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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1 2 Jesse J. Boykin 745 Jackson St Fairfield, CA 94533-5715 Telephone: (707) 416-7724 3 Plaintiff In pro per 4 5 6 7 MELINDA HAAG (CSBN 132612) United States Attorney JOANN M. SWANSON (CSBN 88143) Chief, Civil Division NEILL T. TSENG (CSBN 220348) Assistant United States Attorney 8 9 10 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 Telephone: (415) 436-7155 FAX: (415) 436-6927 11 12 Attorneys for Defendant PATRICK DONAHOE 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 OAKLAND DIVISION 16 17 JESSE J. BOYKIN, Plaintiff, 18 19 20 v. PATRICK DONAHOE, United States Postmaster General, 21 Defendant. 22 ) ) ) ) ) ) ) ) ) ) ) ) No. C 10-2517 SBA STIPULATION TO CONTINUE PRETRIAL DEADLINES AND VACATE TRIAL DATE; ORDER 23 24 Subject to the approval of the Court, the parties hereby stipulate to continue all pretrial 25 deadlines, including the pretrial conference, by six weeks as set forth below, and to vacate the 26 trial date, to be reset by the Court if necessary. 27 28 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 1 ex parte motion for shortened time, the Court set the motion for hearing on November 15, 2011. 2 (Doc. #73.) The Court subsequently continued the motion hearing to December 6, 2011. (Doc. 3 #77.) On November 30, 2011, the Court vacated the motion hearing and stated that it would 4 resolve the motion in a separate order. (Doc. #78.) Pretrial preparation such as the joint pretrial 5 statement, trial briefs, jury instructions, exhibits, etc., is currently due on December 27, 2011. 6 (Doc. #32.) Motions in Limine and Objections to Evidence are currently due on January 3, 7 2012. Id. The pretrial conference is currently set for January 24, 2012, and jury trial is currently 8 set to begin on January 30, 2012. Id. 9 The parties believe that, given the extensive pretrial preparation that is due in less than two 10 weeks, it would be more efficient for the parties to wait for the Court’s ruling on defendant’s 11 motion for summary judgment, because depending on how the Court rules, the entire complaint, 12 or certain of plaintiff’s claims, may be disposed of on summary judgment or partial summary 13 judgment. If summary judgment is granted, then the parties can avoid unnecessarily expending 14 enormous time and resources on pretrial preparation by awaiting that decision. If partial 15 summary judgment is granted, the parties will benefit from awaiting that decision by receiving 16 guidance on what issues remain for trial to be addressed in their pretrial papers, and will not 17 expend unnecessary time and resources, or unnecessarily consume the Court’s time and 18 resources, by filling the pretrial papers with claims and defenses which may be disposed of on 19 partial summary judgment. 20 The parties believe there is further good cause given that the pretrial preparation and motions 21 in limine are currently due right after Christmas and the New Year. The pro se plaintiff is a 22 letter carrier and the holiday season is the busiest time of the year for the Postal Service. If the 23 requested continuance is granted, the parties and counsel will also have more time to spend with 24 their families during the holiday season. 25 The requested continued pretrial deadlines are as follows: 26 Pretrial Preparation (described in Doc. #32 ¶ 5) due: 2/7/12 27 Motions in Limine and Objections to Evidence due: 2/14/12 28 Responses to Motions in Limine or Objections to Evidence due: 2/21/12 STIP. TO CONTINUE PRETRIAL DEADLINES AND VACATE TRIAL DATE; [PROPOSED] ORDER 2 C 10-2517 SBA 1 Replies to Motions in Limine or Objections to Evidence due: 2/28/12 2 Pretrial Conference: 3/6/12 3 Trial Date: Vacated, to be reset by the Court if necessary 4 5 6 DATED: ________________ By: JESSE J. BOYKIN Plaintiff In Pro Per 7 8 MELINDA HAAG United States Attorney 9 10 11 DATED: ________________ By: NEILL T. TSENG Assistant United States Attorney Attorneys for Defendants 12 13 14 PURSUANT TO STIPULATION, IT IS SO ORDERED: 15 16 17 DATED: 18 12/15/11 _____________________________________________ HONORABLE SAUNDRA BROWN ARMSTRONG UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 STIP. TO CONTINUE PRETRIAL DEADLINES AND VACATE TRIAL DATE; [PROPOSED] ORDER 3 C 10-2517 SBA 1 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 BOYKIN et al, Case Number: CV10-02517 SBA 4 Plaintiff, CERTIFICATE OF SERVICE 5 v. 6 POTTER ET AL et al, 7 Defendant. 8 9 10 11 12 / 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. 13 14 15 16 17 18 Jesse J. Boykin 745 Jackson Street Fairfield, CA 94533-5715 Dated: December 20, 2011 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk 19 20 21 22 23 24 25 26 27 28 STIP. TO CONTINUE PRETRIAL DEADLINES AND VACATE TRIAL DATE; [PROPOSED] ORDER 4 C 10-2517 SBA

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