Sanders v. LaHood

Filing 27

Order Granting 26 Third Stipulation Modifying Case Schedule. Signed by Hon. Edward J. Davila on 11/27/2012.(ecg, COURT STAFF) (Filed on 11/27/2012)

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MELINDA HAAG (CSBN 132612)
United States Attorney
ALEX TSE (CSBN 152348)
Chief, Civil Division
CLAIRE T. CORMIER (CSBN 154364)
Assistant United States Attorney

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150 Almaden Blvd., Suite 900
San Jose, California 95113
Telephone: [phone]
FAX: [phone]
[e-mail]

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Attorneys for Defendant, Raymond LaHood,
Secretary, United States Department of Transportation

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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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BOBBY SANDERS,
Plaintiff,

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v.
RAYMOND LAHOOD, SECRETARY,
UNITED STATES DEPARTMENT OF
TRANSPORTATION,
Defendant.

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Case No. CV 11-04391 EJD
THIRD STIPULATION AND
[PROPOSED] ORDER MODIFYING
XXXXXXX
CASE SCHEDULE

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On April 17, 2012, the Court issued a scheduling order for this case. On April 27, 2012,

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the Court referred the case to the Court’s mediation program. On May 16, 2012, the parties

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received a notice of appointment of a mediator. In July, having heard nothing from the court-

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appointed mediator, defendant’s counsel contacted the Court’s ADR office. After some

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discussion, it was determined that the ADR office would appoint a different mediator for the

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case. On August 2, 2012, the Court appointed William Murphy as mediator. The mediation with

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Mr. Murphy was scheduled to take place on October 15, 2012, then was rescheduled to

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November 9, 2012 to accommodate some out-of-state training that plaintiff was required to take

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relating to his current employment.
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STIPULATION AND [PROPOSED] ORDER MODIFYING SCHEDULE
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Upon stipulation of the parties, the Court has twice modified the scheduling order for this

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case to accommodate the above issues.
Both parties have propounded and responded to written discovery, and defendant has

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taken plaintiff’s deposition. The parties participated in mediation on November 9, 2012.

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Though the case has not yet settled, the parties, counsel, and the mediator are having continuing

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discussions that may yet lead to settlement. Accordingly the parties HEREBY STIPULATE

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AND REQUEST that the Court make the following modifications to the schedule so that the

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parties may continue settlement talks prior to spending time and money on further discovery.

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Event

Current Date

Proposed Date

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Expert Disclosure

January 11, 2013

February 22, 2013

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Fact discovery cutoff

January 31, 2013

March 14, 2013

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Rebuttal Expert Disclosure

February 13, 2013

March 27, 2013

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Expert Discovery Cutoff

March 15, 2013

April 26, 2013

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Last Day to File Dispositive Motions

April 5, 2013

May 17, 2013

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Joint Preliminary Pretrial Conf Stmt

April 22, 2013

June 3, 2013

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Preliminary Pretrial Conference

May 3, 2013

June 14, 2013 at 11:00 AM

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IT IS SO STIPULATED.
Respectfully submitted,

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DATED: November 26, 2012

EMPLOYMENT RIGHTS ATTORNEYS

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/s/ Richard Dean Schramm

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RICHARD DEAN SCHRAMM
Attorney for Plaintiff

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DATED: November 26, 2012

MELINDA HAAG
United States Attorney

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/s/ Claire T. Cormier

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By:
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CLAIRE T. CORMIER1
Assistant United States Attorney

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I, Claire T. Cormier, hereby attest that I have been authorized to submit the electronic
signatures indicated by a “conformed” signature (/s/) within this e-filed document.
STIPULATION AND [PROPOSED] ORDER MODIFYING SCHEDULE
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XXXXXXXX
[PROPOSED] ORDER

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IT IS SO ORDERED.
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DATED: November ___, 2012

_________________________________________
Edward J. Davila
United States District Judge

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STIPULATION AND XXXXXXX ORDER MODIFYING SCHEDULE
[PROPOSED]
-3Case No. CV11-4391 EJD