Marilley v. McCamman et al

Filing 92

ORDER, as modified by the Court, re 91 STIPULATION WITH PROPOSED ORDER RE AMENDED SCHEDULE filed by Salvatore Papetti, Kevin Marilley, Savior Papetti. Discovery due by 9/17/2012. Plaintiffs' Motion for summary judgment due by 11 /29/2012. Defendant's opposition/cross Motion due by 1/7/2013. Reply/opposition to cross-motion due by 2/7/2013. Reply ISO cross-motion due by 3/7/2013. Motion Hearing set for 3/28/2013 11:00 AM. Pretrial Conference set for 6/19/2013 03:00 PM. 4-day Bench Trial set for 7/1/2013 08:30 AM. Signed by Magistrate Judge Donna M. Ryu on 6/15/2012. (hlkS, COURT STAFF) (Filed on 6/15/2012)

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Stuart G. Gross (#251019)
([e-mail])
Jared M. Galanis (#23859)
([e-mail])
GROSS LAW
The Embarcadero
Pier 9, Suite 100
San Francisco, CA 94111
t [phone]
f [phone]
Class Counsel

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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KEVIN MARILLEY; SALVATORE;
PAPETTI; SAVIOR PAPETTI, on behalf
of themselves and similarly situated,

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Plaintiffs,

Case No. 11-2418 (DMR)
STIPULATION AND [PROPOSED]
ORDER RE AMENDED SCHEDULE
AS MODIFIED

v.
CHARLTON H. BONHAM, in his official
capacity,
Defendant.

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______________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER RE AMENDED SCHEDULE; Case No. 11-2418

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WHEREAS, at the February 23, 2012 hearing on class certification, the Court modified

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its initial August 31, 2011 scheduling order as follows: Non-expert discovery cutoff - July 31,

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2012; Expert disclosure deadline - July 31, 2012; Rebuttal expert disclosure deadline - August

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14, 2012; Expert discovery cutoff - August 28, 2012; Last day to hear dispositive motions -

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September 27, 2012; Last day to meet and confer prior to pre-trial conference - December 11,

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2012; Joint pre-trial conference statement/trial briefs due - December 21, 2012; Objections due -

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December 31, 2012; Pre-trial conference - January 9, 2012 3:00 p.m.; Bench trial - January 22,

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2012 8:30 a.m.;

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WHEREAS, at the February 23, 2012 hearing, the Court also referred the parties to the
Northern District ADR Panel to discuss possible approaches to settlement;

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WHEREAS, the parties participated in mediation sessions with a Court appointed

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mediator and exchanged substantive settlement proposals until, on May 11, 2012, the parties

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ultimately determined that, unfortunately, a settled resolution was not possible;

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WHEREAS, during the pendency of the mediation efforts, the parties entered into an

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informal stay of discovery in order to focus their respective efforts on the achievement of a

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settled resolution and avoid unnecessary work;

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WHEREAS, the parties agree that, in addition to factors related to this informal stay,
several factors would make compliance with the present schedule very difficult;

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WHEREAS, the parties further agree that the schedule modifications sought herein,

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while having a material effect on the schedule for the case, are necessary to ensure that the

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parties have a full and fair opportunity to litigate their respective cases;

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WHEREAS, the following prior stipulated scheduling modifications were entered by the
Court:
•

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August 8, 2011 (Dckt. No. 7), setting a briefing schedule for Defendants’
response to the Complaint, and

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On August 31, 2011, (Dckt. No. 23), setting a briefing schedule for Plaintiffs’
motion for a preliminary injunction; and

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______________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER RE AMENDED SCHEDULE; Case No. 11-2418

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WHEREAS, the second column in the chart below reflects dates set in accordance with

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the Court’s February 23, 2012 scheduling order, except in the case of events for which that

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order did not set a date, in which case slashes are included, and the third column in the chart

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below reflects the proposed agreed upon dates;

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THE PARTIES HEREBY STIPULATE AND AGREE, IN ACCORDANCE WITH CIVIL

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LOCAL RULES 6-2 AND 7-12, SUBJECT TO COURT APPROVAL:

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ITEM
Last day to propound any written discovery requests, with
the exception of requests for admission and associated
interrogatories
Last day to propound requests for admission and
associated interrogatories
Last day to complete document productions
Last day to complete non-expert depositions
Non-expert discovery cutoff
Expert disclosure deadline
Rebuttal expert disclosure deadline
Expert discovery cutoff

Previous
Deadlines

Proposed
Deadlines

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7/17/12

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8/10/12

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7/31/12
7/31/12
8/14/12
8/28/12

8/31/12
9/14/12
9/17/12
9/17/12
10/15/12
10/29/12

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11/29/12

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1/7/13

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2/7/13

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3/10/13 3/7/13

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Last day for Plaintiffs to file a motion for summary
judgment and Daubert challenges
Last day for Defendant to file opposition and crossmotion for summary judgment/opposition to Daubert
challenges and cross-Daubert challenges
Last day for Plaintiffs to file reply ISO summary
judgment and opposition to cross-motion for summary
judgment/reply ISO Daubert challenges and opposition to
cross-Daubert challenges
Last day for Defendant to file reply ISO cross-motion for
summary judgment/reply ISO Daubert Challenges
Last day to hear dispositive motions (Hearing on Cross
MSJs and Daubert Motions)

9/27/12

3/31/13 3/28/13

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Last day to meet and confer prior to pre-trial conference

12/11/12

5/26/13 5/20/13

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Joint pre-trial conference statement/trial briefs due

12/21/12

6/6/13

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Objections due

12/31/12

6/17/13 6/10/13

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Pre-trial conference

1/9/13
3:00 p.m.
1/22/13
8:30 a.m

6/22/13 6/19/13
3:00 p.m.

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Bench trial

Length of trial not to exceed 4 days

5/30/13

6/27/13 7/1/13
8:30 a.m.

______________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER RE AMENDED SCHEDULE; Case No. 11-2418

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Dated: June 14, 2012

Respectfully submitted,

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GROSS LAW

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/s/ Stuart G. Gross
STUART G. GROSS

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Counsel for Plaintiffs and
Proposed Class

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Dated: June 14, 2012

KAMALA D. HARRIS
Attorney General of California
ROBERT W. BYRNE
Supervising Deputy Attorney
General

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/s/ Cecilia L. Dennis
CECILIA L. DENNIS
Deputy Attorney General

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ER

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RT

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_________________________________
M. Ryu
Donna DONNA RYU
MAGISTRATE JUDGE
Judge

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June 15, 2012

R NIA

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Dated:

ERED
O ORD D
IT IS S
DIFIE
AS MO

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RT
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S DISTRICT
TE
C
A
PURSUANT TO STIPULATION, IT IS SO ORDERED, T

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Attorneys for Defendants

UNIT
ED

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D IS T IC T O
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______________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER RE AMENDED SCHEDULE; Case No. 11-2418

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ATTESTATION REGARDING SIGNATURES

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Pursuant to this Court’s General Order 45, section X(B), I hereby attest that I have

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obtained concurrence in the filing of this Stipulation and Proposed Order from the other

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signatory.

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Dated: June 14, 2012

GROSS LAW

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/s/ Stuart G. Gross
Stuart G. Gross

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______________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER RE AMENDED SCHEDULE; Case No. 11-2418

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