United States of America et al v. Bell Transit Corporation et al

Filing 86

ORDER GRANTING 85 STIPULATION TO EXTEND DATES by Judge Phyllis J. Hamilton.(pjhlc2S, COURT STAFF) (Filed on 9/14/2020)

1 Stephen R. Jaffe (SBN 49539)
THE JAFFE LAW FIRM
2 [e-mail]
1 Sansome Street, Suite 3500
3 San Francisco, CA 94104
Telephone: [phone]
4 Attorneys for Relator
STEVEN FALLON
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Sanjay Bhandari (SBN 181920)
6 MCNAMARA SMITH LLP
[e-mail]
7 655 W. Broadway, Suite 1680
San Diego, CA 92101
8 Telephone: [phone]
Attorneys for Defendant
9 BELL TRANSIT CORP.
10 Joseph T, Urbanic (SBN302094)
JACOBSON MARKHAM LLP
11 [e-mail]
890 Cal Center Dr., Suite 210
12 Sacramento, CA 95826
Telephone: [phone]
13 Attorneys for Defendants
HAYWARD UNIFIED SCHOOL DISTRICT,
14 MATTHEW WAYNE, MIRIAM GONZALEZ,
LUCI ROGERS, and TAMMY WATSON
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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18 UNITED STATES OF AMERICA, ex rel.,
STEVEN FALLON, and on behalf of the
19 STATE OF CALIFORNIA,
Plaintiffs-Relators,

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Case No. 4:16-cv-06994-PJH
STIPULATION TO EXTEND DATES AND
[PROPOSED] ORDER THEREON

v.

22 BELL TRANSIT CORPORATION, et al.,
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Defendants.

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Pursuant to Rules 6-1(b) and 6-2 of the Northern District Civil Local Rules, Relator

27 STEVEN FALLON and all active Defendants (BELL TRANSIT CORP., HAYWARD UNIFIED
28 SCHOOL DISTRICT, MATTHEW WAYNE, MIRIAM GONZALEZ (formerly Delgadillo), and
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Case No. 4:16-cv-06994-PJH
STIPULATION TO EXTEND DATES AND ORDER THEREON

1 TAMMY WATSON) (collectively, the “Parties”) hereby agree to recommend that the Court
2 extend several dates in this case for the reasons set forth below.
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1.

Relator’s counsel believes he needs more time to respond to the two motions to

4 dismiss filed on September 8, 2020, noting that the motions are lengthy, and that he also faces an
5 opposition to a motion for summary judgment in another case, due October 8, 2020. He therefore
6 requests that the briefing schedule be amended to allow his opposition to be filed one week after
7 the briefing on that motion, i.e., October 15, with the reply briefing also extended one week to
8 October 29.
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2.

Defendants are inclined to agree as a professional courtesy. However, this briefing

10 schedule conflicts with the Court’s scheduling order (ECF 51), which set the Case Management
11 Conference (CMC) on October 15, 2020 at 2:00 p.m. The Parties agree that it would be best to
12 continue the CMC and related dates until after the pleadings are settled.
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3.

The Parties agree that these time modifications will not materially alter the

14 schedule for this case since there is no trial date or other events or deadlines on calendar.
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NOW, THEREFORE, IT IS HEREBY STIPULATED BY AND AMONG THE

16 PARTIES, SUBJECT TO THE COURT'S APPROVAL, THAT:
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1.

Relator shall respond to Defendants’ motions to dismiss by October 15, 2020.

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2.

Defendants shall file reply briefs by October 29, 2020.

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3.

The CMC will occur on December 17, 2020 at 2:00 PM (or such date thereafter as

20 the Court selects). The Parties will confer pursuant to Rule 26(f) at least 21 days prior, submit a
21 joint CMC statement at least 7 days prior, and serve Rule 26(a)(1) initial disclosures in
22 accordance with Rule 26(a)(1)(C).
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Case No. 4:16-cv-06994-PJH
STIPULATION TO EXTEND DATES AND ORDER THEREON

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4.

All other related case-management and Rule 26 deadlines not explicitly covered

2 by this Stipulation, if any, shall also be extended and calculated based on the dates set forth
3 herein.
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IT IS SO STIPULATED.

5 Dated: September 10, 2020
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THE JAFFE LAW FIRM
By:

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9 Dated: September 10, 2020
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JACOBSON MARKHAM LLP
By:

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Dated: September 10, 2020

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/s/ Stephen R. Jaffe
Stephen R. Jaffe
Attorneys for Relator Steven Fallon

/s/ Joseph Urbanic
Joseph Urbanic
Attorneys for Defendants Hayward Unified
School District, Matthew Wayne, Miriam
Gonzalez, Luci Rogers, and Tammy Watson

MCNAMARA SMITH LLP
By:

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/s/ Sanjay Bhandari
Sanjay Bhandari
Attorneys for Defendant Bell Transit Corp.

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FILER’S ATTESTATION

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Pursuant to Civil Local Rule 5-1(i)(3), regarding signatures, the undersigned hereby

20 attests that concurrence in the filing of the document has been obtained from all of the signatories
21 above.
22 Dated: September 10, 2020
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By:

/s/ Sanjay Bhandari
Sanjay Bhandari

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Case No. 4:16-cv-06994-PJH
STIPULATION TO EXTEND DATES AND ORDER THEREON

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA, ex rel.,
STEVEN FALLON and on behalf of the
STATE OF CALIFORNIA, ,
Plaintiffs-Relators,

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Case No. 4:16-cv-06994-PJH
[PROPOSED] ORDER EXTENDING
DATES

v.

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BELL TRANSIT CORPORATION; et al.,

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Defendants.

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Pursuant to the stipulation entered by the parties and good cause appearing therefor:

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1.

Relator shall respond to Defendants’ motions to dismiss on or before October 15,

2.

Defendants shall file reply briefs on or before October 29, 2020. The Court will

22 2020.
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24 notify the Parties if the Court wishes to hear oral argument.
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3.

The Case Management Conference (CMC) will occur on December 17, 2020 at

26 2:00 PM. The Parties will confer pursuant to Rule 26(f) at least 21 days prior to the CMC, submit
27 a joint CMC statement in the format previously ordered at least 7 days prior to the CMC, and
28 serve Rule 26(a)(1) initial disclosures in accordance with Rule 26(a)(1)(C).
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Case No. 4:16-cv-06994-PJH
STIPULATION TO EXTEND DATES AND ORDER THEREON

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4.

All other related case management deadlines not explicitly covered by this Order, if

2 any, shall also be extended and calculated based on the dates set forth herein.
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IT IS SO ORDERED.

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5 Dated: September 14, 2020
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/s/ Phyllis J. Hamilton
HON. PHYLLIS J. HAMILTON
UNITED STATES DISTRICT JUDGE

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Case No. 4:16-cv-06994-PJH
STIPULATION TO EXTEND DATES AND ORDER THEREON

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CERTIFICATE OF SERVICE

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I hereby certify that on the 10th day of September, 2020, the foregoing document,
STIPULATION TO EXTEND DATES AND [PROPOSED] ORDER THEREON, was
3 electronically transmitted to the Clerk’s Office using the CM/ECF System for filing, and for
transmittal of a Notice of Electronic Filing to all counsel of record who are deemed to have
4 consented to electronic service via the Court’s CM/ECF system.

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/s/ Sanjay Bhandari
Sanjay Bhandari
7 Attorneys for Defendant Bell Transit Corporation

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Case No. 4:16-cv-06994-PJH
CERTIFICATE OF SERVICE