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 Date: June 27, 2008 Time: 10:30 a.m. Courtroom: 7, 19th Floor
[Federal Rules of Civil Procedure 26(a), (f); Civil Local Rules 7-12, 16-2(d)-(e)]
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 City, DeSilva and representatives of plaintiff Millsmont Homeowners Association ("MHA") engaged in extended settlement discussions and an informal exchange of information prior to and following service of the Complaint;
WHEREAS, the parties' settlement discussions produced a Consent Decree documenting a proposed settlement that provides an opportunity for restoration of Chimes Creek, an accompanying Access Agreement to facilitate performance of tasks contemplated by the Consent Decree, and other documents included as exhibits to the Consent Decree;
WHEREAS, with the assistance of Chief Magistrate Judge James Larson at a mediation on November 20, 2007, the parties resolved all remaining settlement issues and placed on the record their agreement on the terms of the Consent Decree and accompanying exhibits, subject to approval by the Oakland City Council and individual homeowners;
WHEREAS, issues have since emerged (1) last month with one of the MHA representatives claiming damage to her property from sewer repairs by the City and its contractor, and (2) at a meeting on January 24, 2008, at which some of the homeowners questioned the scope of the Access Agreement; counsel for the parties are diligently seeking to resolve these issues.
WHEREAS, because of these developments, the parties agree that a further extension of time, to and including May 9, 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 seek to conclude 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 May 9, 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 May 9, 2008 Last day to meet and confer re initial disclosures, early settlement, ADR June 6, 2008 process selection and discovery plan Last day to complete initial disclosures or state objection in Rule 26(f) June 20, 2008 Report, file Case Management Statement, and file Rule 26(f) Report 26 Initial Case Management Conference June 27, 2008 10:30 a.m.
MILLSMONT HOMEOWNERS ASSOCIATION
Upon stipulation of the parties and good ...