Licking Enterprises, Inc. v. City of San Jose et al

Filing 19

STIPULATION AND ORDER 18 Continuing Pretrial and Trial Date: Jury Trial set for 9/14/2009 01:30 PM in Courtroom 6, 4th Floor, San Jose. Motion Hearing set for 7/17/2009 09:00 AM in Courtroom 6, 4th Floor, San Jose. Pretrial Conference set for 8/27/2009 02:00 PM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 4/9/09. (jg, COURT STAFF) (Filed on 4/9/2009)

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RICHARD DOYLE, City Attorney (#88625) GEORGE RIOS, Assistant City Attorney (#77908) CLIFFORD GREENBERG, Senior Deputy City Attorney (#122612) Office of the City Attorney 200 East Santa Clara Street San Jose, California 95113 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendant CITY OF SAN JOSÉ

*E-FILED - 4/9/09*

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSÉ FACILITY

LICKING ENTERPRISES, INC. Plaintiff, v. CITY OF SAN JOSE, a municipal corporation; SAN JOSE CITY COUNCIL; RON GONZALES, CINDY CHAVEZ, PAT DANDO, KEN YEAGER, CHUCK REED, FORREST WILLIAMS, LINDA J. LEZOTTE, NORA CAMPOS, GEORGE SHIRAKAWA, JR., DAVI D. CORTESE, JOHN DIQUISTO, sued in their official capacities, Defendants.

NO.: C07-00735 RMW (PVT) STIPULATION AND ORDER CONTINUING TRIAL DATE; DECLARATION IN SUPPORT

I, Clifford S. Greenberg, hereby declare: 1. I am a Senior Deputy City Attorney for the City of San Jose, assigned to

represent the Defendants in the above-entitled action. 2. This action involves allegations of disability discrimination in connection with the

denial of a rezoning of Plaintiff's property, which is used for rehabilitation services for recovering alcoholics and drug addicts. ///
STIP AND ORDER RE SCHEDULE; C07-00735 RMW (PVT)

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3.

The parties have been attempting to reach a resolution of this matter by a

purchase of the property by the City of San Jose, which is interested in the property for purposes of use as a freeway interchange at Taylor and Highway 101. 4. The parties have engaged in two unsuccessful mediations through the Court's

mediation program, and are currently in the process of setting up a third, private mediation with JAMS. If the case cannot be resolved, Defendants intend to file a Motion for Summary Judgment, in order to dispose of some, if not all, issues involved in the case. Both parties wish to resolve the case prior to the expense and time involved in preparing and defending said motion, and the expense involved in hiring and deposing experts. 5. For these reasons, the parties have agreed to continue the dates for trial,

motions and experts, in order to pursue resolution. The parties propose to adjust the schedule as follows: Current Trial Date: June 22, 2009 Current Motions Date: May 1, 2009 Current PTC: June 4, 2009 Current Expert Disclosure: Passed Proposed Trial Date: September 14, 2009 Proposed Motions Date: July 17, 2009 Proposed PTC: August 27, 2009 Proposed Expert Disclosure: June 22, 2009

STIP AND ORDER RE SCHEDULE; C07-00735 RMW (PVT)

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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 DATED: March 20, 2009

STIPULATION The parties hereby stipulate to adjust the schedule in the above-entitled case, as follows: Current Trial Date: June 22, 2009 Current Motions Date: May 1, 2009 Current PTC: June 4, 2009 Current Expert Disclosure: Passed DATED: March 20, 2009 Proposed Trial Date: September 14, 2009 Proposed Motions Date: July 17, 2009 Proposed PTC: August 27, 2009 Proposed Expert Disclosure: June 22, 2009 RICHARD DOYLE, City Attorney By: __ /s/ Clifford S. Greenberg CLIFFORD S. GREENBERG Senior Deputy City Attorney Attorneys for Defendant CITY OF SAN JOSÉ

LAW OFFICES OF STUART D. KIRCHICK By: __ /s/ Stuart D. Kirchick STUART D. KIRCHICK Attorneys for Plaintiff LICKING ENTERPRISES, INC.

ORDER For good cause shown, it is hereby ORDERED that the schedule for the above-entitled case is adjusted, as follows: Current Trial Date: June 22, 2009 Current Motions Date: May 1, 2009 Current PTC: June 4, 2009 Current Expert Disclosure: Passed Proposed Trial Date: September 14, 2009 Proposed Motions Date: July 17, 2009 Proposed PTC: August 27, 2009 Proposed Expert Disclosure: June 22, 2009

4/9/09 DATED: ________________
STIP AND ORDER RE SCHEDULE; C07-00735 RMW (PVT)

_____________________________ JUDGE, U.S. DISTRICT COURT 3
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