Acosta et al v. City of Salinas

Filing 53

Case Management Order. Signed by Judge Lucy Koh on 03/03/2016. (lhklc2S, COURT STAFF) (Filed on 3/3/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
Northern District of California

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Plaintiffs,

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Case No. 15-CV-05415-LHK

RITA ACOSTA, et al.,

CASE MANAGEMENT ORDER

v.
CITY OF SALINAS,
Defendant.

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Plaintiffs’ Attorney: Anthony Prince
Defendant’s Attorneys: Vincent Hurley, Christopher Callihan, Anais Aquino
An initial case management conference was held on March 3, 2016. A further case
management conference is set for June 8, 2016, at 2:00 p.m. The parties shall file one (1) joint
case management statement by June 1, 2016.

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At the case management conference, the Court made the following rulings on the record:
AS-APPLIED CHALLENGE TO SALINAS CITY ORDINANCE 2567
If Plaintiffs intend to proceed with an as-applied challenge to Salinas City Ordinance 2567,
Plaintiffs shall file their motion by March 7, 2016. Defendant shall file a response by March 11,
2016. Given the time-sensitive nature of the issues in this action, no replies shall be filed. The
motion shall be heard on March 17, 2016, at 4:00 p.m.
The hearing date and briefing schedule on Plaintiffs’ motion are subject to change,
depending on when Defendant provides notice that Plaintiffs’ property will be removed from the
Salinas Chinatown area pursuant to Ordinance 2567. Accordingly, Defendant is ordered to file a
statement on when these notices will be issued by March 4, 2016, at 5:00 p.m. If Defendant has
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Case No. 15-CV-05415-LHK
CASE MANAGEMENT ORDER

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not yet decided when the notices will be issued by this March 4 deadline, Defendant shall file a
statement of intent at the end of each subsequent business day until the notices are issued.
ADDITIONAL COUNSEL
New co-counsel for Plaintiffs shall file a notice of appearance by March 17, 2016. If new
co-counsel does not file a notice of appearance by March 17, 2016, Plaintiffs’ counsel shall file a
statement informing the Court of when new co-counsel shall be added to this action.
AMENDMENT OF PLEADINGS
Plaintiffs shall provide to Defendant a proposed amended complaint by April 7, 2016. By
April 14, 2016, Defendant shall inform Plaintiffs as to whether Defendant will stipulate to the
filing of Plaintiffs’ proposed amended complaint. If Defendant declines to so stipulate, Plaintiffs
shall file a motion for leave to amend the complaint by April 21, 2016.

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United States District Court
Northern District of California

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SETTLEMENT
The parties are ordered to hold face-to-face direct settlement discussions by March 7,
2016. By March 8, 2016, the parties shall file a joint settlement status update.
In addition, the parties are hereby referred to a settlement conference with Magistrate
Judge Paul Grewal, to be held by June 3, 2016. The parties are encouraged to contact Judge
Grewal’s Courtroom Deputy, Oscar Rivera (408-535-5378; [e-mail]), as
soon as possible in order to schedule a settlement conference date. If, after learning of Judge
Grewal’s availability, the parties seek an earlier settlement conference date, the parties shall
immediately notify the Court.
DISCOVERY
Plaintiffs shall provide an updated and complete set of initial disclosures to Defendant by
March 4, 2016. Plaintiffs shall produce an initial set of documents to Defendant by March 14,
2016.
In addition, the parties are subject to the discovery limits set forth in the Federal Rules of
Civil Procedure, with the exception that each side may take up to 20 depositions.

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CASE SCHEDULING
The Court set the following case schedule:

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Scheduled Event

Date

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Deadline for Plaintiffs to Provide Initial Disclosures

March 4, 2016

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Deadline for Defendant to Provide Statement on When
Notices Will be Issued

March 4, 2016, at 5:00 p.m.

Deadline to Hold Face-to-Face Settlement Discussions

March 7, 2016

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Deadline to File As-Applied Challenge to Ordinance
2567

Motion: March 7, 2016
Opp’n: March 11, 2016

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Deadline for Plaintiffs to Provide Initial Document
Production

March 14, 2016

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Case No. 15-CV-05415-LHK
CASE MANAGEMENT ORDER

Hearing on As-Applied Challenge to Ordinance 2567

March 17, 2016, at 4:00 p.m.1

Last Day to Amend the Pleadings/Add Parties

April 21, 2016

Deadline to Complete Settlement Conference before
Magistrate Judge

June 3, 2016

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Last Day to File Motion for Class Certification

Hearing on Motion for Class Certification

Motion: September 1, 2016
Opp’n: September 22, 2016
Reply: October 13, 2016
November 3, 2016, at 1:30 p.m.

Close of Fact and Expert Discovery

January 5, 2017

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Last Day to File Dispositive Motions
(one per side in the entire case)

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Hearing on Dispositive Motions

Motion: January 19, 2017
Opp’n: February 9, 2017
Reply: February 23, 2017
March 16, 2017, at 1:30 p.m.

Final Pretrial Conference

May 11, 2017, at 1:30 p.m.

Jury Trial

June 5, 2017, at 9:00 a.m.

Length of Trial

14 days

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United States District Court
Northern District of California

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IT IS SO ORDERED.
Dated: March 3, 2016

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______________________________________
LUCY H. KOH
United States District Judge

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Hearing date and briefing schedule are subject to change.
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Case No. 15-CV-05415-LHK
CASE MANAGEMENT ORDER