California-Nevada Annual Conference of the Methodist Church v. City and County of San Francisco
Filing
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STIPULATION REGARDING SCHEDULING AND ORDER [AS MODIFIED BY THE COURT]Court REFERS this matter to Magistrate Judge Beeler for all discovery. Non-Expert Discovery due by 8/12/2013. Dispositive Motions heard by 10/10/13. Rule 12(c) Motions for jugment o n the pleadings, and/or discovery motions: Motions filed by 12/21/12. Oppositions due by 1/18/13.Replies due by 2/1/2013. Final Pretrial Conference set for Friday, 11/22/2013 09:00 AM. 10 Day Jury Selection set for 12/9/2013 08:30 AM before Hon. Yvonne Gonzalez Rogers. Signed by Judge Yvonne Gonzalez Rogers on 7/16/12. (fs, COURT STAFF) (Filed on 7/16/2012) Modified on 7/16/2012 (fs, COURT STAFF).
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DENNIS J. HERRERA, State Bar #139669
City Attorney
KRISTEN A. JENSEN, State Bar #130196
THOMAS S. LAKRITZ, State Bar #161234
Deputy City Attorneys
Fox Plaza
1390 Market Street, 7th Floor
San Francisco, California 94102
Telephone:
(415) 554-3963
Facsimile:
(415) 554-3985
E-Mail:
tom.lakritz@sfgov.org
Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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CALIFORNIA-NEVADA ANNUAL
CONFERENCE OF THE UNITED
METHODIST CHURCH, a California
religious corporation,
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vs.
STIPULATION REGARDING SCHEDULING;
AND [PROPOSED] ORDER (AS MODIFIED
BY THE COURT)
Plaintiff,
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Case No. CV 11-2338 YGR (LB)
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Trial Date:
July 8, 2013
CITY AND COUNTY OF SAN
FRANCISCO, a chartered California city and
county; and DOES 1-100, inclusive,
Defendants.
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Plaintiff California-Nevada Annual Conference of the United Methodist Church, Defendant
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City and County of San Francisco and Intervenor Pacific Polk Properties (collectively the "Parties")
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submits this stipulation.
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The parties continue to engage in robust settlement negotiations with Magistrate Judge Beeler
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to achieve a non-litigation outcome for the case. For reasons having to do with the scheduling of
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Planning Commission meetings, the parties need until October 2012 to determine whether that
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outcome is achievable. Because the parties agree that it makes no sense to expend funds (including
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public funds) if a non-litigation outcome is possible, the parties ask the Court to refer this matter to
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Magistrate Judge Beeler for case management purposes to facilitate discussion between the parties and
STIPULATION AND [PROPOSED] ORDER
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CASE NO. CV 11-2338 YGR (LB)
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other stakeholders. The parties also request that the Court continue the hearing on the motion for
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judgment on the pleadings until February 5, 2013, which would mean that the City and County of San
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Francisco and the California-Nevada Annual Conference of the United Methodist Church would file
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their motions by December 21, 2012.
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Currently discovery is stayed. The present calendar interval between any discovery motion
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(and/or Rule 12(c) motion) hearing and trial is approximately ten months. Intervenor Pacific Polk
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makes the stipulations herein, preserving the ten month interval between discovery hearing and
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trial. Accordingly, the parties request that the Court continue all pre-trial and trial dates for the same
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time interval as requested for the motions for judgment on the pleadings (approximately 5 months for
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each deadline).
If the California-Nevada Annual Conference of the United Methodist Church, Pacific Polk
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Properties and other stakeholders reach an agreement, the City agrees to schedule the matter before the
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Planning Commission as expeditiously as possible.
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The parties agree that if a non-litigation outcome is not possible they may jointly request that
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the Court set a new briefing and hearing schedule on the motions for judgment on the pleadings. The
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parties anticipate making this decision in August or September of 2012.
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In light of the foregoing the parties have agreed to stipulate as follows:
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PRETRIAL SCHEDULE
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NON-EXPERT DISCOVERY CUTOFF: August 12, 2013
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DISCLOSURE OF EXPERTS (retained/non-retained): Opening: June 10, 2013
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Rebuttal: July 29, 2013
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EXPERT DISCOVERY CUTOFF: August 23, 2013
DISPOSITIVE MOTIONS: To be heard by: October 10, 2013
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JOINT PRETRIAL CONFERENCE STATEMENT: Friday, November 8, 2013
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PRETRIAL CONFERENCE: November 22, 2013 at 9:00 a.m.
TRIAL DATE: December 9, 2013 at 8:30 a.m.
TRIAL LENGTH: TBD days
STIPULATION AND [PROPOSED] ORDER
CASE NO. CV 11-2338 YGR (LB)
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With respect to the parties' requests to file Rule 12(c) motions for judgment on the pleadings:
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MOTIONS TO BE FILED BY: December 21, 2012
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OPPOSITIONS TO BE FILED BY: January 18, 2013
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REPLIES TO BE FILED BY: February 1, 2013
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MOTIONS TO BE HEARD ON: February 12, 2013
Intervenor Pacific Polk and/or the City and County of San Francisco, after appropriate meet
and confer, may file cross motions concerning their discovery dispute on the same schedule as the
motions for judgment on the pleadings.
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Discovery shall be stayed until the Court rules on the discovery motions.
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SIGNATURE ATTESTATION
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(U.S.D.C. N.D. Cal. General Order 45, Section X.B.)
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Concurrence in the filing of this document has been obtained from each other signatory, or
from the single signatory, in compliance with General Order 45, Section X.B.
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Date: July 12, 2012
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DENNIS J. HERRERA
City Attorney
By:
/s/ Thomas S. Lakritz
THOMAS S. LAKRITZ
tom.lakritz@sfgov.org
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FOR PLAINTIFF:
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Date: July 12, 2012
SIGNATURE LAW GROUP LLP
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By:
/s/ Gordon Egan
GORDON EGAN
gegan@signaturelawgroup.com
Attorney for Plaintiff
California Nevada Annual Conference of the United
Methodist Church
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STIPULATION AND [PROPOSED] ORDER
CASE NO. CV 11-2338 YGR (LB)
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FOR PLAINTIFF-INTERVENORS:
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Date: July 12, 2012
O'LEARY WOOD & ROBBINS LLP
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By:
/s/ B. Douglas Robbins
B. DOUGLAS ROBBINS
drobbins@owrlaw.com
Attorney for Plaintiff-Intervenor
Pacific Polk Properties LLC
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STIPULATION AND [PROPOSED] ORDER
CASE NO. CV 11-2338 YGR (LB)
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ORDER
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After considering the stipulation of the parties, and good cause appearing,
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IT IS HEREBY ORDERED AS FOLLOWS:
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The Court refers this matter to Magistrate Judge Beeler for all discovery and case management
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purposes to facilitate discussion between the parties and other stakeholders. However, the Pretrial
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Schedule may not be modified without approval of the undersigned.
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The Court vacates the April 10, 2012 Order and sets the following trial and pretrial dates:
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PRETRIAL SCHEDULE
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NON-EXPERT DISCOVERY CUTOFF: August 12, 2013
DISCLOSURE OF EXPERTS (retained/non-retained):
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Opening: June 10, 2013
Rebuttal: July 29, 2013
EXPERT DISCOVERY CUTOFF: August 23, 2013
DISPOSITIVE MOTIONS: To be heard by: October 10, 2013
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JOINT PRETRIAL CONFERENCE STATEMENT: Friday, November 8, 2013
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PRETRIAL CONFERENCE: November 22, 2013 at 9:00 a.m.
TRIAL DATE: December 9, 2013 at 8:30 a.m.
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TRIAL LENGTH: Ten (10) days
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With respect to the parties' requests to file Rule 12(c) motions for judgment on the pleadings,
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and/or discovery motions, the parties will not be required to file letter briefs beforehand. The Court
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hereby sets the following schedule for these motions:
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MOTIONS TO BE FILED BY: December 21, 2012
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OPPOSITIONS TO BE FILED BY: January 18, 2013
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REPLIES TO BE FILED BY: February 1, 2013
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MOTIONS TO BE HEARD ON: February 12, 2013
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This Order terminates Dkt. No. 64.
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STIPULATION AND [PROPOSED] ORDER
CASE NO. CV 11-2338 YGR (LB)
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IT IS SO ORDERED.
Dated: July 16, 2012
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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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STIPULATION AND [PROPOSED] ORDER
CASE NO. CV 11-2338 YGR (LB)
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