Sheldon v. Dhillon et al

Filing 49

STIPULATION AND ORDER 47 to Extend the Discovery, Pretrial and Trail Dates: Case Management Conference set for 12/11/2009 10:30 AM. Signed by Judge Ronald M. Whyte on 9/11/09. (jg, COURT STAFF) (Filed on 9/11/2009)

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David J. Hacker (CA Bar No. 249272; IL Bar No. 6283022) Benjamin W. Bull (AZ Bar No. 009940) David A. French (TN Bar No. 16692; KY Bar No. 86986)* Travis C. Barham (AZ Bar No. 024867)* ALLIANCE DEFENSE FUND 101 Parkshore Drive, Suite 100, Folsom, California 95630 (916) 932­2850; (916) 932­2851 (fax) [e-mail] Kevin T. Snider (CA Bar No. 170988) Matthew McReynolds (CA Bar No. 234797) PACIFIC JUSTICE INSTITUTE P.O. BOX 276600, Sacramento, California 95827 (916) 857­6900; (916) 857­6902 (fax) [e-mail] [e-mail] Attorneys for Plaintiff JUNE SHELDON Louis A. Leone, Esq. (CA Bar No. 099874) Kathleen Darmagnac, Esq. (CA Bar No. 150843) Katherine A. Alberts, Esq. (CA Bar No. 212825) STUBBS & LEONE A Professional Corporation *E-FILED - 9/11/09* 2175 N. California Blvd., Suite 900 Walnut Creek, CA 94596 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] Attorneys for Defendants BALBIR DHILLON, MARIA FUENTES, AUTUMN GUTIERREZ, RICHARD HOBBS, RONALD J. LIND, RANDY OKAMURA, RICHARD K. TANAKA, ROSA G. PEREZ, ANITA L. MORRIS, MICHAEL L. BURKE, AND LEANDRA MARTIN UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION JUNE SHELDON, Plaintiff, v. The Trustees of the San José/Evergreen Community College District: BALBIR DHILLON, et al., Defendants. STIPULATION AND ORDER TO EXTEND THE DISCOVERY, PRETRIAL, AND TRIAL DATES ­ 1 5:08-cv-03438-RMW Case No. 5:08-cv-03438-RMW STIPULATION AND [] ORDER TO EXTEND THE DISCOVERY, PRETRIAL AND TRIAL DATES Hon. Ronald M. Whyte

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WHEREAS the Court heard the Defendants' Motions to Dismiss on January 9, 2009 and took the matter under submission; WHEREAS the Court has yet to issue a ruling on Defendants' Motions to Dismiss; WHEREAS the Court issued an Order on March 5, 2009 to reset the deadline for mediating this matter until 60 days after the date upon which the Court enters its order regarding the Defendants' Motions to Dismiss; WHEREAS the Court issued an Order following the initial case management conference that set the following dates for discovery, dispositive motions and trial: "The parties will designate expert witnesses by June 12, 2009. All discovery closes on August 7, 2009. The last day for the Court to hear dispositive motions is September 4, 2009. Trial will begin on October 5, 2009." WHEREAS the parties agree that it would be futile to conduct discovery and other pretrial matters prior to receiving the Court's ruling on the pending motion to dismiss;

NOW THEREFORE, IT IS HEREBY STIPULATED, AGREED, AND REQUESTED by and between the parties, by and through their respective undersigned counsel, that the Court vacate the currently scheduled discovery, dispositive motions and trial dates and schedule a further case management conference to reschedule these deadlines 60 days after the Court enters its ruling on the Defendants' Motions to Dismiss.

Dated: June 4, 2009

ALLIANCE DEFENSE FUND By: /s/David J. Hacker David J. Hacker David A. French Attorneys for JUNE SHELDON STUBBS & LEONE By: /s/Katherine Alberts Kathleen Darmagnac Katherine Alberts Attorneys for Defendants BALBIR DHILLON, MARIA FUENTES, AUTUMN GUTIERREZ, RICHARD HOBBS, RONALD J. LIND, RANDY 5:08-cv-03438-RMW

Dated: June 4, 2009

STIPULATION AND ORDER TO EXTEND THE DISCOVERY, PRETRIAL, AND TRIAL DATES ­ 2

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OKAMURA, RICHARD K. TANAKA, ROSA G. PEREZ, ANITA L. MORRIS, MICHAEL L. BURKE, AND LEANDRA MARTIN I hereby attest that I have conferred with Defendants' counsel, Ms. Alberts, and I have her permission to place her ECF signature on this document. /s/David J. Hacker DAVID J. HACKER Attorney for Plaintiff

[] ORDER IT IS HEREBY ORDERED that the current discovery, dispositive motions and trial dates are vacated and that the Court will hold a further case management conference to reschedule these deadlines 60 days after the Court enters its ruling on the Defendants' Motions to Dismiss.

Dated: September 11, 2009

_______________________________ Hon. Ronald M. Whyte UNITED STATES DISTRICT JUDGE

*The Court hereby vacates the Pretrial Conference and Trial date and will set a Case Management Conference for December 11, 2009 @ 10:30 a.m. The parties may contact the Courtroom Clerk, Jackie Lynn Garcia @ 408-535-5375 if, the Court has not issued its ruling on the pending motion.

STIPULATION AND ORDER TO EXTEND THE DISCOVERY, PRETRIAL, AND TRIAL DATES ­ 3

5:08-cv-03438-RMW