Northern California River Watch v. Oakland Maritime Support Services, Inc. et al

Filing 94

ORDER by Judge Claudia Wilken Granting 93 Stipulation Requesting a settlement conference and to Extend Disovery Deadlines and Set Mediation. (ndr, COURT STAFF) (Filed on 10/12/2012)

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Michael R. Lozeau (State Bar No. 142893)
Richard T. Drury (State Bar No. 163559)
Douglas J. Chermak (State Bar No. 233382)
LOZEAU DRURY LLP
410 12th Street, Suite 250
Oakland, CA 94607
Tel: [phone]
Fax: [phone] (fax)
E-mail: [e-mail]
[e-mail]
Attorneys for Plaintiffs
NORTHERN CALIFORNIA RIVER WATCH,
TEAMSTERS LOCAL 70, and EAST BAY
ALLIANCE FOR A SUSTAINABLE ECONOMY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NORTHERN CALIFORNIA RIVER WATCH,
a non-profit corporation; TEAMSTERS
LOCAL 70, a labor organization; and EAST
BAY ALLIANCE FOR SUSTAINABLE
ECONOMY, a non-profit organization,

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Plaintiffs,

Case No.: 4:10-cv-3912 CW-JSC
STIPULATION REQUESTING A
SETTLEMENT CONFERENCE
BEFORE A MAGISTRATE JUDGE;
ORDER TO EXTEND DISCOVERY
DEADLINES AND TRIAL DATE

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v.
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OAKLAND MARITIME SUPPORT
SERVICES, INC., a corporation; WILLIAM
ABOUDI, an individual; and JORGE
GONZALEZ RIVERA d.b.a. CHRISTIAN
BROTHERS TRUCK SERVICES, an
individual; and REDEVELOPMENT AGENCY
OF THE CITY OF OAKLAND, a local public
agency;

Trial Date: June 3, 2013
Courtroom: 2, 4th Floor
Hon. Judge Claudia Wilken

Defendants.
WHEREAS, on June 12, 2012, pursuant to the parties’ Stipulation and [Proposed] Order

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to Extend Discovery Deadlines and Trial Date, the Court issued an order setting forth new

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deadlines for discovery matters, a new pre-trial conference, and a new trial date;

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WHEREAS, the parties have made several rounds of revisions to a draft settlement
agreement and have made significant progress in reaching an agreement in lieu of litigation;
-1STIPULATION AND [PROPOSED] ORDER TO EXTEND
DISCOVERY DEADLINES AND TRIAL DATE

Case No: 4:10-cv-3912 CW-JSC

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WHEREAS, on September 28, 2012, the parties jointly filed a notice of need for ADR
phone conference and believe that a settlement conference with a Magistrate Judge would greatly
assist the parties to reach a settlement;

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WHEREAS, the parties believe it would be in their mutual best interest to extend all
deadlines and the trial date in this matter an additional three months in order to allow the parties
to complete the settlement discussions and to the extent it becomes necessary, complete the
ongoing discovery and;

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WHEREAS, the parties believe that such an extension would conserve the resources of
the court;

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NOW THEREFORE, the parties hereby request that the Court assign this case to a
Magistrate Judge for a settlement conference within the next 30-days, or as soon thereafter is
convenient for the Court, and request that the Court establish the following new discovery
deadlines, pre-trial conference date, and trial date:
Deadline/Date

Date Set in 6/12/12 Order

New Date

Date of Next CMC

2/7/13

5/9/13

Completion of fact discovery

1/18/13

4/19/13

Expert reports

10/19/12

1/18/13

Rebuttal

11/2/12

2/15/13

Complete Expert Discovery

12/4/12

3/15/13

Case-dispositive motions

2/7/13

5/8/13

Pre-trial conference

5/22/13

8/21/13

5-day trial

6/3/13

9/2/13

///
///
///

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Dated: October 10, 2012

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-2STIPULATION AND [PROPOSED] ORDER TO EXTEND
DISCOVERY DEADLINES AND TRIAL DATE

Case No: 4:10-cv-3912 CW-JSC

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/s/ Michael R. Lozeau
MICHAEL R. LOZEAU
Attorney for Plaintiffs

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Dated: October 10, 2012
/s/ Meredith E. Brown
(as authorized on 10/10/12)
MEREDITH E. BROWN
Attorney for Defendants
OAKLAND MARITIME SUPPORT
SERVICES, INC. and WILLIAM ABOUDI

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Dated: October 10, 2012
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/s/ Robert Doty
(as authorized on 10/10/12)
ROBERT DOTY
Attorney for Defendant
REDEVELOPMENT AGENCY OF THE
CITY OF OAKLAND

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PURSUANT TO STIPULATION, it is hereby ordered that:
1. This case shall be referred to a Magistrate Judge for a settlement conference to occur
within 30 days.
2. The trial date and other case management dates are extended as set forth above in the
Parties’ stipulation, except the case dispositive motions will be held on Thursday,
May 9, 2013, and the 5-day jury trial will begin on Tuesday, September 3, 2013.
IT IS SO ORDERED.
Dated: October 12, 2012
Hon. Claudia Wilken
United States District Judge

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-3STIPULATION AND [PROPOSED] ORDER TO EXTEND
DISCOVERY DEADLINES AND TRIAL DATE

Case No: 4:10-cv-3912 CW-JSC