The opinion of the court was delivered by: Judge: Hon. Maxine M. Chesney
STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT AND CASE MANAGEMENT SCHEDULE
WHEREAS, defendants the City of Oakland ("City") and DeSilva Gates Construction, L.P. ("DeSilva") were served with plaintiff's Complaint and the accompanying Summons and Order Setting Initial Case Management Conference on or about July 3 and 10, 2006, respectively; WHEREAS, the parties have engaged in settlement discussions and an informal exchange of information prior to and following service of the Complaint, and those settlement discussions produced a draft Consent Decree documenting a proposed settlement;
WHEREAS, with the assistance of Chief Magistrate Judge James Larson, the parties have 6 resolved all remaining settlement issues and agreed on the terms of the Consent Decree;
WHEREAS, because City Council approval will be required on behalf of the City of Oakland, and because of the number of homeowners who will be signatories, final approval and execution will require an additional 60-90 days; therefore, the Parties expect to submit a proposed Consent Decree to the Court on or before January 31, 2008;
WHEREAS, the parties agree that a corresponding extension of time, to and including February 8, 2008, for the City and DeSilva to respond to the Complaint, will avoid potentially unnecessary time and expense, promote judicial economy and serve the public interest while the parties document the proposed settlement; and
WHEREAS, the parties further agree that a corresponding continuance of Case Management dates will facilitate these settlement efforts, avoid potentially unnecessary time and expense, promote judicial economy and serve the public interest.
THEREFORE, subject to the approval of the Court, the parties hereby stipulate and agree that there is good cause for a further extension of time, to and including February 8, 2008, for the City and DeSilva to respond to the Complaint, and for a corresponding continuance of Case Management dates (subject to being vacated upon the lodging of the proposed Consent Decree), as follows:
Last day for defendants to respond to Complaint February 8, 2008
Last day to meet and confer re initial disclosures, early settlement, ADR March 7, 2008 process selection and discovery plan
Last day to complete initial disclosures or state objection in Rule 26(f) March 21, 2008
Report, file Case Management Statement, and file Rule 26(f) Report Initial Case Management ...