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ACOSTA v. CITY OF SALINAS, 15-CV-05415-LHK. (2016)

Court: District Court, N.D. California Number: infdco20160307545 Visitors: 20
Filed: Mar. 03, 2016
Latest Update: Mar. 03, 2016
Summary: CASE MANAGEMENT ORDER LUCY H. KOH , District Judge . 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. At the case management conference, the Court made the following rulings on the record: AS-APPLIED CHALLENGE
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CASE MANAGEMENT ORDER

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.

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 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.

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; oscar_rivera@cand.uscourts.gov), 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.

CASESCHEDULING

The Court set the following case schedule:

Scheduled Event Date Deadline for Plaintiffs to Provide Initial Disclosures March 4, 2016 Deadline for Defendant to Provide Statement on When March 4, 2016, at 5:00 p.m. Notices Will be Issued Deadline to Hold Face-to-Face Settlement Discussions March 7, 2016 Deadline to File As-Applied Challenge to Ordinance Motion: March 7, 2016 2567 Opp'n: March 11, 2016 Deadline for Plaintiffs to Provide Initial Document March 14, 2016 Production 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 June 3, 2016 Magistrate Judge Last Day to File Motion for Class Certification Motion: September 1, 2016 Opp'n: September 22, 2016 Reply: October 13, 2016 Hearing on Motion for Class Certification November 3, 2016, at 1:30 p.m. Close of Fact and Expert Discovery January 5, 2017 Last Day to File Dispositive Motions Motion: January 19, 2017 (one per side in the entire case) Opp'n: February 9, 2017 Reply: February 23, 2017 Hearing on Dispositive Motions 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

IT IS SO ORDERED.

FootNotes


1. Hearing date and briefing schedule are subject to change.
Source:  Leagle

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