Montano v. Sinnaco

Filing 67

STIPULATION AND ORDER REGARDING SETTLEMENT CONFERENCE AND EXPERT DISCOVERY DEADLINE (approving 65 ). Signed by Judge Jeremy Fogel on 5/4/2011. (jflc2, COURT STAFF) (Filed on 5/4/2011)

1
2
3
4
5
6
7
8
9
10
11
12

KAMALA D. HARRIS
Attorney General of California
TYLER PON
Supervising Deputy Attorney General
KAY K. YU
Deputy Attorney General
State Bar No. 142479
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendant Cesar Sinnaco

**E-Filed 5/4/2011**

BINGHAM McCUTCHEN LLP
William Bates III (SBN 63317)
[e-mail]
Christopher M. O’Connor (SBN 229576)
[e-mail]
1900 University Ave.
East Palo Alto, CA 94303
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiff Washington C. Montano

13
UNITED STATES DISTRICT COURT
14
NORTHERN DISTRICT OF CALIFORNIA
15
SAN JOSE DIVISION
16
17
WASHINGTON C. MONTANO,

Case No.: 5:04-cv-00543 JF (PR)

18

-----------------STIPULATION AND [PROPOSED]
ORDER REGARDING SETTLEMENT
CONFERENCE AND EXPERT
DISCOVERY DEADLINE

Plaintiff,
19
v.
20
21
22

CESAR L. SINNACO,

Courtroom:
Judge:

Defendant.

3, 5th Floor
Hon. Jeremy Fogel

Trial Date:
July 5, 2011
Action Filed: Feb. 9, 2004

23
24
25
26
27
28

1
STIPULATION AND [PROPOSED] ORDER REGARDING SETTLEMENT CONFERENCE
AND EXPERT DISCOVERY DEADLINE (5:04-cv-00543 JF (PR))

1
2

Plaintiff Washington C. Montano and Defendant Cesar L. Sinnaco (collectively, “parties”),
through their counsel of record, hereby stipulate as follows:

3

WHEREAS, on December 21, 2010, the parties filed an Amended Stipulation and

4

[Proposed] Order Regarding Case Schedule, which sought to amend the scheduling order

5

approved by the Court on December 9, 2010 to accommodate Plaintiff’s request for an extension

6

due to his expert’s discovery of a conflict;

7
8

WHEREAS, on January 13, 2011 the Court approved the Stipulation and [Proposed] Order
Regarding Case Schedule;

9
10

WHEREAS, the parties have since exchanged expert disclosures and agreed to the
scheduling of depositions of their expert witnesses;

11

WHEREAS, the parties have discussed the possibility of settlement, and have agreed to

12

request that this Court order the parties to a settlement conference with Magistrate Judge Vadas;

13

WHEREAS, the parties have contacted Magistrate Judge Vadas, who has tentatively

14

scheduled a settlement conference on May 31, 2011 for this matter pending an order of this Court;

15

WHEREAS, the parties have discussed the potential benefits to the parties and the expert

16

witnesses of postponing expert witness depositions until after the parties attempt to resolve their

17

dispute at a settlement conference; and

18

WHEREAS the parties met and conferred, and hereby seek the Court to order their

19

attendance at a settlement conference and to amend the Court’s scheduling order to continue the

20

deadline for expert discovery until June 15, 2011 to allow the parties time to depose expert

21

witnesses, if necessary, after the settlement conference but before trial;

22

//

23

//

24

//

25

//

26

//

27

//

28

//

2
STIPULATION AND [PROPOSED] ORDER REGARDING SETTLEMENT CONFERENCE
AND EXPERT DISCOVERY DEADLINE (5:04-cv-00543 JF (PR))

1

THE PARTIES HEREBY STIPULATE to the following for Court approval:

2

1) The deadline to conclude expert discovery will be continued from May 9, 2011 to June

3
4

15, 2011, without modification of the pending trial dates for this action.
2) The parties will appear before Magistrate Judge Vadas at the Correctional Training

5

Facility in Solano on May 31, 2011 for a settlement conference at a time to be set by Magistrate

6

Judge Vadas.

7
8

Dated: April 28, 2011

9
10

KAMALA D. HARRIS
Attorney General of California
TYLER PON
Supervising Deputy Attorney General
By:

11
12
13

/s/ Kay K. Yu
Kay K. Yu
Deputy Attorney General
Attorneys for Defendant Cesar Sinnaco

I, Christopher M. O’Connor, declare, under penalty of perjury under the laws of the United

14

States of America, that Deputy Attorney General Kay K. Yu has concurred in the filing of this

15

document.

16

Dated: April 28, 2011

17

BINGHAM McCUTCHEN LLP
By:

18

/s/ Christopher M. O'Connor
Christopher M. O’Connor
Attorneys for Plaintiff Washington C. Montano

19
20
21
22
23

PURSUANT TO STIPULATION, IT IS SO ORDERED.
5/4/2011
Dated: ___________________
_______________________________
Hon. Jeremy Fogel

24
25
26
27
28

3
STIPULATION AND [PROPOSED] ORDER REGARDING SETTLEMENT CONFERENCE
AND EXPERT DISCOVERY DEADLINE (5:04-cv-00543 JF (PR))