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United States v. City and County of San Francisco

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 16, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
CITY AND COUNTY OF SAN FRANCISCO, HETCH HETCHY WATER AND POWER, DEFENDANT.

The opinion of the court was delivered by: The Honorable Dennis L. Beck United States Magistrate Judge

THIRD STIPULATION TO EXTEND SCHEDULING ORDER DATES

Trial Date: February 16, 2010

Plaintiff, the United States of America and Defendant City and County of San Francisco, Hetch Hetchy Water and Power, by and through their respective counsel of record, hereby stipulate as follows:

1. This stipulation is executed by all parties who have appeared in and are affected by this action.

2. On August 26, 2008, the parties filed a stipulation and order to extend scheduling order dates by 120 -- 130 days (Document 14), which the Court signed on August 29, 2008.

3. On October 30, 2008 the parties filed a second stipulation and order to extend scheduling order dates by 60 days (Document 19), which the Court signed on that same date.

4. At the time the parties filed the second stipulation, the City underestimated the amount of time and effort necessary to comply with plaintiff's numerous and extensive discovery requests.

Since that time, the City and its counsel have made efforts to further comply with the outstanding discovery. The parties have had multiple meet and confer conferences regarding a wide variety of discovery issues, some of which are the subject of plaintiff's pending motion to compel. Because the parties appear to have made substantial progress regarding these discovery matters, they have agreed to extend that hearing from January 16, 2009 to a date on or about March 6, 2009 subject to the Court's calendar (the agreement regarding the motion to compel will be memorialized in a separate stipulation).

5. The City has also agreed to file amended discovery responses and, toward that end, is in the process of obtaining additional responsive documents from the Public Utilities Commission and its subcontractors. Given the large number of discovery requests in dispute, as well as the number and type of documents that are potentially responsive to those requests, the parties will require additional time for discovery, motions, and future settlement discussions. Specifically, plaintiff's experts cannot complete their investigation and analysis without information that has not yet been provided by the defendant. Also, the parties have agreed to return to mediation sometime in 2009.

6. Accordingly, the parties now jointly ask this Court to extend dates set in the Scheduling Conference Order as stated below.

CURRENT DATE NEW DATE REQUESTED

Expert Disclosure: March 20, 2009 July 20, 2009

Supplemental Expert Disclosure: April 17, 2009 August 17, 2009

Non-expert Discovery Cutoff: April 17, 2009 August 17, 2009

Expert Discovery Cutoff: June 19, 2009 October 19, 2009

Pretrial Motion Filing Deadline: September 18, 2009 January 19, 2010

Pretrial Motion Hearing Deadline: November 4, 2009 March 4, 2010

Settlement Conference None set none set

CURRENT DATE NEW DATE REQUESTED

Pretrial Conference: December 10, 2009 April 5, 2010

Trial Date: February 16, 2010 May 17, 2010

Respectfully submitted,

FOR PLAINTIFF:

Dated: January 13, 2009

LAWRENCE G. BROWN Acting United States Attorney

CATHERINE J. SWANN Assistant U.S. Attorney Attorneys for Plaintiff The United States (original signature retained by counsel)

FOR DEFENDANT:

Dated: January 13, 2009

DENNIS J. HERRERA City Attorney JOANNE HOEPER Chief Trial Deputy

MARK D. LIPTON Deputy City Attorney Attorneys for Defendant City and County of San Francisco

ORDER

Based on this stipulation and good cause having been shown,

IT IS HEREBY ORDERED that the current Scheduling Order dates are continued, as follows:

CURRENT DATE NEW DATE

Expert Disclosure: March 20, 2009 July 20, 2009

Supplemental Expert Disclosure: April 17, 2009 August 17, 2009

Non-expert Discovery Cutoff: April 17, 2009 August 17, 2009

Expert Discovery Cutoff: June 19, 2009 October 19, 2009

CURRENT DATE NEW DATE

Pretrial Motion Filing Deadline: September 18, 2009 January 19, 2010

Pretrial Motion Hearing Deadline: November 4, 2009 March 4, 2010

Settlement Conference None set none set

Pretrial Conference: December 10, 2009 April 5, 2010

Trial Date: February 16, 2010 May 17, 2010

20090116

© 1992-2009 VersusLaw Inc.



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