Herson et al v. City of Richmond

Filing 146

STIPULATION AND ORDER RE: SUMMARY JUDGMENT re 145 Stipulation filed by City of Richmond. Signed by Judge Phyllis J. Hamilton on 5/9/11. (nah, COURT STAFF) (Filed on 5/9/2011)

1 RANDY RIDDLE (CA State Bar No. 121788)
CITY ATTORNEY
2 KEVIN SCOTT DICKEY (CA State Bar No. 184251)
CHIEF DEPUTY CITY ATTORNEY
3 CITY OF RICHMOND
450 Civic Center Plaza
4 Richmond, CA 94804-1630
Telephone: [phone]
5 Facsimile: [phone]
randy [e-mail]
6
MATTHEW D. ZINN (CA State Bar No. 214587)
7 WINTER KING (CA State Bar No. 237958)
JACLYN H. PRANGE (CA State Bar No. 270929)
8 SHUTE, MIHALY & WEINBERGER LLP
396 Hayes Street
9 San Francisco, CA 94102
Telephone: [phone]
10 Facsimile: [phone]
[e-mail]
11 [e-mail]
[e-mail]
12
Attorneys for Defendant
13 CITY OF RICHMOND
14
UNITED STATES DISTRICT COURT
15
NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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18
JEFFREY HERSON, an individual; EAST
19 BAY OUTDOOR, INC., a California
corporation,
20
Plaintiffs,
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v.
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CITY OF RICHMOND, a charter city,
23
Defendant.
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Case No. 4:09-cv-02516-PJH
STIPULATION RE SUMMARY
JUDGMENT; [PROPOSED] ORDER
AS MODIFIED

Judge: Honorable Phyllis J. Hamilton
Dept.: Courtroom 3
Trial Date:

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STIPULATION RE SUMMARY JUDGMENT; [PROPOSED] ORDER
CASE NO. 9-cv-02516-PJH

July 25, 2011

1

Pursuant to this Court’s order of April 25, 2011, the parties hereby stipulate and notify

2 the Court of their proposal for further cross-motions for summary judgment as contemplated by
3 the April 25 order.
4

The parties propose to file cross-motions for summary judgment on July 1, 2011, to be

5 heard on August 10, 2011. Each party’s opening brief shall be no more than ten pages in length.
6 Each party shall file a consolidated opposition/reply brief of no more than five pages in length
7 on or before July 27, 2011.
8

This schedule would conflict with the July 25, 2011 trial date and thus would require a

9 continuance of the trial date. The parties accordingly request that the Court vacate the trial date
10 and other remaining deadlines established in the Court’s scheduling order, as amended. The
11 parties request that the Court set the case for trial on the first available trial date and reset the
12 remaining dates in the scheduling order based on the new trial date.
13

The parties therefore respectfully request that the Court enter the attached order

14 effectuating all of the foregoing.
15 DATED: May 5, 2011

SHUTE, MIHALY & WEINBERGER LLP

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By: /s/ Matthew D. Zinn
MATTHEW D. ZINN

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Attorneys for Defendant
CITY OF RICHMOND

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DATED: May 5, 2011

RAM & OLSON LLP

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By: /s/ Karl Olson (signature page attached)
KARL OLSON
Attorneys for Plaintiffs
JEFFREY HERSON and EAST BAY OUTDOOR,
INC.

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1

STIPULATION RE SUMMARY JUDGMENT; [PROPOSED] ORDER
CASE NO. 9-cv-02516-PJH

1

[PROPOSED] ORDER

2

Having considered the parties’ stipulation regarding summary judgment, which the

3 parties submitted as provided in this Court’s April 25, 2011 Order Granting Summary Judgment
4 in Part and Denying Summary Judgment in Part, it is hereby ORDERED as follows:
5

1.

The parties shall file their additional cross-motions for summary judgment, as
June 29, 2011

6 provided for in this Court’s April 25, 2011 order, on or before July 1, 2011. Each party’s
7 opening brief shall be no more than ten pages in length.
8

2.

Each party shall file a consolidated opposition/reply brief of no more than five

9 pages in length on or before July 27, 2011.
10

3.

The Court will hear argument on the cross-motions for summary judgment on

11 August 10, 2011 at 9:00 a.m.
12

4.

The remaining dates and deadlines established in this Court’s scheduling order, as
will be set after the motion is resolved.

13 amended, are vacated. The new dates and deadlines are established as follows:
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Expert disclosures:

_______________

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Expert discovery cutoff:

_______________

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Pretrial conference:

_______________

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Trial date:

_______________

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18 DATED: May ___, 2011

S

ER

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STIPULATION RE SUMMARY JUDGMENT; [PROPOSED] ORDER
CASE NO. 9-cv-02516-PJH

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