Rogers v. Potter

Filing 38

STIPULATION AND CASE MANAGEMENT SCHEDULING ORDER: That the Jury Trial is CONTINUED to 6/7/2010 at 08:30 AM. The Pretrial Conference is CONTINUED to 6/1/2010 at 01:00 PM. Signed by Judge Saundra Brown Armstrong, on 3/15/10. (lrc, COURT STAFF) (Filed on 3/17/2010) Modified on 3/18/2010 (jlm, COURT STAFF).

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Michael C. Cohen, Esq., Bar No. 65487 LAW OFFICES OF MICHAEL C. COHEN 1814 Franklin Street, Suite 900 Oakland, CA 94612 [phone] Attorney for Plaintiff JOSEPH P. RUSSONIELLO (SBN 44332) United States Attorney JOANN M. SWANSON (SBN 88143) Chief, Civil Division ABRAHAM A. SIMMONS (SBN 146400) Assistant United States Attorney 450 Golden Gate Avenue, 9th Floor San Francisco, California 94102-3495 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendant UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ) ) ) ) Plaintiff, ) ) v. ) JOHN E. POTTER, Postmaster General of ) ) the United States, ) ) Defendant. ) FRED ROGERS, a/k/a FRED ROGERS, Jr. No. C 08-2897 SBA STIPULATION AND ORDER CONTINUING CERTAIN PRETRIAL DEADLINES AND TRIAL DATE

The parties hereby stipulate and agree and request the Court to adopt the following changes in the trial schedule: Whereas, the parties recognize that full and complete briefing and hearing on defendant's pending motion for summary judgment would aid the parties in reaching a settlement; and Whereas, if the matter is not resolved short of trial, full and complete briefing on defendant's pending motion for summary judgment would aid the Court in narrowing the issues

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for trial; and Whereas, plaintiff has requested additional time to respond to defendant's motion for summary judgment and defendant has no objection to plaintiff receiving such additional time; and Whereas, the parties participated in a productive mediation on June 23, 2009; and Whereas the parties were unable to settle the matter at the June 23, 2009, but are scheduled to appear for a settlement of conference with Magistrate Judge Laporte on April 23, 2010; and Whereas, this Court's pretrial order dated February 18, 2009, would require preparation of pretrial documents and other trial preparation at a time when preparation and focus on resolving this case likely would produce a better result; and Whereas, the parties have not previously sought to make any adjustments to the pretrial schedule set by the Court on February 18, 2009; It is hereby stipulated and respectfully requested that the Court amend its February 18, 2009, trial scheduling order so as to adopt the following new deadlines and trial date:

ORIGINAL DATE AS SET IN ORDER DATED FEBRUARY 18, 2009 Plaintiff's Opposition to Defendant's Motion for Summary Judgment Defendant's reply in support of motion for summary judgment due Hearing on Defendant's Motion for Summary Judgment Would be due March 9, 2010 if motion heard on March 30, 2010 in accordance with the Court's order. (The court's website currently precludes counsel from scheduling motions before April 13, 2010.) Would be due March 16, 2010 in accordance with the Court's order.

NEW DATE REQUESTED BY PARTIES March 30, 2010

April 6, 2010

On or before March 30, 2010 (the court's website currently precludes counsel from scheduling motions before April 13, 2010).

April 20, 2010, 1 pm

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Mandatory Settlement Conference Joint Pretrial Statement and related papers due Objections to evidence due Pretrial Trial

On or before Friday, April 23, 2010.

No change­ Conference currently scheduled for April 23, 2010 August 24, 2010

April 27, 2010

May 4, 2010 May 18, 2010 May 24, 2010

August 31, 2010 September 14, 2010, 1 pm September 20, 2010, 8:30 am Respectfully submitted,

Dated: March 5, 2010

_________/s/_____________ Michael C. Cohen Attorney for Plaintiff JOSEPH P. RUSSONIELLO United States Attorney

Dated: March 5, 2010

________/s/_______________ Abraham A. Simmons Assistant United States Attorney Attorneys for Defendant

ORDER PURSUANT TO THE PARTIES' STIPULATION, the following dates are extended as follows: ORIGINAL DATE AS SET IN ORDER DATED FEBRUARY 18, 2009 Plaintiff's Opposition to Defendant's Motion for Summary Judgment Would be due March 9, 2010 if motion heard on March 30, 2010 in accordance with the Court's order. NEW DATE March 30, 2010

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Defendant's reply in support of motion for summary judgment due Hearing on Defendant's Motion for Summary Judgment Mandatory Settlement Conference Joint Pretrial Statement and related papers due Motions in Limne

Would be due March 16, 2010 in accordance with the Court's order.

April 6, 2010

On or before March 30, 2010 (the court's website currently precludes counsel from scheduling motions before April 13, 2010).

April 20, 2010, 1 pm

On or before Friday, April 23, 2010.

No change­ Conference currently scheduled for April 23, 2010 May 4, 2010

April 27, 2010

Due: May 11, 2010 Responses on or before: May 18,2010 Reply on or before: May 25, 2010

Objections to evidence due Pretrial Trial

May 4, 2010 May 18, 2010 May 24, 2010

May 11, 2010 June 1, 2010, 1 pm June 7, 2010, 8:30 am

IT IS SO ORDERED. 3/15/10 __________________________________ United States District Judge

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