Mitchell v. County Of Monterey

Filing 70

STIPULATION AND ORDER AS MODIFIED BY THE COURT to Modify the Scheduling Order Deadlines re 67 Stipulation. Close of All Discovery due by 9/13/2010. Last Date for Hearing Dispositive Motions due by 11/15/2010. Preliminary Pretrial Conference Statement due 9/3/2010. Preliminary Pretrial Conference set for 9/13/2010 11:00 AM in Courtroom 8, 4th Floor, San Jose. Please see order for further modifications. Signed by Judge James Ware on 3/1/2010. (ecg, COURT STAFF) (Filed on 3/1/2010)

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UNIT ED 1 DAVID P. MASTAGNI, ESQ. (SBN 57721) DAVID E. MASTAGNI, ESQ. (SBN 204244) 2 JAMES B. CARR, ESQ. (SBN 53274) ISAAC S. STEVENS, ESQ. (SBN 251245) 5 1912 "I" Street Sacramento, California 95811 -3151 Facsimile: (916) 447-4614 7 N Attorneys for Plaintiffs 8 C OF D IS T IC T 3/1/2010 R 9 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 10 11 14 v. ) 3) 1 16 Defendant.) 17 ) 18 ) 19 12 DANIEL J. MITCHELL".acting for himself) and others similarly situated, ) Case No.: 5:08-01166 JW Plaintiffs, ) ) ) STIPULATION AND ORDER MODIFYING SCHEDULING ORDER PROPOSED ORDER 15 COUNTY OF MONTEREY, ) ) ) ) 20 The parties, through their attorneys of record, hereby stipulate as follows: 21 1. On February 17, 2010, the Court granted Defendant COUNTY OF MONTEREY ("County")leave to amend the Answer fied in this action; 2. In its February 17, 2010 Order, the Court offered to allow the parties to stipulate, subject to the 22 23 24 Court's approval, or file an appropriate motion, for a reasonable extension of the current case 25 schedule. 26 3. On February 17, 2010, the County filed its First Amended Answer; 27 4. The County's First Amended Answer asserts five new affirmative defenses to Plaintiffs' 28 STIPULATION TO EXTEND DEADLINES Mitchell v. County of Monterey Northern District Case No. 5:08-01166 JW A 6 Telephone: (916) 446-4692 ER LI FO A Professional Corporation m Judge Ja es Ware R NIA 3 DAVID D. KING, ESQ. (SN 252074) MASTAGNI, HOLSTEDT, AMICK, 4 MILLER & JOHNSEN S S DISTRICT TE C TA D RDERE IS SO O FIED IT DI AS MO RT U O NO RT H 1 Complaint; 2 5. The parties acknowledge the affrmative defenses raised in the County's First Amended 3 Complaint require significant factual discovery that, as of yet, the parties did not contemplate 4 while conducting discovery in this action; 5 6. The issues raised by the County's First Amended Answer may require expert testimony from 6 additional expert witnesses; 7 7. 9 10 11 The parties agree good cause exists to extend all deadlines set forth in the Court's Scheduling 8 order, as amended November 19, 2009, by at least one hundred and eighty (180) days, as follows: Current Date New Date August 23, 2010 September 8, 2010 Expert Disclosure February 22,2010 12 13 Preliminary Pre-Trial Statements March 12,2010 March 7,2010 Rebuttal Expert Disclosure Preliminary Pre-Trial Conference September 3,2010 Septtember 20,2010 13, 2010 Sep em Secttebeber 13, 2010 O p o mr 25,2010 November20,2010 December 15, 2010 September 3, 2010 14 15 March 22, 2010 April Close of All Discovery Last Day for Hearing Dispositive Motions 26, 2010 16 17 June 21,2010 ---- Joint Pretrial Conference Statement 18 8. Witnesses deposed before the Court granted the County leave to amend may be re-deposed for 19 the purpose of eliciting testimony relevant to the issues raised in the County's First Amended 20 Answer; 21 9. Subsequent depositions of witnesses the parties deposed before the Court granted the County 22 leave to amend shall not count towards the twenty one deposition the parties previously 23 stipulated to. 24 25 Dated: February 18, 2010 MASTAGNI, HOLSTEDT, AMICK, MILLER & JOHNSEN By: 26 27 28 STIPULATION TO EXTEND DEADLINES lsi Isaac S. Stevens ISAAC S. STEVENS Mitr.hell v. County of Monterey Northern District Case No. 5:08-01166 JW -2- Attorney for Plaintiffs DAN MITCHELL, et aL. 2 3 4 5 Dated: February (j 2010 6 7 8 WILLIAM K. RENTZ Sr. Deputy County Counsel Attorney for Defendants COUNTY OF MONTEREY 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION TO EXTEND DEADLINES Mitchell v. County of Monterey Northern District Case No. 5:08-01166 JW -3- 1 ORDER 2 Good cause appearing, AS MODIFIED it is hereby ORDERED that the dates set forth in the Scheduling Order 3 in this case is modified as follows: 4 5 Current Date Expert Disclosure Preliminary Pre-Trial Statements Rebuttal Expert Disclosure New Date February 22,2010 August 23, 2010 September 8, 2010 6 7 8 March 12,2010 March 7, 2010 September 3,2010 September 20,2010 September 13, 2010 September 3, 2010 October 25,2010 Nov mb be 15, 2010 Deceemer r20,2010 September 3, 2010 Preliminary Pre-Trial Conference March 22, 2010 9 Close of All Discovery Last Day for Hearing Dispositive Motions April 26, 2010 June 21, 2010 10 11 Joint Pretrial Conference Statement ---- 12 13 IT is SO ORDERED. March 1, 2010 14 15 Dated: By: HON. JAMES WARE United States District Court Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION TO EXTEND DEADLINES Mitchell v. County of Monterey Northern District Case No. 5:08-01166 JW -4-

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