Sonoma County Association of Retired Employees v. Sonoma County

Filing 25

ORDER re 24 granting STIPULATION to Extend Time to File Rule 26(f) Report. Signed by Judge Claudia Wilken on 2/5/10. (scc, COURT STAFF) (Filed on 2/5/2010)

1 Jeffrey Lewis ­ CA State Bar No. 066587 Email: [e-mail] 2 Bill Lann Lee ­ CA State Bar No. 108452 Email: [e-mail] 3 Andrew Lah ­ CA State Bar No. 234580 Email: [e-mail] 4 Sacha Crittenden Steinberger ­ CA State Bar No. 253823 Email: [e-mail] 5 LEWIS, FEINBERG, LEE, RENAKER & JACKSON, P.C. 1330 Broadway, Suite 1800 6 Oakland, CA 94612 Telephone: [phone] Facsimile: [phone] 8 Attorneys for Plaintiff Sonoma County Association of Retired Employees 9 10 Raymond F. Lynch ­ CA State Bar No. 119065 Email: [e-mail] 11 Sarah D. Mott ­ CA State Bar No. 148597 Email: [e-mail] 12 Caroline Burnett ­ CA State Bar No. 259389 Email: [e-mail] 13 HANSON BRIDGETT LLP 425 Market Street, 26th Floor 14 San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] 16 Attorneys for Defendant Sonoma County 17 18 IN THE UNITED STATES DISTRICT COURT 19 FOR THE NORTHERN DISTRICT OF CALIFORNIA 20 21 SONOMA COUNTY ASSOCIATION OF RETIRED EMPLOYEES, 22 Plaintiff, 23 vs. 24 SONOMA COUNTY, 25 Defendant. 26 27 28 STIPULATION TO EXTEND TIME TO FILE RULE 26(F) REPORT; [PROPOSED] ORDER [CA SE NO. CV 09-4432 CW] Page 1 ) ) ) ) ) ) ) ) ) ) ) Case No. CV 09-4432 CW STIPULATION TO EXTEND TIME TO FILE RULE 26(f) REPORT; [PROPOSED] ORDER [No Hearing Required]

1

Plaintiff the Sonoma County Association of Retired Employees ("SCARE") and

2 Defendant the County of Sonoma (the "County"), through their respective counsel of record, 3 hereby agree and stipulate as follows. 4 1. SCARE filed and served its complaint in this action on September 22, 2009,

5 seeking declaratory and injunctive relief against the County with respect to retiree health 6 benefits. 7 2. The County filed a Motion to Dismiss SCARE's Complaint on December 18,

8 2009. (Docket "Dkt." No. 13) Plaintiffs filed their Opposition to the County's Motion to 9 Dismiss on January 21, 2010. (Dkt. 17.) Defendant's Reply to Plaintiff's Opposition is due on 10 January 28, 2010. 11 3. The Parties' Joint Case Management Conference statement ("CMC Statement") is

12 currently due March 30, 2010. The Parties previously stipulated to make initial disclosures, file 13 the Rule 26(f) Report, and commence written discovery on February 5, 2010. (Dkt. 10.) 14 4. The Parties met and conferred on January 21, 2010, and again on January 25,

15 2010. As a result of and during these discussions, the Parties reconsidered the value of 16 submitting a Rule 26(f) Report on February 5, 2010, well in advance of the April 6, 2010 Initial 17 Case Management Conference. It is evident that the Parties' positions on the scope of discovery 18 and, therefore, their ability to submit a realistic discovery plan and schedule, could be 19 substantially affected by the Court's analysis and disposition of the County's pending Motion to 20 Dismiss. The Parties now believe that the submission of their Rule 26(f) Report should be 21 deferred until the date of the submission of the CMC Statement, as is the usual practice, so that 22 the parties will have the benefit of the Court's disposition of the County's Motion to Dismiss. 23 5. Accordingly, the Parties stipulate and agree that they will file the Rule 26(f) report

24 in conjunction with the CMC Statement on or before March 30, 2010. The Parties have 25 scheduled additional meet and confer dates for March 17, 2010 and March 24, 2010 at 10:00 a.m. 26 to further address the Rule 26(f) Report and the CMC Statement. 27 28 STIPULATION TO EXTEND TIME TO FILE RULE 26(F) REPORT; [PROPOSED] ORDER [CA SE NO. CV 09-4432 CW] Page 2

1 Dated: February 3, 2010 2 3 By: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By:

Respectfully submitted, LEWIS, FEINBERG, LEE, RENAKER & JACKSON, P.C. /s/ Andrew Lah Andrew Lah Attorneys for Plaintiff Jeffrey Lewis Bill Lann Lee Andrew Lah Sacha Steinberger LEWIS, FEINBERG, LEE, RENAKER & JACKSON, P.C. 1330 Broadway, Suite 1800 Oakland, CA 94612 Telephone: [phone] Facsimile: [phone] HANSON BRIDGETT LLP /s/Sarah D. Mott Sarah D. Mott Attorneys for Defendant Raymond F. Lynch Robert A. Blum Sarah D. Mott Caroline B. Burnett 425 Market Street, 26th Floor San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone]

STIPULATION TO EXTEND TIME TO FILE RULE 26(F) REPORT; [PROPOSED] ORDER [CA SE NO. CV 09-4432 CW] Page 3

1 * 2 ORDER 3 Pursuant to the foregoing stipulation, it is so ordered. 4 5 2/5/10 6 Dated: __________________ 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION TO EXTEND TIME TO FILE RULE 26(F) REPORT; [PROPOSED] ORDER [CA SE NO. CV 09-4432 CW] Page 4 * * * *

_______________________________ HONORABLE CLAUDIA WILKEN UNITED STATES DISTRICT COURT

1 I, Andrew Lah, am the ECF user whose identification and password are being used to file this 2 Stipulation to Extend Time to File Rule 26(f) Report; [Proposed] Order, on behalf of all Parties 3 pursuant to Civil Local Rule 7-11. I hereby attest that, pursuant to General Order 45, Section 4 XB, concurrence in the filing of this document has been obtained from each of the other 5 signatories herein. 6 Dated: February 3, 2010 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION TO EXTEND TIME TO FILE RULE 26(F) REPORT; [PROPOSED] ORDER [CA SE NO. CV 09-4432 CW] Page 5 By: /s/ Andrew Lah Andrew Lah, Attorney Lewis, Feinberg, Lee, Renaker & Jackson, P.C.