City of Oakland v. SSA Terminals, LLC et al

Filing 107

STIPULATION AND ORDER AS MODIFIED re 106 STIPULATION WITH PROPOSED ORDER Further Amending Trial-Related Dates filed by City of Oakland. Close of all Discovery moved from 10/12/2012 to 11/2/2012. Case Management Conference continued to 11/19/2012 at 02:00 PM. Signed by Judge Yvonne Gonzalez Rogers on 8/15/12. (kc, COURT STAFF) (Filed on 8/15/2012)

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l 2 3 4 MICHELE HEFFES #160733 ACTING PORT ATTORNEY DONNELL CHOY #85458 DEPUTY PORT ATTORNEY PORT OF OAKL~ 530 Water Street, 4 Floor Oakland, California 94607 Telephone: (510) 627-1346 5 6 7 8 9 RICHARDT. WHITE #58622 J. BRITTAIN HABEGGER#57192 FITZGERALD ABBOTT & BEARDSLEY LLP 1221 Broadway, 21" Floor Oakland, California 94612 Telephone: (510) 451-3300 Facsimile: (510) 451-1527 Email: rwhite@fablaw.com; bhabegger@fablaw.com 10 11 Attorneys for Plaintiff City of Oakland, A Municipal Corporation, Acting By and Through Its Board of Port Commissioners 12 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 16 CITY OF OAKLAND, a Municipal Corporation, Acting By and Through Its Board of Port Commissioners 17 Plaintiff, 18 19 20 CASE NO.: Cll-01446 YGR SECOND STIPULATION FURTHER AMENDING TRIAL-RELATED DATES AND [PROPOSED] ORDER AS MODIFIED vs. SSA TERMINALS, LLC, SSA TERMINALS (OAKLAND), LLC and DOES 1 through 50, inclusive, 21 22 SSA TERMINALS, LLC; SSA TERMINALS (OAKLAND), LLC, 23 24 25 Counterclaimants, vs. CITY OF OAKLAND and Does 1 through 10, 26 27 28 SECOND STIPULATION FURTHE ,...--,,. . ., 'i-sDING TRIAL-RELATED DATES AND ~==R AME [PROPOSED) ORDER CASE NO.: Cll-01446 YGR 8/1 J/12 (l74!12) 1471$34.2 1 Plaintiff and Counter-Defendant City of Oakland, a Municipal CO!JlOration, Acting By 2 and Though its Board of Port ColllJllissioners (the '.'Port") and Defendants and Counter- 3 Claimaots SSA Terminals, LLC and SSA Terminals (Oakland), LLC ("SSAT') seek a second 4 order moilifying the trial and pretrial scheduling dates in the Stipulation Further Amending 5 Trial-Related Dates and Proposed Order issued on August 1, 2012 (Document I 01) ("Further 6 Stipulation"). The grounds for this request are: 7 l. The parties have been engaged in very active fact iliscovery in June and July, 8 including 12 fact witness depositions and production of a large number of emails and other 9 documents (including those from third parties). 10 11 12 2. On July 19 and July 20, SSAT served the initial expert reports consisting of more than 350 total pages of material from five expert witnesses. 3. In the previous proposed timetable for the rebuttal reports and the response to 13 rebuttal reports in the Further Stipulation; the parties ilid not have complete information about 14 their experts' respective availability, including long-scheduled vacation commitments and 15 scheduled surgery. 16 17 18 4. The parties have now determined that these issues reganding expert availability require a modest extension of dates set out in the Further Stipulation 5. Counsel for the parties in this action and in the FMC action have agreed on a 19 proposed schedule for submission to the Court. The proposed schedule does not affect the 20 January 14, 2013 trial date. However, it does affect the timing of the Case Management 21 Conference in this action, currently set for October 15, 2012. 22 23 6. would be as follows: 24 25 26 27 Under the proposed new schedule the expert disclosure and discovery cutoff a) Disclosure of case-in-chief experts and reports on July 20, 2012 b) Disclosure of rebuttal experts and reports moved from August 27, 2012 to (occurred); September I 0, 20 12; 28 2. SECOND STIPULATION FURTHER AMENDING TRlAL-RELATED DATES AND [PROPOSED) ORDER CASE NO.: Cll-01446 YGR 8113112 (27492) 1472534.2 0 • ·: ·. DeAdline for responsiv~ repom to rebuttal expertS moved from c) 1 0 :,! 2 s Close of all disqovery moved from OctQ.ber 12, 2012 to November 2, d) 3 4 0 September 17,2012 to OctoberS, 2012; "2012; 7. In light of this request, counsel also request that the Case Management 0 •'· 19 0 • 6 Co~ in this Action be reset from Mo~y. Octobei 1S, 2012 to ~onday, Novemllc! 12, 7 2012 or 11.'1100~ thereafter u is conveo.i~ for the Court {Port counsel unavailable November 20 8 through 27). The January 14, 2013lrial date would remain u .scheduled. . 9 8. The parties in this matter jointly request by this stipulation the proposed dates. set 10 11 .,.. · forth above be adopted by this Court. Counsel in the FMC action are makio~ a similar r~est for uniform pro-trial dates to oonfonn t'o this proposal. 12 Respectfully, 13 14 Daie¢ August /3 2012 15 16 17 18 Da1ed: August~ 2012 19 By _Q,M ';;p~~~ .. · ~~~~~;~t,!.__ _ __:__ _ · 20 ; .: 0 RUSSELL, MIRKOVICH & MORROW Jo~h 21 Attorneys for-Defendants and Counterclaimants SSA Terminals, LLC and SSA Terminals 22 (Ooldand), LLC IT IS SO ORDERED 23 24 2S Dated: August 15 2012 ~~~~ va Gonzales Rogers 26 27 United States District Judge SEE ABOVE MODIFICATION RE: CMC DATE 28 3.. . ... . SECOND STIPULATION FURTIIER AMENDING TRIAL-RELATED DATBS AND [PROPOSED] ORDER CASE NO.: C ll -01446 YGR l/13111 (:1749:1) . 471$34.2

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