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)
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
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Attorneys for Plaintiffs
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C OF D IS T IC T 3/1/2010 R
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IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
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14 v. ) 3) 1 16 Defendant.) 17 ) 18 )
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12 DANIEL J. MITCHELL".acting for himself)
and others similarly situated, )
Case No.: 5:08-01166 JW
Plaintiffs, )
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STIPULATION AND ORDER MODIFYING SCHEDULING ORDER PROPOSED ORDER
15 COUNTY OF MONTEREY, )
) ) )
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The parties, through their attorneys of
record, hereby stipulate as follows:
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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
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Court's approval, or file an appropriate motion, for a reasonable extension of
the current case
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schedule.
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3. On February 17, 2010, the County filed its First Amended Answer;
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4. The County's First Amended Answer asserts five new affirmative defenses to Plaintiffs'
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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
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S DISTRICT TE C TA
D RDERE IS SO O FIED IT DI AS MO
RT U O
NO
RT
H
1 Complaint;
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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;
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The issues raised by the County's First Amended Answer may require expert testimony from
6 additional expert witnesses;
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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
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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
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March 22, 2010
April
Close of All Discovery
Last Day for Hearing Dispositive Motions
26, 2010
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June 21,2010
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Joint Pretrial Conference Statement
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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;
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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.
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25 Dated: February 18, 2010
MASTAGNI, HOLSTEDT, AMICK, MILLER & JOHNSEN
By:
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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
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Attorney for Plaintiffs DAN MITCHELL, et aL.
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Dated: February (j 2010
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WILLIAM K. RENTZ Sr. Deputy County Counsel Attorney for Defendants COUNTY OF MONTEREY
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STIPULATION TO EXTEND DEADLINES Mitchell v. County of Monterey Northern District Case No. 5:08-01166 JW
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1 ORDER
2 Good cause appearing,
AS MODIFIED
it is hereby ORDERED that the dates set forth in the Scheduling Order
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in this case is modified as follows:
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Current Date
Expert Disclosure
Preliminary Pre-Trial Statements
Rebuttal Expert Disclosure
New Date
February 22,2010
August 23, 2010
September 8, 2010
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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
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Close of All Discovery
Last Day for Hearing Dispositive Motions
April 26, 2010
June 21, 2010
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Joint Pretrial Conference Statement
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IT is SO ORDERED.
March 1, 2010
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Dated:
By:
HON. JAMES WARE United States District Court Judge
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STIPULATION TO EXTEND DEADLINES
Mitchell v. County of Monterey Northern District Case No. 5:08-01166 JW
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