Hall v. Apartment Investment and Management Company

Filing 74

ORDER re 73 GRANTING AMENDED JOINT STIPULATION MOTION TO VACATE AND RESET TRIAL DATE AND MODIFY PRE-TRIAL DEADLINES. Further Case Management Conference set for 12/16/2010 02:00 PM. Jury Trial set for 4/25/2011 08:30 AM. Motion Hearing set for 12/16/2010 02:00 PM. Pretrial Conference set for 3/29/2011 02:00 PM.. Signed by Judge CLAUDIA WILKEN on 10/28/09. (scc, COURT STAFF) (Filed on 10/28/2009)

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

GREGORY HALL, FAUSTO AGUILAR, ) GONZALO AGUILAR, CHARLES ) CHILTON, FELIX CORTES, OMAR ) FRANCO, DOUGLAS GIVENS, ROBERT ) IVY, QUINCY MOUTON, LUIS OSUNA, ) RICHARD RANKIN, HECTOR ) RODRIGUEZ, MARTIN SANDOVAL, ) HENRY TAYLOR, LLOYD THIBEAUX, ) Case No. 08-CV-3447 CW MICHAEL BROWN, ASTRIAN CAEL, ) ARNULFO CARRANZA-RIVAS, ) APOLINAR CORNEJO, ROY EDWARDS, ) VICTOR HAMPTON, RANDY KEYS, ) ORDER GRANTING ANDRE LARRIMORE, TERRY MACKEY, ) AMENDED STIPULATED JOINT DOUGLAS TURNER, JEFF WEST, ROBERT ) MOTION TO VACATE AND RESET WHITE, MARQUEZ BOYD, ) TRIAL DATE AND MODIFY PRE-TRIAL ) DEADLINES Plaintiffs, ) ) vs. ) ) APARTMENT INVESTMENT AND ) MANAGEMENT COMPANY, AIMCO ) CAPITAL, INC., FORTNEY & WEYGANDT,) INC., IMR CONTRACTOR CORPORATION, ) BAY BUILDING SERVICES, BAY AREA ) CONSTRUCTION FRAMERS, INC., ALL ) HALLOWS PRESERVATION, L.P., ) BAYVIEW PRESERVATION, L.P., LA ) SALLE PRESERVATION, L.P., ) SHOREVIEW PRESERVATION, L.P., and ) DOES 1-50, ) ) Defendants. ) ) ) The parties, by their respective counsel, hereby stipulate and agree, and jointly move the Court for an Order vacating and resetting the current trial date of June 1, 2010 and modifying the pre-trial deadlines in this case. As grounds for this motion, the parties state as follows: 1. This case involves claims by 28 individual Plaintiffs versus 10 Defendants.

Plaintiffs allege a number of claims, including for discrimination, retaliation, and other

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employment-related claims. Defendants deny the material allegations of Plaintiffs' claims and assert a number of affirmative defenses. 2. Following the Case Management Conference, the Court, pursuant to its Minute

Order and Case Management Order, dated December 29, 2008 (Dkt. #35), ordered that a 20-day jury trial was set to begin June 1, 2010 at 8:30 a.m.; that the deadline for completion of fact discovery was set for November 30, 2009; that all case-dispositive motions were to be heard on or before December 17, 2009; and that the Final Pretrial Conference was set for May 18, 2010 at 2:00 p.m. The Minute Order and Case Management Order also contains several other pre-trial deadlines. 3. As discussed with the Court at the December 18, 2008 case management conference,

the parties have attempted to pursue settlement of this case. Two mediation sessions have been held with the court-appointed mediator, Eric Ivary, the first on April 1, 2009 and the second on July 14, 2009. The parties deferred most discovery in the case, except for one deposition and limited written discovery, pending those mediation sessions. 4. On April 2, 2009, Plaintiffs sought leave to file a Fourth Amended Complaint to add

new Defendants (the four limited partner entities) and a new theory of liability (Plaintiffs' TwentySecond Cause of Action, for aiding and abetting discrimination, against the AIMCO Defendants and Fortney & Weygandt, Inc.) (Dkt. #49). 5. On May 6, 2009, the Court issued its Order Granting Plaintiffs' Motion for Leave to

File A Fourth Amended Complaint (Dkt. #57). 6. After an extension of time, Defendants filed their answers to Plaintiffs' Fourth

Amended Complaint, the last of which was the Answer to Fourth Amended Complaint of Defendants Apartment Investment and Management Company, AIMCO Capital, Inc., All Hallows
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Preservation, L.P., Bayview Preservation, L.P., La Salle Preservation, L.P., and Shoreview Preservation, L.P., on August 13, 2009 (Dkt. #66). 7. Subsequently, with the additional Defendants in the case, and new counsel appearing

for the AIMCO Defendants and Fortney & Weygandt, the parties began, on the one hand, attempting to schedule the discovery necessary to prepare the case for dispositive motions and for trial, and, on the other hand, discussing whether further settlement negotiations through the mediator would be beneficial. 8. The parties agree that it would be in the interest of all parties to further explore the

potential for settlement of this case before the parties invest significant time and expense in depositions and written discovery, and in the filing of dispositive motions. Therefore, a further mediation session has been scheduled for November 10, 2009, the earliest date the calendars of the mediator and counsel would permit. 9. However, in order to allow the mediation to take place, but then, if the case is not

settled, for the case to proceed in an orderly manner, it is necessary to postpone the fact discovery and dispositive motion deadlines, which, in turn, render it necessary to postpone the June 1, 2010 trial date in this case. 10. Thus, the parties respectfully request that the Court order as follows: a. That the current June 1, 2010 trial date and all of the current pre-trial deadlines in the case be vacated; b. That a new trial date be set for April 25, 2011 at 8:30 a.m., for a 20-day jury trial; c. That the Final Pretrial Conference be set for March 29, 2011 at 2:00 p.m.;

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d.

That all case-dispositive motions are to be heard on or before December 16, 2010 at 2:00 p.m.;

e.

That a further case management conference be held on December 16, 2010 at 2:00 p.m.;

f. g.

That all fact discovery be completed by September 11, 2010; That all expert witness disclosures and reports are due on or before October 31, 2010; and

h.

That all expert witness discovery be completed no later than December 31, 2010.

DATED: October ___, 2009. SUNDEEN SALINAS & PYLE By _____________________________________ Robert Anthony Salinas Jorge Aguilar Pamela Kong ATTORNEYS FOR PLAINTIFFS HOLLAND & HART LLP By _____________________________________ Jeffrey T. Johnson ATTORNEYS FOR DEFENDANT APARTMENT INVESTMENT AND MANAGEMENT COMPANY; AIMCO CAPITAL INC.; ALL HALLOWS PRESERVATION, L.P.; BAYVIEW PRESERVATION, L.P.; LA SALLE PRESERVATION, L.P.; and SHOREVIEW PRESERVATION, L.P.

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4636362_1.DOC

FORTNEY & KLINGSHIRN By ______________________________________ Michael L. Fortney ATTORNEYS FOR DEFENDANT FORTNEY & WEYGANDT, INC. SIMPSON GARRITY, INNES and JACUZZI By _____________________________________ Paul Vincent Simpson Timothy Patrick O'Donnell ATTORNEYS FOR DEFENDANT IMR CONTRACTOR CORPORATION LAW OFFICES OF JOSEPH E. POWELL By _____________________________________ Joseph Edward Powell Paul Michael Vuksich ATTORNEYS FOR DEFENDANT BAY AREA CONSTRUCTION FRAMERS, INC.

IT IS SO ORDERED: BY THE COURT:

10/28/09 Dated:___________________

______________________________________ Hon. Claudia Wilken United States District Judge

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