Boykin v. Potter et al

Filing 81

STIPULATION AND CASE MANAGEMENT SCHEDULING ORDER: Pretrial Conference set for 3/6/2012 01:00 PM before Hon. Saundra Brown Armstrong.. Signed by Judge ARMSTRONG on 12/15/11. (lrc, COURT STAFF) (Filed on 12/20/2011)

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Jesse J. Boykin
745 Jackson St
Fairfield, CA 94533-5715
Telephone: [phone]

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Plaintiff In pro per
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MELINDA HAAG (CSBN 132612)
United States Attorney
JOANN M. SWANSON (CSBN 88143)
Chief, Civil Division
NEILL T. TSENG (CSBN 220348)
Assistant United States Attorney

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450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
Telephone: [phone]
FAX: [phone]
[e-mail]

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Attorneys for Defendant
PATRICK DONAHOE

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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JESSE J. BOYKIN,
Plaintiff,

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v.
PATRICK DONAHOE, United States
Postmaster General,

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Defendant.
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No. C 10-2517 SBA
STIPULATION TO CONTINUE
PRETRIAL DEADLINES AND
VACATE TRIAL DATE; ORDER

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Subject to the approval of the Court, the parties hereby stipulate to continue all pretrial

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deadlines, including the pretrial conference, by six weeks as set forth below, and to vacate the

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trial date, to be reset by the Court if necessary.

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The parties believe good cause exists for this stipulation and proposed order as follows:
Defendant filed a motion for summary judgment (Doc. #64) on October 3, 2011. On defendant’s
STIP. TO CONTINUE PRETRIAL DEADLINES AND VACATE TRIAL DATE; [PROPOSED] ORDER
C 10-2517 SBA

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ex parte motion for shortened time, the Court set the motion for hearing on November 15, 2011.

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(Doc. #73.) The Court subsequently continued the motion hearing to December 6, 2011. (Doc.

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#77.) On November 30, 2011, the Court vacated the motion hearing and stated that it would

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resolve the motion in a separate order. (Doc. #78.) Pretrial preparation such as the joint pretrial

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statement, trial briefs, jury instructions, exhibits, etc., is currently due on December 27, 2011.

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(Doc. #32.) Motions in Limine and Objections to Evidence are currently due on January 3,

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2012. Id. The pretrial conference is currently set for January 24, 2012, and jury trial is currently

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set to begin on January 30, 2012. Id.

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The parties believe that, given the extensive pretrial preparation that is due in less than two

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weeks, it would be more efficient for the parties to wait for the Court’s ruling on defendant’s

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motion for summary judgment, because depending on how the Court rules, the entire complaint,

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or certain of plaintiff’s claims, may be disposed of on summary judgment or partial summary

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judgment. If summary judgment is granted, then the parties can avoid unnecessarily expending

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enormous time and resources on pretrial preparation by awaiting that decision. If partial

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summary judgment is granted, the parties will benefit from awaiting that decision by receiving

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guidance on what issues remain for trial to be addressed in their pretrial papers, and will not

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expend unnecessary time and resources, or unnecessarily consume the Court’s time and

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resources, by filling the pretrial papers with claims and defenses which may be disposed of on

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partial summary judgment.

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The parties believe there is further good cause given that the pretrial preparation and motions

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in limine are currently due right after Christmas and the New Year. The pro se plaintiff is a

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letter carrier and the holiday season is the busiest time of the year for the Postal Service. If the

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requested continuance is granted, the parties and counsel will also have more time to spend with

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their families during the holiday season.

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The requested continued pretrial deadlines are as follows:

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Pretrial Preparation (described in Doc. #32 ¶ 5) due: 2/7/12

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Motions in Limine and Objections to Evidence due: 2/14/12

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Responses to Motions in Limine or Objections to Evidence due: 2/21/12
STIP. TO CONTINUE PRETRIAL DEADLINES AND VACATE TRIAL DATE; [PROPOSED] ORDER
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C 10-2517 SBA

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Replies to Motions in Limine or Objections to Evidence due: 2/28/12

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Pretrial Conference: 3/6/12

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Trial Date: Vacated, to be reset by the Court if necessary

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DATED: ________________

By:
JESSE J. BOYKIN
Plaintiff In Pro Per

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MELINDA HAAG
United States Attorney

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DATED: ________________

By:
NEILL T. TSENG
Assistant United States Attorney
Attorneys for Defendants

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PURSUANT TO STIPULATION, IT IS SO ORDERED:

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DATED:
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12/15/11

_____________________________________________
HONORABLE SAUNDRA BROWN ARMSTRONG
UNITED STATES DISTRICT JUDGE

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STIP. TO CONTINUE PRETRIAL DEADLINES AND VACATE TRIAL DATE; [PROPOSED] ORDER
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C 10-2517 SBA

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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BOYKIN et al,
Case Number: CV10-02517 SBA

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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POTTER ET AL et al,
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Defendant.
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/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on December 20, 2011, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.

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Jesse J. Boykin
745 Jackson Street
Fairfield, CA 94533-5715
Dated: December 20, 2011
Richard W. Wieking, Clerk
By: LISA R CLARK, Deputy Clerk

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STIP. TO CONTINUE PRETRIAL DEADLINES AND VACATE TRIAL DATE; [PROPOSED] ORDER
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C 10-2517 SBA