California-Nevada Annual Conference of the Methodist Church v. City and County of San Francisco

Filing 66

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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1 2 3 4 5 6 7 8 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 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 13 CALIFORNIA-NEVADA ANNUAL CONFERENCE OF THE UNITED METHODIST CHURCH, a California religious corporation, 14 vs. STIPULATION REGARDING SCHEDULING; AND [PROPOSED] ORDER (AS MODIFIED BY THE COURT) Plaintiff, 15 Case No. CV 11-2338 YGR (LB) 16 17 18 Trial Date: July 8, 2013 CITY AND COUNTY OF SAN FRANCISCO, a chartered California city and county; and DOES 1-100, inclusive, Defendants. 19 20 Plaintiff California-Nevada Annual Conference of the United Methodist Church, Defendant 21 City and County of San Francisco and Intervenor Pacific Polk Properties (collectively the "Parties") 22 submits this stipulation. 23 The parties continue to engage in robust settlement negotiations with Magistrate Judge Beeler 24 to achieve a non-litigation outcome for the case. For reasons having to do with the scheduling of 25 Planning Commission meetings, the parties need until October 2012 to determine whether that 26 outcome is achievable. Because the parties agree that it makes no sense to expend funds (including 27 public funds) if a non-litigation outcome is possible, the parties ask the Court to refer this matter to 28 Magistrate Judge Beeler for case management purposes to facilitate discussion between the parties and STIPULATION AND [PROPOSED] ORDER 1 g:\ygrall\ecf-ready\cal-nev 11-2338 order re scheduling.doc CASE NO. CV 11-2338 YGR (LB) 1 other stakeholders. The parties also request that the Court continue the hearing on the motion for 2 judgment on the pleadings until February 5, 2013, which would mean that the City and County of San 3 Francisco and the California-Nevada Annual Conference of the United Methodist Church would file 4 their motions by December 21, 2012. 5 Currently discovery is stayed. The present calendar interval between any discovery motion 6 (and/or Rule 12(c) motion) hearing and trial is approximately ten months. Intervenor Pacific Polk 7 makes the stipulations herein, preserving the ten month interval between discovery hearing and 8 trial. Accordingly, the parties request that the Court continue all pre-trial and trial dates for the same 9 time interval as requested for the motions for judgment on the pleadings (approximately 5 months for 10 11 each deadline). If the California-Nevada Annual Conference of the United Methodist Church, Pacific Polk 12 Properties and other stakeholders reach an agreement, the City agrees to schedule the matter before the 13 Planning Commission as expeditiously as possible. 14 The parties agree that if a non-litigation outcome is not possible they may jointly request that 15 the Court set a new briefing and hearing schedule on the motions for judgment on the pleadings. The 16 parties anticipate making this decision in August or September of 2012. 17 In light of the foregoing the parties have agreed to stipulate as follows: 18 PRETRIAL SCHEDULE 19 NON-EXPERT DISCOVERY CUTOFF: August 12, 2013 20 DISCLOSURE OF EXPERTS (retained/non-retained): Opening: June 10, 2013 21 Rebuttal: July 29, 2013 22 23 EXPERT DISCOVERY CUTOFF: August 23, 2013 DISPOSITIVE MOTIONS: To be heard by: October 10, 2013 24 JOINT PRETRIAL CONFERENCE STATEMENT: Friday, November 8, 2013 25 26 27 28 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) 2 g:\ygrall\ecf-ready\cal-nev 11-2338 order re scheduling.doc 1 With respect to the parties' requests to file Rule 12(c) motions for judgment on the pleadings: 2 MOTIONS TO BE FILED BY: December 21, 2012 3 OPPOSITIONS TO BE FILED BY: January 18, 2013 4 REPLIES TO BE FILED BY: February 1, 2013 5 6 7 8 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. 9 Discovery shall be stayed until the Court rules on the discovery motions. 10 11 SIGNATURE ATTESTATION 12 (U.S.D.C. N.D. Cal. General Order 45, Section X.B.) 13 14 15 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. 16 17 Date: July 12, 2012 18 19 DENNIS J. HERRERA City Attorney By: /s/ Thomas S. Lakritz THOMAS S. LAKRITZ tom.lakritz@sfgov.org 20 21 22 FOR PLAINTIFF: 23 Date: July 12, 2012 SIGNATURE LAW GROUP LLP 24 By: /s/ Gordon Egan GORDON EGAN gegan@signaturelawgroup.com Attorney for Plaintiff California Nevada Annual Conference of the United Methodist Church 25 26 27 28 STIPULATION AND [PROPOSED] ORDER CASE NO. CV 11-2338 YGR (LB) 3 g:\ygrall\ecf-ready\cal-nev 11-2338 order re scheduling.doc 1 FOR PLAINTIFF-INTERVENORS: 2 Date: July 12, 2012 O'LEARY WOOD & ROBBINS LLP 3 By: /s/ B. Douglas Robbins B. DOUGLAS ROBBINS drobbins@owrlaw.com Attorney for Plaintiff-Intervenor Pacific Polk Properties LLC 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER CASE NO. CV 11-2338 YGR (LB) 4 g:\ygrall\ecf-ready\cal-nev 11-2338 order re scheduling.doc ORDER 1 2 After considering the stipulation of the parties, and good cause appearing, 3 IT IS HEREBY ORDERED AS FOLLOWS: 4 The Court refers this matter to Magistrate Judge Beeler for all discovery and case management 5 purposes to facilitate discussion between the parties and other stakeholders. However, the Pretrial 6 Schedule may not be modified without approval of the undersigned. 7 The Court vacates the April 10, 2012 Order and sets the following trial and pretrial dates: 8 PRETRIAL SCHEDULE 9 10 NON-EXPERT DISCOVERY CUTOFF: August 12, 2013 DISCLOSURE OF EXPERTS (retained/non-retained): 11 12 13 Opening: June 10, 2013 Rebuttal: July 29, 2013 EXPERT DISCOVERY CUTOFF: August 23, 2013 DISPOSITIVE MOTIONS: To be heard by: October 10, 2013 14 JOINT PRETRIAL CONFERENCE STATEMENT: Friday, November 8, 2013 15 16 17 PRETRIAL CONFERENCE: November 22, 2013 at 9:00 a.m. TRIAL DATE: December 9, 2013 at 8:30 a.m. 18 TRIAL LENGTH: Ten (10) days 19 With respect to the parties' requests to file Rule 12(c) motions for judgment on the pleadings, 20 and/or discovery motions, the parties will not be required to file letter briefs beforehand. The Court 21 hereby sets the following schedule for these motions: 22 MOTIONS TO BE FILED BY: December 21, 2012 23 OPPOSITIONS TO BE FILED BY: January 18, 2013 24 REPLIES TO BE FILED BY: February 1, 2013 25 MOTIONS TO BE HEARD ON: February 12, 2013 26 This Order terminates Dkt. No. 64. 27 28 STIPULATION AND [PROPOSED] ORDER CASE NO. CV 11-2338 YGR (LB) 5 g:\ygrall\ecf-ready\cal-nev 11-2338 order re scheduling.doc 1 2 IT IS SO ORDERED. Dated: July 16, 2012 3 YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER CASE NO. CV 11-2338 YGR (LB) 6 g:\ygrall\ecf-ready\cal-nev 11-2338 order re scheduling.doc

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