Lam et al v. City and County of San Francisco et al

Filing 131

STIPULATION AND ORDER TO EXTEND ENE DEADLINE re 130 Stipulation filed by City and County of San Francisco. Signed by Judge Phyllis J. Hamilton on 8/17/10. (nah, COURT STAFF) (Filed on 8/17/2010)

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DENNIS J. HERRERA, State Bar #139669 City Attorney ELIZABETH S. SALVESON, State Bar #83788 Chief Labor Attorney JONATHAN C. ROLNICK, State Bar #151814 LAUREN M. MONSON, State Bar #242819 Deputy City Attorneys Fox Plaza 1390 Market Street, Fifth Floor San Francisco, California 94102-5408 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Defendant CITY AND COUNTY OF SAN FRANCISCO

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ALFRED LAM, FRANK CHEN, PAULA LEIATO, and GREGORY CHIN, Plaintiff(s), vs. THE CITY AND COUNTY OF SAN FRANCISCO, a municipality and political subdivision of the State of California, TIMOTHY DIESTEL, DENNIS DOYLE, ALFRED FLECK, CHARLES LEWIS, JOHN RADOGNO, and BARRY YOUNG, Defendant(s). Case No. C 08-4702PJH STIPULATION TO EXTEND ENE DEADLINE AND PROPOSED ORDER Trial Date: December 5, 2011

PLEASE TAKE NOTICE that Defendant City and County of San Francisco ("Defendant") respectfully files this request for an extension of the deadline to complete an early neutral evaluation ("ENE") in this matter. Defendant, in stipulation with Plaintiffs, request that the ENE deadline be continued 120 days to December 28, 2010.

Stip. to Extend ENE Deadline and Proposed Order CASE NO. C 08-4702PJH

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A case management conference was held on May 27, 2010. On June 1, 2010 the court issued the Case Management and Pretrial Order, referring the case to ADR for ENE to be completed within 90 days. The 90 days expires on August 30, 2010. ENE evaluator, George Harris, was appointed by the ADR clerk on July 19. (See Docket No. 129.) The evaluator contacted the parties on August 3 and scheduled a phone conference for August 6. On August 6 the phone conference was not able to take place due to unavailability of Plaintiffs' counsel. The phone conference was subsequently rescheduled to August 13. Given the parties' and evaluator's schedules, the parties are unable to complete ENE prior to August 30. Moreover, at this point there has been limited discovery in these cases. Defendants have noticed and received responses to requests for production, and depositions for plaintiffs have been noticed for the beginning of September. The parties believe additional discovery is necessary to make the ENE a productive process. In addition, Defendant's counsel is unavailable and out of the country the first three weeks of October, the ENE evaluator is unavailable the last week of October and first three weeks of November due to an arbitration in Singapore, and Defendant's counsel is scheduled for a two week trial November 29. For the above reasons, the City and Plaintiffs request a 120 day extension of the ENE deadline to December 28, 2010. Plaintiffs are in agreement with this request and their stipulation is below: /// /// /// /// /// /// /// /// /// ///
Stip. to Extend ENE Deadline and Proposed Order CASE NO. C 08-4702PJH

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IT IS STIPULATED BY THE PARTIES AS FOLLOWS: 1) 2) The parties desire to engage in further discovery before completing the ENE. According to the above, the parties stipulate to extend the ENE deadline 120 days to

December 28, 2010. 3) This agreement between the parties will require no other modification of the scheduling

4)

The parties request that the Court enter an order consistent with this stipulation.

Dated: August 13, 2010 By: /s/ Lauren M. Monson LAUREN M. MONSON Attorneys for Defendant CITY AND COUNTY OF SAN FRANCISCO

Dated: August 13, 2010 By: /s/ Evgenii Sverdlov EVGENII SVERDLOV Attorney for Plaintiffs ALFRED LAM, FRANK CHEN, PAULA LEIATO, and GREGORY CHIN

PURSUANT TO STIPULATION, IT IS SO ORDERED:

Dated: 8/17/10
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Stip. to Extend ENE Deadline and Proposed Order CASE NO. C 08-4702PJH

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