Curry v. City of Oakland et al

Filing 51

STIPULATION AND CASE MANAGEMENT SCHEDULING ORDER: Discovery due by 4/30/2010. Jury Trial set for 7/12/2010 08:30 AM. Motions due by 5/25/2010. Pretrial Conference set for 7/6/2010 01:00 PM.. Signed by Judge ARMSTRONG on 12/8/09. (lrc, COURT STAFF) (Filed on 12/9/2009)

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JOHN L. BURRIS, Esq./ State Bar #69888 BENJAMIN NISENBAUM, Esq./State Bar #222173 LAW OFFICES OF JOHN L. BURRIS Airport Corporate Centre 7677 Oakport Street, Suite 1120 Oakland, California 94621 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff DARRELL CURRY

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

DARRELL CURRY, Plaintiff, vs. CITY OF OAKLAND, a municipal corporation; et al. Defendants. /

Case No. C 08 03695 SBA STIPULATION AND ORDER TO MODIFY ORDER FOR PRETRIAL PREPARATION

Due to continued discovery, the parties request to modify the Court's Order for Pretrial Preparation of May 1, 2009 as follows:

STIPULATION AND (PROPOSED) ORDER TO MODIFY ORDER FOR PRETRIAL PREPARATION Case No. - C 08 03695 SBA

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CURRENT PRETRIAL ORDER

PRETRIAL ORDER

A. DISCOVERY CUT-OFF All discovery, except for expert discovery, shall be completed and all depositions taken on or before 12/8/09. The parties are responsible for scheduling discovery so that motions to resolve discovery disputes can be heard before the above discovery cut-off. All discovery, except for expert discovery, shall be completed and all depositions taken on or before 04/30/10. The parties are responsible for scheduling discovery so that motions to resolve discovery disputes can be heard before the above discovery cut-off.

B. EXPERT DESIGNATION AND DISCOVERY Plaintiff shall designate any experts by 12/8/09; Plaintiff shall designate any experts by defendant by 12/8/09; rebuttal disclosure by 04/30/10; defendant by 04/30/10; rebuttal NOT SET. Any expert not so named may be disclosure by NOT SET. Any expert not so disallowed as a witness. No expert will be named may be disallowed as a witness. No permitted to testify to any opinion, or basis or expert will be permitted to testify to any support for an opinion, that has not been opinion, or basis or support for an opinion, that disclosed in response to an appropriate question has not been disclosed in response to an or interrogatory from the opposing party. Expert appropriate question or interrogatory from the discovery shall be completed by 12/15/09. opposing party. Expert discovery shall be completed by 05/14/10.

C. MOTION CUT-OFF All motions including dispositive motions shall All motions including dispositive motions shall be heard on or before 1/19/10, at 1:00 p.m. The be heard on or before 05/25/2010, at 1:00 p.m. parties must meet and confer prior to filing any The parties must meet and confer prior to filing motion. The movant shall certify to the Court in any motion. The movant shall certify to the its moving papers that it has complied with this Court in its moving papers that it has complied requirement. Should the parties fail to with this requirement. Should the parties fail to meet and confer, the Court may decline to meet and confer, the Court may decline to entertain the motion. entertain the motion. D. MANDATORY SETTLEMENT CONFERENCES All parties are ordered to participate in a All parties are ordered to participate in a mandatory settlement conference during the mandatory settlement conference during the following time period: BETWEEN 1/20-2/5/10 following time period: BETWEEN 5/26BEFORE A MAGISTRATE JUDGE. 6/11/10 BEFORE A MAGISTRATE JUDGE. The Parties have been in discussions with Judge Spero's Courtroom Deputy regarding Settlement Conference dates and the parties have been advised that Judge Spero is currently available in January or February of 2010.

STIPULATION AND (PROPOSED) ORDER TO MODIFY ORDER FOR PRETRIAL PREPARATION Case No. - C 08 03695 SBA

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CURRENT PRETRIAL ORDER

PRETRIAL ORDER

E. PRETRIAL CONFERENCE All Counsel who will try the case shall appear All Counsel who will try the case shall appear for a pretrial conference in Courtroom 3 on for a pretrial conference in Courtroom 3 on 3/2/10, at 1:00 p.m. All Counsel shall be fully 7/06/10 1:00 p.m. All Counsel shall be fully prepared to discuss all aspects of the trial. prepared to discuss all aspects of the trial. Failure to file the requisite pretrial documents in Failure to file the requisite pretrial documents in advance of the pretrial conference may result in advance of the pretrial conference may result in vacation of the pretrial conference and/or the vacation of the pretrial conference and/or the imposition of sanctions. ALL PARTIES WITH imposition of sanctions. ALL PARTIES WITH SETTLEMENT AUTHORITY ARE SETTLEMENT AUTHORITY ARE REQUIRED TO ATTEND THE PRETRIAL REQUIRED TO ATTEND THE PRETRIAL CONFERENCE. CONFERENCE. F. PRETRIAL PREPARATION DUE 2/9/10 1. Not less that thirty (30) calendar days prior to the pretrial conference, Counsel shall meet and confer in good faith in advance of complying with the following pretrial requirements in order to clarify and narrow the issues for trial, arrive at stipulations of facts, simplify and shorten the presentation of proof at trial, and explore possible settlement. In addition, Counsel shall meet and confer regarding anticipated motions in limine, objections to evidence, jury instructions, and any other matter which may require resolution by the Court. F. PRETRIAL PREPARATION DUE 6/15/10 1. Not less that thirty (30) calendar days prior to the pretrial conference, Counsel shall meet and confer in good faith in advance of complying with the following pretrial requirements in order to clarify and narrow the issues for trial, arrive at stipulations of facts, simplify and shorten the presentation of proof at trial, and explore possible settlement. In addition, Counsel shall meet and confer regarding anticipated motions in limine, objections to evidence, jury instructions, and any other matter which may require resolution by the Court. 2. The following matters shall be accomplished no later than twenty-one (21) calendar days prior to the pretrial conference: a. Joint Pretrial Statement

2. The following matters shall be accomplished no later than twenty-one (21) calendar days prior to the pretrial conference: a. Joint Pretrial Statement

STIPULATION AND (PROPOSED) ORDER TO MODIFY ORDER FOR PRETRIAL PREPARATION Case No. - C 08 03695 SBA

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CURRENT PRETRIAL ORDER

PRETRIAL ORDER

3. The following matters shall be accomplished no later than fourteen (14) calendar days prior to the pretrial conference: Motions in Limine and Objections to Evidence due: 2/16/10. Each party anticipating making motion(s) in limine and/or objection(s) to any testimony or exhibits expected to be offered shall file and serve a statement briefly identifying each item objected to and the grounds for the objection.

3. The following matters shall be accomplished no later than fourteen (14) calendar days prior to the pretrial conference: Motions in Limine and Objections to Evidence due: 6/22/10. Each party anticipating making motion(s) in limine and/or objection(s) to any testimony or exhibits expected to be offered shall file and serve a statement briefly identifying each item objected to and the grounds for the objection.

H. TRIAL DATE Trial before the JURY will begin on 3/8/10, at 8:30 a.m., for an estimated 3-5 trial days, or as soon thereafter as the Court may designate. The parties are advised that they must be prepared to go to trial on a trailing basis. The trial will take place in Courtroom 3 of the United States Courthouse, 1301 Clay Street, 3rd Floor, Oakland, California, 94612. The Court's trial hours are from 8:30 a.m. to 2:00 p.m., with two fifteen-minute breaks, on Monday, Wednesday, Thursday and Friday. On the first day of trial all parties are required to have someone in Court with full Settlement Authority. Trial before the JURY will begin on 07/12/10, at 8:30 a.m., for an estimated 3-5 trial days, or as soon thereafter as the Court may designate. The parties are advised that they must be prepared to go to trial on a trailing basis. The trial will take place in Courtroom 3 of the United States Courthouse, 1301 Clay Street, 3rd Floor, Oakland, California, 94612. The Court's trial hours are from 8:30 a.m. to 2:00 p.m., with two fifteen-minute breaks, on Monday, Wednesday, Thursday and Friday. On the first day of trial all parties are required to have someone in Court with full Settlement Authority.

There are additional items on the Court's Pretrial Order for Preparation with which the parties are familiar, and therefore did not list on this request to modify the Pretrial Order. Due to their familiarity with the omitted items, the parties will conduct themselves appropriately.

STIPULATION AND (PROPOSED) ORDER TO MODIFY ORDER FOR PRETRIAL PREPARATION Case No. - C 08 03695 SBA

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Respectfully Submitted,

Dated: November 24, 2009

/s/ Benjamin Nisenbaum Benjamin Nisenbaum Attorneys for Plaintiff Darrell Curry /s/ Arlene M. Rosen Attorney for Defendants City of Oakland, et al.

Dated: November 25, 2009

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: 12/8/09 Honorable Saundra Brown Armstrong

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STIPULATION AND (PROPOSED) ORDER TO MODIFY ORDER FOR PRETRIAL PREPARATION Case No. - C 08 03695 SBA

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