Teresi Investments v. City of Mountain View

Filing 32

STIPULATION AND ORDER Extending Fact and Expert Discovery Deadlines re 31 Stipulation. Fact Discovery Cutoff 5/18/2012. Expert Discovery cutoff 7/27/2012. Preliminary Pretrial Conference statement due 4/20/2012. Preliminary Pretrial Conference set for 4/20/2012 11:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Signed by Judge Edward J. Davila on 1/9/2012. (ecg, COURT STAFF) (Filed on 1/9/2012)

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NORMAN EDWARD MATTEONI (SBN: 34724)
GERALD HOULIHAN (SBN: 214254)
MATTEONJ O'LAUGHLIN HECHTMAN
848 The Alameda
San Jose, CA 95126
Telephone: [phone]
Facsimile:
408-293-4005

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Attorneys for Plaintiff
TERESI INVESTMENTS, a California Limited Partnership
LOUIS A. LEONE, ESQ. (SBN: 099874)
JENNIFER N. LOGUE, ESQ. (SBN: 241910)
STUBBS & LEONE
A Professional Corporation
2175 N. California Blvd., Suite 900
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile:
(925) 97 4-8601
JANNIE QUINN, ESQ. (SBN: 137588)
Office of the City Attorney
500 Castro Street
Mountain View, CA 94039-7540
Telephone: [phone]
Facsimile:
[phone]

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Attorneys for Defendant
CITY OF MOUNTAIN VIEW

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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TERESI INVESTMENTS, a California
Limited Partnership
Plaintiff,

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vs.

Case No.: C10-04714 EJD
STIPULATION, JOINT REQUEST AND
[PROPOSED] ORDER EXTENDING
FACT AND EXPERT DISCOVERY
DEADLINES

CITY OF MOUNTAIN VIEW, a Municipal
Corporation, and DOES 1-10, inclusive
Defendants.
STIPULATION, JOINT REQUEST AND [PROPOSED} ORDER EXTENDING FACT AND EXPERT DISCOVERY
DEADLINES

WHEREAS the above-captioned matter was removed from the Superior Court of

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the State of California, County of Santa Clara to the United States District Court for the

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Northern District of California, San Jose Division on October 19, 201 0;
WHEREAS on March 9, 2011, Chief Judge James Ware issued a scheduling

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order setting the close of all discovery in this case on March 16, 2012 and directing the

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parties to exchange and lodge with the Court all expert witness information and expert

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reports by January 13, 2012, 63 days before the close of discovery;
WHEREAS Plaintiff filed by stipulation a first amended complaint on June 7,

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2011;
WHEREAS Defendant City of Mountain View filed an Answer to Plaintiff's First
Amended Complaint and a Counterclaim on July 12, 2011;
WHEREAS the parties have made initial disclosures pursuant to Federal Rule of
Civil Procedure 26, exchanged written discovery requests and jointly have produced
more than 10,000 pages of documents in response to the respective written discovery
requests;
WHEREAS each side continues to review the multitude of documents produced
in this case;
WHEREAS the parties have retained experts but have been unable to provide
their respective expert witnesses with all of the information necessary for their reports
given that document review continues and the parties are still working on scheduling
depositions;
WHEREAS the parties reserve the right to retain liability experts but are in
agreement that at this time it appears the expert testimony primarily will be on the issue
of damages;
WHEREAS Defendant City of Mountain View is currently drafting a motion for
summary judgment as to all of Plaintiff's causes of action;

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STIPULATION, JOINT REQUEST AND [PROPOSED] ORDER EXTENDING FACT AND EXPERT DISCOVERY
DEADLINES

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WH EREAS Defendant City of Mountain View's motion for summary judgment will
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be filed within three weeks;

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IT IS HEREBY STIPULATED and respectfully requested by all parties to this

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action that the fact discovery deadline be extended an additional 63 days to May 18,

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2012, that the expert disclosure deadline be extended to June 18, 2012 and that the

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expert discovery deadline be extended to July 27, 2012.

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Dated: January .1_, 2012

MATTEONI, O'LAUGHLIN & HECHTMAN

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A E
ARD MATTEONI, ESQ.
GERALD HOULIHAN, ESQ.
Attorneys for Plaintiff
TERES I INVESTMENTS

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Dated:

January ~·

2012

STUBBS & LEONE

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LO IS . LEONE, ESQ.
JENER::OGUE, ESQ.
Attorneys for Defendant
CITY OF MOUNTAIN VIEW

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Pursuant to the parties stipulation, IT IS ORDERED THAT:
1. Fact Discovery will close May 18, 2012;
2. Expert Disclosure shall be made no later than June 18, 2012; and
3. Expert Discovery will close July 27, 2012.

4. The Preliminary Pretrial Conference scheduled for February 17, 2012, is CONTINUED to April
20, 2012, _11:00 ,a.m. The parties shall file a Joint Preliminary Pretrial Conference Statement no
Dated: _ at _ _ 2012
later than April 10, 2012.

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DATED: January 9, 2012

EDWARD J. DAVILA
United States District Judge

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STIPULATION, JOINT REQUEST AND [PROPOSED] ORDER EXTENDING FACT AND EXPERT DISCOVERY
DEADLINES
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