Mitchell v. Richard Rocha et al

Filing 26

STIPULATION AND ORDER GRANTING REQUEST FOR ORDER AS MODIFIED BY THE COURT re 25 Stipulation. The Case is referred to Magistrate Judge Howard R. Lloyd for a Settlement Conference. On or before August 5, 2011, the parties shall contact Judge Lloyd� 39;s Courtroom Deputy to schedule the conference. All discovery issues are referred to Judge Lloyd and should be brought to Judge Lloyd's attention pursuant to his standing orders. Close of Expert Discovery due 9/30/2011. Joint Case Management Statement due by 10/21/2011. Case Management Conference set for 10/28/2011 10:00 AM in Courtroom 1, 5th Floor, San Jose. Signed by Judge Edward J. Davila on 8/2/2011. (ecg, COURT STAFF) (Filed on 8/2/2011)

S

ER

6

R NIA

a

FO

J . D av i l

LI

d w a rd
J u d ge E

H

Attorney for Plaintiff,
CAROLYN A. MITCHELL

RT

5

NO

4

DERED
SO OR
IT IS
DIFIED
AS MO

A

3

UNIT
ED

2

KATE WELLS, State Bar #107051
Attorney at Law
2600 Fresno Street
Santa Cruz, California 95062
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

RT
U
O

1

ISTRIC
ES D
TC
AT
T

N

7

C
F
D IS T IC T O
R
8/2/2011

UNITED STATES DISTRICT COURT
8

NORTHERN DISTRICT OF CALIFORNIA
9

SAN JOSE DIVISION
10

E-FILED CASE
11
12

CAROLYN A. MITCHELL,

13

Plaintiff,
14

vs.
15
16
17

RICHARD ROCHA, and
DOES 1-15,
Defendants.
_________________________

)
)
)
)
)
)
)
)
)
)
)
)

NO. CV 10-03424 EJD
STIPULATION AND REQUEST FOR
ORDER TO CONTINUE THE
DEADLINE FOR EXPERT DISCOVERY;
TO SET A FURTHER CASE
MANAGEMENT CONFERENCE; AND
FOR ASSIGNMENT TO THE
MAGISTRATE FOR SETTLEMENT
CONFERENCE AND RESOLUTION
OF DISCOVERY DISPUTES

18
19
20

On December 15, 2010, the Honorable Judge Ware issued the Scheduling
Order in this case. The order provided as follows:

21

#

July 29, 2011 - deadline for expert discovery.

22

#

September 30, 2011 - deadline for all other discovery.

23

#

August 29, 2011 - Preliminary Pretrial Conference.

24

No trial date has been set.

25

The case was reassigned to this court on April 25, 2011. The Reassignment

26

Order vacated the August 29, 2011 date for the Preliminary Pretrial Conference, but

27

left in place the discovery deadlines.

28

The parties participated in an Early Neutral Evaluation on June 21, 2011.
STIPULATION AND REQUEST FOR ORDER
Mitchell v. Rocha, et al. Case No. CV 10-03424 EJD

1

1

Discovery is ongoing and the parties are unable to meet the deadline for

2

exchange of expert discovery in accordance with Fed.R.Civ.P. 26(a)(2)(B). As such,

3

the parties agree and stipulate to an extension of the deadline for expert discovery

4

from July 29, 2011, to September 30, 2011, and as such, hereby request an order

5

thereon.

6

Additionally, the parties agree and stipulate that it would be expedient and

7

beneficial to be assigned to a Magistrate Judge for purposes of a Settlement

8

Conference and to resolve various discovery issues, and as such, hereby request an

9

order thereon.

10

Finally, the parties agree and stipulate that it would be beneficial to meet with

11

this court for an initial Case Management Conference for the purpose of setting a trial

12

date and to discuss any other outstanding issues and as such, hereby request an order

13

thereon.

14

IT IS SO STIPULATED.

15

LAW OFFICE OF KATE WELLS

16
17
18
19

Dated: July 27, 2011

20

/s/
Kate Wells
Attorney for Plaintiff Carolyn A. Mitchell

21
22

KAMALA D. HARRIS
Attorney General of California

23
24
25
26

Dated: July 27, 2011
27
28

By:
/s/
Harry T. Gower, III
Deputy Attorney General
Attorney for Defendant Richard Rocha

STIPULATION AND REQUEST FOR ORDER
Mitchell v. Rocha, et al. Case No. CV 10-03424 EJD

2

ORDER

1

Pursuant to a stipulation of the parties and good cause appearing therefor, it is

2
3

hereby ordered as follows:
That the deadline for exchange of expert witness discovery is extended from

4
5
6
7
8
9
10
11

July 29, 2011, to September 30, 2011;
The Case is referred to Magistrate Magistrate Judge Lloydsettlement conference
That the case is referred to the Judge Howard R. for a for a Settlement Conference.
On or before August 5, 2011, the parties shall contact Judge Lloyd's Courtroom Deputy
and resolution of discovery issues as soon are convenientJudge the court; and
to schedule the conference. All discovery issues as referred to with Lloyd and should be brought
to the Judge Lloyd's attention pursuant to his standing orders.
That a Case a Case Management Conference before Judge Davila on October 28,
, 2011, at
The Court set'sManagement Conference is set for
201110:00 a.m. in Department 1. 5th Floor. On or before October 21, 2011, the parties shall file
at 10:00 AM in Courtroom 1,
an updated joint case management conference statement that updates the Court on this case should
proceed. IT IS SO ORDERED.
IT IS SO ORDERED AS MODIFIED.

12
13
14

Dated:

August 2

, 2011
THE HONORABLE EDWARD J. DAVILA
UNITED STATES DISTRICT COURT JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND REQUEST FOR ORDER
Mitchell v. Rocha, et al. Case No. CV 10-03424 EJD

3