Watson et al v. County of Santa Clara et al

Filing 164

STIPULATION AND ORDER 161 to Continue Trial and All Pretrial Deadlines: Jury Trial set for 1/25/2010 01:30 PM in Courtroom 6, 4th Floor, San Jose. Motion Hearing set for 6/26/2009 09:00 AM in Courtroom 6, 4th Floor, San Jose. Pretrial Conference set for 12/17/2009 02:00 PM in Courtroom 6, 4th Floor, San Jose. Discovery cutoff 6/5/2009. Signed by Judge Ronald M. Whyte on 1/29/09. (jg, COURT STAFF) (Filed on 1/29/2009)

1 2 3 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
A N N M IL L E R R A V E L C o u n ty C o u n s e l C o u n ty o f S a n ta C la r a S a n Jo s e , C a l i fo r n i a

ANN MILLER RAVEL, County Counsel (S.B. #62139) DAVID M. ROLLO, Deputy County Counsel (S.B. #111998) MELISSA R. KINIYALOCTS, Deputy County Counsel (S.B. #215814) OFFICE OF THE COUNTY COUNSEL 70 West Hedding, East Wing, 9th Floor San Jose, California 95110-1770 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants COUNTY OF SANTA CLARA, NORMA SPARKS, YAZMINA LETONA, SHARON BURGAN, JEWELS RAMIREZ, VU TRAN, ANN MILLER RAVEL, RIMA SINGH, AARON WEST, GEORGE KENNEDY, JOHN HAMILTON, ANITA NOBLE, JANET KAHLE, MARY RITTER, DAVID KEARNS, and RAJUI KAZI

*E-FILED - 1/29/09*

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA (San Jose Division)

) ) Plaintiff, ) ) v. ) ) COUNTY OF SANTA CLARA et al., ) ) Defendants. ) __________________________________)

TRACY WATSON et al.,

No.

C06-4029 RMW

STIPULATION AND ORDER TO CONTINUE TRIAL AND ALL PRETRIAL DEADLINES

The parties in the above-captioned action submit the following Stipulation and Proposed Order for the purpose of requesting that the Court continue the trial, presently set for May 11, 2009, and all pretrial deadlines. This request is based on the ground that there are multiple pending motions to dismiss the fourth amended complaint filed by the Evergreen School District and the County Defendants. The parties have agreed to reset the hearing on these motions to March 20, 2009. Due to the status of the pleadings this case will not be ready for trial on May 11, 2009. Accordingly, the parties stipulate to have the trial date and all pretrial deadlines, including the last date to hear dispositive motions and all fact discovery and expert discovery deadlines,
S t ip u la tio n and Order to Continue Trial Date and all Pretrial Deadlines

1

C 0 6 -4 0 2 9 RMW

1 2 3 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
A N N M IL L E R R A V E L C o u n ty C o u n s e l C o u n ty o f S a n ta C la r a S a n Jo s e , C a l i fo r n i a

continued as set forth in the following schedule: 1. Amendment to Pleadings The parties will not add any new parties to this action. Plaintiffs agree that prior to filing any further amended pleading they will obtain Court approval. 2. Motions to Dismiss Fourth Amended Complaint The parties agree that the pending motions to dismiss the Fourth Amended Complaint filed by the Evergreen School District Defendants and County Defendants will be re-set for hearing on March 20, 2009. 3. Discovery a. Non-Expert Discovery cut-off

Non-expert discovery will be completed by June 5, 2009. b. Expert Disclosure

The parties will disclose experts no later than August 17, 2009. c. Rebuttal Expert Witnesses

The parties will disclose rebuttal experts no later than September 17, 2009. d. Expert Discovery cut-off

Expert discovery will be completed by October 16, 2009. 4. Deadline for Hearing Pretrial Motions The final date for hearing on dispositive motions will be June 26, 2009. 5. Final Pretrial Conference The parties are agreeable to participating in a Final Pretrial Conference on December 17, 2009. 6. Trial The parties agree to commence trial on January 25, 2010. // // // //
S t ip u la tio n and Order to Continue Trial Date and all Pretrial Deadlines

2

C 0 6 -4 0 2 9 RMW

1 2 3 4 5 6 7 8 9 10 11 12 13

I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this efiled document.1 ANN MILLER RAVEL County Counsel Dated: January 13, 2009 By: /S/ MELISSA R. KINIYALOCTS Deputy County Counsel Attorneys for County Defendants

Dated: January 13, 2009

By:

/S/ JACQUELYN K. WILSON Attorney for Evergreen School District Defendants

Dated: January 14, 2009 14 15 16 17 Dated: January 14, 2009 18 19 20 21 Dated: January ___, 2009 22 23 24 25 26 27 28
A N N M IL L E R R A V E L C o u n ty C o u n s e l C o u n ty o f S a n ta C la r a S a n Jo s e , C a l i fo r n i a

By:

/S/ CLIFF GREENBERG Attorney for City of San Jose Defendants

By:

/S/ PETER JOHNSON Attorney for Plaintiffs

By: ROBERT R. POWELL Attorney for Plaintiffs

//

1

Mr. Powell was provided notice of this stipulation and indicated that as associated counsel his s ig n a tu re was unnecessary.

------S t ip u la tio n and Proposed Order to Continue Trial Date and all Pretrial Deadlines

3

C 0 6 -4 0 2 9 RMW

1 2 3 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
A N N M IL L E R R A V E L C o u n ty C o u n s e l C o u n ty o f S a n ta C la r a S a n Jo s e , C a l i fo r n i a

ORDER CONTINUING TRIAL AND ALL PRETRIAL DEADLINES The Court, having considered the stipulation of the parties and finding good cause, hereby orders the following: 1. Amendment to Pleadings The parties may not add any new parties to this action. Plaintiffs must obtain Court approval prior to filing any further amended pleadings. 2. Motions to Dismiss Fourth Amended Complaint The pending motions to dismiss the Fourth Amended Complaint filed by the Evergreen School District Defendants and the County Defendants are reset for hearing on March 20, 2009. 3. Discovery a. Non-Expert Discovery cut-off

Non-expert discovery will be completed by June 5, 2009. b. Expert Disclosure

The parties will disclose experts no later than August 17, 2009. c. Rebuttal Expert Witnesses

The parties will disclose rebuttal experts no later than September 17, 2009. d. Expert Discovery cut-off

Expert discovery will be completed by October 16, 2009. 4. Deadline for Hearing Pretrial Motions The final date for hearing on dispositive motions will be June 26, 2009. 5. Final Pretrial Conference The Final Pretrial Conference is set for December 17, 2009. 6. Trial Trial is set to commence on January 25, 2010. IT IS SO ORDERED.

1/29/09 Dated:_________________
161994.wpd

_________________________________ HONORABLE RONALD M. WHYTE United States District Court Judge

S t ip u la tio n and Order to Continue Trial Date and all Pretrial Deadlines

4

C 0 6 -4 0 2 9 RMW