Montgomery et al v. Buege et al

Filing 43

STIPULATION and ORDER signed by Judge William B. Shubb on 05/26/10 ORDERING, Discovery due by 10/22/2010; Non-Dispositive Motions filed by 12/6/2010; Pretrial Conference re-set for 2/22/2011 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb; Jury Trial re-set for 5/24/2011 at 09:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Williams, D)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Francis J. Fleming, Esq. [SBN 159274] McDOWELL, SHAW & COLMAN 1655 N. Main Street, Suite 370 Walnut Creek, California 94596 Telephone: (925) 210-1300 Facsimile: (925) 210-1366 Attorneys for Defendants TIM BUEGE, YORKTOWN ARMS APARTMENTS, et al. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SHERRY MONTGOMERY, MARY BUCHANAN, JEWELL FOWLER, JULIE CHRISTIAN, APRIL THIXTON, JERRY THIXTON, ROYCE THIXTON, Plaintiffs, vs. TIM BUEGE, YORKTOWN ARMS APARTMENTS, TC PROPERTY MANAGEMENT, MICHAEL GAVIN, JOSE DIVAS, DOES 1 to 10, Defendants. ___________________________________/ CASE NO. 2:08-CV-00385 STIPULATION FOR CONTINUANCE OF DISCOVERY AND MOTION CUT-OFF DATES AND PRE-TRIAL CONFERENCE AND TRIAL DATE; ORDER THEREON Due to the complexity of this case arising from the myriad issues involved and presented by the 16 causes of action of plaintiff's Complaint, multiple plaintiffs and multiple defendants, substantial discovery is required. As such, counsel for plaintiffs and counsel for defendants have met and conferred and agreed a continuance of the discovery and motion cut-off date, Pre-Trial Conference date and Trial date is necessary to properly prepare this matter for Trial as well as to undertake mediation. IT IS HEREBY STIPULATED AND AGREED by and between the parties through their attorneys of record that: 1. The discovery cut-off deadline currently scheduled for July 22, 2010 be continued to October 22, 2010; STIPULATION FOR CONTINUANCE OF DISCOVERY AND MOTION CUT-OFF DATES AND PRE1 TRIAL CONFERENCE AND TRIAL DATE; ORDER THEREON 1 2 3 4 5 6 2. The motion cut-off deadline currently scheduled for September 6, 2010 be continued to December 6, 2010; 3. The November 29, 2010 Pre-Trial Conference be continued to now take place on February 28, 2011; and 4. The currently scheduled March 22, 2011 Trial be set to commence on May 24, 2011. /s/ Francis J. Fleming 7 8 9 DATED: May 26, 2010 Francis J. Fleming, Esq. Attorney for Defendants, TIM BUEGE and YORKTOWN ARMS APARTMENTS /s/ Nathanial Potratz DATED: May 26, 2010 Nathanial Potratz, Esq. Attorney for Plaintiffs SHERRY MONTGOMERY, MARY BUCHANAN, JEWELL FOWLER, JULIE CHRISTIAN, APRIL THIXTON, JERRY THIXTON, ROYCE THIXTON ORDER The Court having reviewed the Stipulation herein and good cause appearing, hereby orders as follows: 1. 2. 2010; 3. The Pre-Trial Conference scheduled for November 29, 2010 will now take place on The July 22, 2010 discovery cut-off deadline will be continued to October 22, 2010; The September 6, 2010 motion cut-off deadline will be continued to December 6, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 February 22, 2011 at 2:00 p.m.; and 4. The Trial currently scheduled for March 22, 2011 is vacated and will now commence on May 24, 2011 at 9:00 a.m. DATED: May 26, 2010 25 26 27 28 STIPULATION FOR CONTINUANCE OF DISCOVERY AND MOTION CUT-OFF DATES AND PRE2 TRIAL CONFERENCE AND TRIAL DATE; ORDER THEREON

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