Filed: Aug. 31, 2016
Latest Update: Aug. 31, 2016
Summary: STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE, ADR STIPULATION/NOTICE FOR PHONE CONFERENCE DEADLINE, AND RELATED DATES JON S. TIGAR , District Judge . Plaintiffs Jeffrey Ames and Sasha D'Amico ("Plaintiffs") and Defendants City of Novato and Oliver Collins (collectively, "Defendants") by and through their respective counsel of record, hereby stipulate as follows for consideration and approval by the Court: A. WHEREAS, Plaintiffs filed a First Amended Complaint for Damages on
Summary: STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE, ADR STIPULATION/NOTICE FOR PHONE CONFERENCE DEADLINE, AND RELATED DATES JON S. TIGAR , District Judge . Plaintiffs Jeffrey Ames and Sasha D'Amico ("Plaintiffs") and Defendants City of Novato and Oliver Collins (collectively, "Defendants") by and through their respective counsel of record, hereby stipulate as follows for consideration and approval by the Court: A. WHEREAS, Plaintiffs filed a First Amended Complaint for Damages on ..
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STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE, ADR STIPULATION/NOTICE FOR PHONE CONFERENCE DEADLINE, AND RELATED DATES
JON S. TIGAR, District Judge.
Plaintiffs Jeffrey Ames and Sasha D'Amico ("Plaintiffs") and Defendants City of Novato and Oliver Collins (collectively, "Defendants") by and through their respective counsel of record, hereby stipulate as follows for consideration and approval by the Court:
A. WHEREAS, Plaintiffs filed a First Amended Complaint for Damages on May 16, 2016, and served Defendants on May 20, 2016;
B. WHEREAS, on May 31, 2016, the parties agreed and stipulated to extending Defendants' time to respond to Plaintiffs' First Amended Complaint from June 10, 2016, to July 6, 2016;
C. WHEREAS, on July 6, 2016, Defendants City of Novato and Lt. Oliver Collins filed a Motion to Dismiss Portions of Plaintiffs' First Amended Complaint;
D. WHEREAS, on July 6, 2016, the Court scheduled a Case Management Conference for September 14, 2016. The parties' Case Management Conference Statement is due September 7, 2016;
E. WHEREAS, on July 14, 2016, Defendants City of Novato and Lt. Oliver Collins filed a Motion to Sever Plaintiff D'Amico's Claims into a Separate Action;
F. WHEREAS, on July 19, 2016, the parties agreed and stipulated, and this Court approved, that the hearing on Defendants' Motion to Dismiss Portions of Plaintiffs' First Amended Complaint and Motion to Sever Plaintiff D'Amico's Claims into Separate Action be continued to September 1, 2016, at 2:00 p.m. and to extend briefing dates. This stipulation was necessitated by Plaintiff's counsel Mary Shea's stated intention to withdraw from the case due to a serious medical condition;
G. WHEREAS, Fulvio Cajina associated in as co-counsel for Plaintiffs on August 10, 2016;
H. WHEREAS, the hearing on Defendants' Motion to Sever is on calendar for September 1, 2016;
I. WHEREAS, the court vacated the September 1, 2016, hearing set for Defendants' Motion to Dismiss, and will be issuing a decision without oral argument; and
NOW THEREFORE, the Plaintiffs and Defendants stipulate, by and through their counsel and pursuant to Court approval, that:
1. That in the interest of justice and to minimize litigation costs, and because the decisions of the Defendants' Motion to Sever and Motion to Dismiss are pending, the parties request that this Court continue the Case Management Conference from September 14, 2016, in Courtroom 9 of the above-entitled Court, to Wednesday, October 12, 2016.
2. No party will be prejudiced by a continuance of the Case Management Conference by 30 days from September 14, 2016, to Wednesday, October 12, 2016. The parties further stipulate that a joint case management statement must be filed five court days in advance of the continued case management conference, on or before October 4, 2016.
3. The parties agree: (a) to conduct the FRCP 26(f) conference on or before September 14, 2016, and (b) to complete initial disclosures and file the FRCP 26(f) report on or before October 4, 2016.
4. The parties agree to extend the deadline for filing either a Stipulation and [Proposed] Order Selecting an ADR Process or a Notice of Need for ADR Phone Conference, to September 14, 2016.
5. The parties agree that discovery may commence as of October 4, 2016.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
[PROPOSED] ORDER
1. The Case Management Conference is continued from September 14, 2016, to October 19, 2016 at 2:00 p.m. in Courtroom 9 of the above-entitled Court.
2. The parties' joint case management statement must be filed five court days in advance of the continued case management conference, on or before October 11, 2016.
3. The parties shall a) conduct the FRCP 26(f) conference on or before September 14, 2016, and b) complete initial disclosures and file the FRCP 26(f) report on or before October 4, 2016.
4. The parties' deadline for filing either a Stipulation and [Proposed] Order Selecting an ADR Process or a Notice of Need for ADR Phone Conference, is extended to September 14, 2016.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
