Park Village Apartments Tenants Association et al v. Mortimer Howard Trust et al
Filing
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STIPULATION AND ORDER re 99 Joint Stipulation to Modify Trial Schedule filed by Shirley Smith, Lawrence Lee, Cornelius Weekley, Foster Reuben, Patricia Johnson, Alison Wright, Anahid Issahakian, William Foster, Martin Koch, Park Village Apartments Tenants Association, Maria Lillian Sanchez. Non-expert Discovery due by 9/7/2012. Dispositive Motions due by 10/9/2012. Final Pretrial Conference set for 1/22/2013 02:00 PM in Courtroom E, 15th Floor, San Francisco. Jury Selectio n set for 2/11/2013 08:30 AM in Courtroom E, 15th Floor, San Francisco before Magistrate Judge Elizabeth D. Laporte. Jury Trial set for 2/11/2013 through 2/13/2013 08:30 AM in Courtroom E, 15th Floor, San Francisco before Magistrate Judge Elizabeth D. Laporte. Signed by Judge Elizabeth D Laporte on 8/1/2012. (kns, COURT STAFF) (Filed on 8/6/2012)
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BAY AREA LEGAL AID
LISA GREIF, State Bar No. 214537
NAOMI YOUNG, State Bar No. 105041
ROBERT P. CAPISTRANO, State Bar No. 70382
1735 Telegraph Avenue
Oakland, California 94612
Telephone: 510-663-4744
Facsimile: 510-663-4740
Email: lgreif@baylegal.org
nyoung@baylegal.org
bcapistrano@baylegal.org
NATIONAL HOUSING LAW PROJECT
JAMES R. GROW, State Bar No. 83548
KENT QIAN, State Bar No. 264944
703 Market St. Suite 2000
San Francisco, CA 94103
Telephone: 415-546-7000
Facsimile: 415-546-7007
Email: jgrow@nhlp.org
kqian@nhlp.org
Attorneys for Plaintiffs PARK VILLAGE APARTMENTS TENANTS
ASSOCIATION, FOSTER, et al.
E-FILED
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
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PARK VILLAGE APARTMENTS
TENANTS ASSOCIATION, WILLIAM
FOSTER, SHIRLEY SMITH, ANAHID
ISSAHAKIAN, PATRICIA JOHNSON,
MARTIN KOCH, LAWRENCE LEE,
FOSTER REUBEN, MARIA LILLIAN
SANCHEZ, ALISON WRIGHT and
CORNELIUS WEEKLEY,
Case No. C-09-4780 EDL
STIPULATION TO MODIFY
TRIAL PREPARATION
SCHEDULE AND TRIAL;
[PROPOSED] ORDER
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Plaintiffs,
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v.
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MORTIMER HOWARD TRUST,
MORTIMER R. HOWARD,
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Defendants.
Request to Modify Trial Preparation Schedule and Trial; [Proposed] Order (C-09-4780EDL)
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Pursuant to Federal Rule of Civil Procedure 16(b)(4), Plaintiffs, PARK VILLAGE
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APARTMENT TENANTS ASSOCIATION, et al. (Plaintiffs) and Defendants, MORTIMER
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HOWARD TRUST and MORTIMER HOWARD (Defendants), in the above-entitled action, by and
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through respective counsel, hereby request that the Parties’ Stipulation to Modify Trial Preparation
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Schedule and Trial and the Court Order dated June 11, 2012 (Document #96) be modified to
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accommodate the ongoing settlement discussions between the parties. The current Order establishes
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the following schedule:
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Non-expert discovery cut-off:
August 14, 2012
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Initial expert disclosure deadline:
September 28, 2012
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Rebuttal expert disclosure:
October 12, 2012
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Expert discovery cut-off:
October 31, 2012
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Dispositive motion filing deadline:
August 28, 2012
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Hearing of dispositive motions:
October 2, 2012
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Pre-trial conference:
December 18, 2012 at 2:00 p.m.
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Trial:
January 14, 2013 at 8:30 a.m.
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A Settlement Conference is currently scheduled for August 7, 2012 at 10:30 a.m. with
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Magistrate Judge Beeler. Four continuances of the Settlement Conference have been granted by the
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Court in recognition of the parties continuing progress toward a negotiated settlement. In an effort
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to continue the discussions and build on the progress already made, the parties are also requesting in
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a separately filed request that the currently scheduled settlement conference be continued.
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As part of the productive settlement negotiations to date, Defendants have propounded
discovery on Plaintiffs with the goal of resolving some factual issues and with the hope of bringing
final resolution to the case. In order to continue the substantial progress made to date, the parties
propose the following modification of the trial preparation and trial schedule:
Non-expert discovery cut-off:
September 7, 2012
Initial expert disclosure deadline:
October 12, 2012
Rebuttal expert disclosure:
October 26, 2012
Expert discovery cut-off:
November 9, 2012
Request to Modify Trial Preparation Schedule and Trial; [Proposed] Order (C-09-4780EDL)
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Dispositive motion filing deadline:
October 9, 2012
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Hearing of dispositive motions:
November 13, 2012
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Pre-trial conference:
January 22, 2013, 2:00 p.m.
TBD by Court’s schedule
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Trial:
February 11, 2013, 8:30 a.m.
TBD by Court’s schedule
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RESPECTFULLY SUBMITTED,
BAY AREA LEGAL AID
Lisa S. Greif
Naomi Young
Robert Capistrano
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NATIONAL HOUSING LAW PROJECT
James R. Grow
Kent Qian
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Dated: August 1, 2012
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SWIHART AND ASSOCIATES
Thomas M. Swihart
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/s/ Lisa S. Greif
Lisa S. Greif
Attorneys for Plaintiffs
Dated: August 1, 2012
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/s/ Thomas M. Swihart
Thomas M. Swihart
Attorney for Defendants
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I hereby attest that I have on file all holograph signatures for any signatures indicated by a
"conformed" signature (/s/) within this efiled document.
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Dated: August 1, 2012
By: /s/ Lisa S. Greif
LISA S. GREIF
Attorney for Plaintiffs
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Request to Modify Trial Preparation Schedule and Trial; [Proposed] Order (C-09-4780EDL)
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ORDER
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Good cause appearing therefore, IT IS SO ORDERED.
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Jud
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Request to Modify Trial Preparation Schedule and Trial; [Proposed] Order (C-09-4780EDL)
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R NIA
beth D
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. Laport
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____________________________________
IT
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A DISTRICT JUDGE
UNITED STATES S M
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August 1, 2012
DATED:_______________
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