Williams, et al v. City of Antioch, et al

Filing 59

STIPULATION AND ORDER: Modifying Motion Hearing date to 1/12/2010 01:00 PM. Signed by Judge Saundra Brown Armstrong, on 5/20/09. (lrc, COURT STAFF) (Filed on 5/21/2009) Modified on 5/22/2009 (jlm, COURT STAFF).

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Impact Fund BRAD SELIGMAN (SBN 083838) [e-mail] JOCELYN D. LARKIN (SBN 110817) JASON H. TARRICONE (SBN 247506) 125 University Avenue, Suite 102 Berkeley, CA 94710 Telephone: [phone] Facsimile: 510.845.3654 Bingham McCutchen LLP HAYWOOD S. GILLIAM, JR. (SBN 172732) [e-mail] ABIGAIL CONZATTI NICHOLS (SBN 252452) [e-mail] Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: [phone] Facsimile: 415.393.2286 Lawyers' Committee For Civil Rights of the San Francisco Bay Area OREN M. SELLSTROM (SBN 161074) [e-mail] KENDRA FOX-DAVIS (SBN 248757) 131 Steuart Street, Suite 400 San Francisco, CA 94105 Telephone: [phone] Facsimile: 415.543.0296 Attorneys for Plaintiffs SANTEYA DANYELL WILLIAMS, MARY RUTH SCOTT, KAREN LATREECE COLEMAN, PRISCILLA BUNTON, and ALYCE DENISE PAYNE.

American Civil Liberties Union Foundation of Northern California ALAN L. SCHLOSSER (SBN 49957) [e-mail] ANDRE I. SEGURA (SBN 247681) [e-mail] 39 Drumm Street San Francisco, CA 94111 Telephone: [phone] Facsimile: 415.255.8437 Public Advocates, Inc. RICHARD A. MARCANTONIO (SBN 39619) [e-mail] MICHELLE NATIVIDAD RODRIGUEZ (SBN 226683) 131 Steuart Street, Suite 300 San Francisco, CA 94105 Telephone: [phone] Facsimile: 415.431.1048
MCNAMARA, DODGE, NEY, BEATTY, SLATTERY, PFALZER, BORGES & BROTHERS LLP

THOMAS G. BEATTY (SBN 75794) JAMES V. FITZGERALD, III (SBN 55632) H. PATRICK SWEENEY (SBN 043737) 1211 Newell Avenue, P.O. Box 5288 Walnut Creek, CA 94596 Telephone: [phone] Facsimile: 925.939.0203 Attorneys for Defendant CITY OF ANTIOCH

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SANTEYA DANYELL WILLIAMS, MARY RUTH SCOTT, KAREN LATREECE COLEMAN, PRISCILLA BUNTON, and ALYCE DENISE PAYNE, on behalf of themselves and all others similarly situated, v. Plaintiffs, No. C-08-2301 SBA (EDL) STIPULATION AND ORDER MODIFYING DISCOVERY AND CLASS CERTIFICATION DATES

CITY OF ANTIOCH, Defendant.
NO. C-08-2301 SBA (EDL)

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The parties hereby stipulate to and request a modest modification of the class certification discovery, briefing and hearing deadlines in this case. This request seeks a modest six week extension of these deadlines to accommodate the volume of discovery and witnesses in this action. Discovery commenced in this class action after the Case Management Conference held on October 2, 2008. Since that time the parties have exchanged initial disclosures and initial written discovery, produced thousands of pages of documents and electronic data, negotiated document preservation and protective orders, and taken/defended 7 depositions out of the 30 total authorized by the Court. Plaintiffs have served subpoenas, obtained documents from the Housing Authority of Contra Costa County and have filed and won a motion to compel further production from it. Defendant has reviewed tens of thousands of emails and produced electronic and hard copy documents. It is completing review of additional documents before production. Plaintiffs and defendant have both served initial sets of interrogatories. Plaintiffs have disclosed 40 class member and fact witnesses, including many recently identified class members. The parties have cooperated in discovery, but it has become apparent that, due to the substantial amount of electronic data and emails involved, and the necessity of pre-disclosure document review by Defendant, and the need to depose witnesses, the current discovery cut off of June 15, 2009, does not allow sufficient time for the parties to complete class certification discovery. The parties have agreed to the following modification of the discovery and motion dates: Current Discovery Cut Off Plaintiff Expert Report Defendant Expert Rebuttal Expert /// 2
NO. C-08-2301 SBA (EDL)

Proposed August 3, 2009 August 3, 2009 September 14, 2009 October 12, 2009

June 15, 2009 June 15, 2009 August 3, 2009 September 1, 2009

STIPULATION AND ORDER MODIFYING DISCOVERY/CERTIFICATION DATES

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/// Current Class Cert. Motion Class Cert. Opposition Class Cert. Reply Class Cert Hearing September 15, 2009 October 6, 2009 October 13, 20091 October 27, 2009 Proposed October 27, 2009 November 24, 2009 December 8, 2009 January 12, 2010, at 1:00 p.m. The currently scheduled settlement conference with Judge Larson remains at June 12, 2009.

DATED: May 11, 2009

By: Brad Seligman Attorneys for Plaintiffs and the Proposed Class

DATED: May 11, 2009

By: Thomas Beatty Attorneys for Defendant

IT IS SO ORDERED. DATED:5/20/09 __________________________________ Hon. Saundra Brown Armstrong UNITED STATES DISTRICT JUDGE

At the Case Management Conference, the Court ordered the reply by October 13; the Case Management Conference Minutes erroneously transposed this date to October 31, 2009.

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NO. C-08-2301 SBA (EDL)

STIPULATION AND ORDER MODIFYING DISCOVERY/CERTIFICATION DATES