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
[Federal Rules of Civil Procedure 26(a), (f); Civil Local Rules 7-12, 16-2(d)-(e)]
WHEREAS, plaintiff Millsmont Homeowners Association ("MHA") and defendants the City of Oakland ("City") and DeSilva Gates Construction, L.P. ("DeSilva") (collectively, the "Parties") are in receipt of the Court's August 1, 2008 Order Denying Stipulation to Extend Time to Respond to Complaint and to Continue Case Management Schedule;
WHEREAS, the Parties have reached agreement on all settlement issues, as documented in the Consent Decree attached hereto as Exhibit A, and will submit the Consent Decree with a motion for approval and entry Court immediately after counsel for MHA obtains the homeowners' signatures on the Consent Decree and Access Agreement;
WHEREAS, all other actions necessary for the conclusion of this settlement have been completed by the Parties; and
WHEREAS, the Parties agree that the Case Management Conference should remain scheduled for September 12, 2008, but request an extension of the deadline for the City and DeSilva to respond to the Complaint, to and including September 26, 2008, to avoid unnecessary time and expense.
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 September 26, 2008, for the City and DeSilva to respond to the Complaint; the Case Management Conference date will remain as previously ordered by the Court:
Last day to meet and confer re initial disclosures, early settlement, ADR August 22, 2008 process selection and discovery plan
Last day to complete initial disclosures or state objection in Rule 26(f) September 5, 2008
Report, file Case Management Statement, and file Rule 26(f) Report Initial Case Management Conference September 12, 2008
Last day for defendants to respond to Complaint ...