City of Oakland v. SSA Terminals, LLC et al

Filing 119

SIXTH STIPULATION AND ORDER FURTHER AMENDING TRIAL-RELATED DATES Discovery cutoff 2/22/2013. Signed by Judge Yvonne Gonzalez Rogers on 12/19/12. (fs, COURT STAFF) (Filed on 12/19/2012)

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MICHELE HEFFES #160733
ACTING PORT ATTORNEY
DONNELL CHOY #85458
DEPUTY PORT ATTORNEY
PORT OF OAKLAND
530 Water Street, 4th Floor
Oakland, California 94607
Telephone: [phone]

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RICHARD T. WHITE #58622
J. BRITTAIN HABEGGER #57192
FITZGERALD ABBOTT & BEARDSLEY LLP
1221 Broadway, 21st Floor
Oakland, California 94612
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]; [e-mail]
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
Plaintiff,

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SIXTH STIPULATION FURTHER
AMENDING TRIAL-RELATED DATES
AND [PROPOSED] ORDER

vs.
SSA TERMINALS, LLC, SSA TERMINALS
(OAKLAND), LLC and DOES 1 through 50,
inclusive,
Defendant.
SSA TERMINALS, LLC; SSA TERMINALS
(OAKLAND), LLC,
Counterclaimants,

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CASE NO.: C11-01446 YGR

vs.
CITY OF OAKLAND and Does 1 through 10,
Counter-Defendants.

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1.
SIXTH STIPULATION FURTHER AMENDING TRIAL-RELATED DATES AND
[PROPOSED] ORDER CASE NO.: C11-01446 YGR
12/19/12 (27492) #490962.2

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After conference with the Court and counsel on December 17, 2012, Plaintiff and

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Counter-Defendant City of Oakland, a Municipal Corporation, Acting By and Through its

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Board of Port Commissioners (the “Port”), and Defendants and Counter-Claimants SSA

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Terminals, LLC, and SSA Terminals (Oakland), LLC (“SSAT”), seek a fifth order

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modifying the trial and pretrial scheduling dates in the Order Regarding Fourth Stipulation

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Further Amending Trial-Related Dates dated October 29, 2012 (“Fourth Order,”

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Document 111), and the Civil Minutes issued following a telephone conference between

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the Court and counsel held on November 7, 2012 (“Minutes,” Document 112) as follows:

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1.

The pre-trial and trial dates set forth in the Fourth Order (Document 111)

and Minutes (Document 112) are vacated.

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2.

The following new dates apply:

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(a)

the trial date will be set on not less than three weeks’ notice from

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the Court on or after May 3, 2013, with Jury Selection to occur when the Court

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designates;

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(b)

close of all discovery on February 22, 2013;

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(c)

the pretrial conference, exchange of exhibits, pretrial conference

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motions and statements, and the filing of all trial documents be rescheduled as follows:
 March 29 Exchange trial exhibits and Motions in Limine [MIL]


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April 12

File Joint Pretrial Conference Statement

April 19

File opposition to MILs



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Last day to meet and confer re Joint Pretrial Statement



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April 5



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April 26

File all trial documents [Proposed Order re Stipulations, Witness
Lists, Expert Witness Lists, Exhibit Lists, Discovery Excerpts, Jury
Instructions, Joint Statement of Case, Voir Dire List and Proposed
Verdict Forms]

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///
///

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2.
SIXTH STIPULATION FURTHER AMENDING TRIAL-RELATED DATES AND
[PROPOSED] ORDER CASE NO.: C11-01446 YGR
12/19/12 (27492) #490962.2

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

May 3

Pre-Trial Conference

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Dated: December _____, 2012

Respectfully,
FITZGERALD ABBOTT & BEARDSLEY LLP

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By
Richard T. White
Attorneys for Plaintiff and Counter-Defendant

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Dated: December _____, 2012

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RUSSELL, MIRKOVICH & MORROW
By
Joseph N. Mirkovich
Attorneys for Defendants and Counterclaimants
SSA Terminals, LLC and SSA Terminals
(Oakland), LLC

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ORDER

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Pursuant to the above Stipulation, IT IS SO ORDERED. This Order terminates Dkt.
Nos. 115 & 117.

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Dated: December 19, 2012
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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3.
SIXTH STIPULATION FURTHER AMENDING TRIAL-RELATED DATES AND
[PROPOSED] ORDER CASE NO.: C11-01446 YGR
12/19/12 (27492) #490962.2