Facsimile: [phone] Robert R. Pohls (California Bar #131021) Pohls & Associates 12657 Alcosta Boulevard, Suite 150 San Ramon, California 94583 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff Ernest C. Wheeler JOSEPH P. RUSSONIELLO (CABN 44332) United States Attorney JOANN M. SWANSON (CABN 88143) Chief, Civil Division NEILL T. TSENG (CABN 220348) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 Telephone: [phone] FAX: [phone] [e-mail] Attorneys for Defendant

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ERNEST C. WHEELER, Plaintiff, vs. MICHAEL CHERTOFF, SECRETARY, DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY, Defendant.

Case No. C08-01738 SBA XXXXXX Stipulation & Proposed Order Re Trial Continuance TRIAL DATE: June 15, 2009

Trial Continuance Stipulation Case No. C08-01738 SBA

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Plaintiff Ernest C. Wheeler ("Mr. Wheeler") and defendant Michael Chertoff, Secretary, Department of Homeland Security, Federal Emergency Management Agency ("FEMA") hereby jointly submit the following Stipulation for a trial continuance:

IT IS HEREBY STIPULATED and agreed by and between the parties hereto, the Defendants by and through their attorney, Mr. Neill Tseng, and the Plaintiff, by and through their attorney, Thomas Del Beccaro, that:

1. Due to the complexity of the case including the discovery and disclosure of additional fact witnesses by both parties, as well as the filing of motions to compel discovery by the Plaintiff, the parties need additional time to complete both written and deposition discovery; 2. The Parties also believe it necessary to continue the dates for expert disclosure and other scheduling matters including the trial date; 3. Pre Trial Scheduling. The parties propose the following revised pre-trial deadlines: · · · · · · Fact discovery 4/20/09 Disclose experts 4/10/09; rebuttal 4/24/09 Expert discovery cutoff: 5/5/09 Dispositive motion filing deadline: 5/19/09 Last dispositive motion hearing date: 6/23/09 Pretrial conference: 10/20/09

4. Trial Date. The parties propose that the trial date be continued to 10/26/09 in keeping with the above schedule.

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5.

Other Matters. The parties are not currently aware of any other matters that may facilitate the just, speedy and

inexpensive disposition of this matter.

Respectfully submitted, DEL BECCARO, HORNSBY & BLAKE POHLS & ASSOCIATES

By:

/S/ Thomas G. Del Beccaro Attorneys for Plaintiff Ernest C. Wheeler UNITED STATES ATTORNEY'S OFFICE

By:

/S/ Neill T. Tseng Attorneys for Defendants

PURSUANT TO STIPULATION, IT IS SO ORDERED: DATED: 3/25/09 _______________________________________ HONORABLE SAUNDRA B. ARMSTRONG UNITED STATES DISTRICT JUDGE

Trial Continuance Stipulation Case No. C08-01738 SBA

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