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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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
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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
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Attorneys for Plaintiff City of Oakland,
A Municipal Corporation, Acting By and
Through Its Board of Port Commissioners
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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CITY OF OAKLAND, a Municipal
Corporation, Acting By and Through Its
Board of Port Commissioners
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Plaintiff,
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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,
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SSA TERMINALS, LLC; SSA TERMINALS
(OAKLAND), LLC,
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Counterclaimants,
vs.
CITY OF OAKLAND and Does 1 through 10,
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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
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Plaintiff and Counter-Defendant City of Oakland, a Municipal CO!JlOration, Acting By
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and Though its Board of Port ColllJllissioners (the '.'Port") and Defendants and Counter-
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Claimaots SSA Terminals, LLC and SSA Terminals (Oakland), LLC ("SSAT') seek a second
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order moilifying the trial and pretrial scheduling dates in the Stipulation Further Amending
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Trial-Related Dates and Proposed Order issued on August 1, 2012 (Document I 01) ("Further
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Stipulation"). The grounds for this request are:
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The parties have been engaged in very active fact iliscovery in June and July,
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including 12 fact witness depositions and production of a large number of emails and other
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documents (including those from third parties).
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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.
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In the previous proposed timetable for the rebuttal reports and the response to
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rebuttal reports in the Further Stipulation; the parties ilid not have complete information about
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their experts' respective availability, including long-scheduled vacation commitments and
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scheduled surgery.
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The parties have now determined that these issues reganding expert availability
require a modest extension of dates set out in the Further Stipulation
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Counsel for the parties in this action and in the FMC action have agreed on a
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proposed schedule for submission to the Court. The proposed schedule does not affect the
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January 14, 2013 trial date. However, it does affect the timing of the Case Management
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Conference in this action, currently set for October 15, 2012.
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would be as follows:
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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;
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2.
SECOND STIPULATION FURTHER AMENDING TRlAL-RELATED DATES AND
[PROPOSED) ORDER CASE NO.: Cll-01446 YGR
8113112 (27492) 1472534.2
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DeAdline for responsiv~ repom to rebuttal expertS moved from
c)
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Close of all disqovery moved from OctQ.ber 12, 2012 to November 2,
d)
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September 17,2012 to OctoberS, 2012;
"2012;
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In light of this request, counsel also request that the Case Management
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Co~ in this Action be reset from Mo~y. Octobei 1S, 2012 to ~onday, Novemllc! 12,
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2012 or 11.'1100~ thereafter u is conveo.i~ for the Court {Port counsel unavailable November 20
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through 27). The January 14, 2013lrial date would remain u .scheduled.
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The parties in this matter jointly request by this stipulation the proposed dates. set
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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.
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Respectfully,
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Daie¢ August
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2012
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Da1ed: August~ 2012
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By _Q,M
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· ~~~~~;~t,!.__ _ __:__ _
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RUSSELL, MIRKOVICH & MORROW
Jo~h
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Attorneys for-Defendants and Counterclaimants
SSA Terminals, LLC and SSA Terminals
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(Ooldand), LLC
IT IS SO ORDERED
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Dated: August 15
2012
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va
Gonzales Rogers
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United States District Judge
SEE ABOVE MODIFICATION RE: CMC DATE
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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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