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Franklin v. Sacramento Area Flood Control Agency

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


March 19, 2009

MAGGIE FRANKLIN, PLAINTIFF,
v.
SACRAMENTO AREA FLOOD CONTROL AGENCY, A PUBLIC ENTITY, CITY OF SACRAMENTO, A PUBLIC AGENCY, DEFENDANTS.

JOINT STIPULATION AND [PROPOSED] ORDER TO MODIFY PRETRIAL CONFERENCE STATEMENT FILING DEADLINES

Plaintiff's PTC Statement Filing Date: March 18, 2009 Complaint Filed: June 26, 2007 1st Amended Complaint Filed: June 16, 2008

Plaintiff MAGGIE FRANKLIN and Defendants SACRAMENTO AREA FLOOD CONTROL AGENCY, and the CITY OF SACRAMENTO, by and through their respective attorneys of record, hereby stipulate and request the Court to further modify the Pre-Trial Scheduling Order by extending the date for filing final Pre Trial Conference Statements. It is requested that the parties submit final Pre Trial Conference Statements on or before April 1, 2009. Jury trial in this case is currently scheduled for May 27, 2009.

Good cause exists to change the Final Pre-Trial Conference Statement due date because Defendants' Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment ("Defendants' Motion") against all of Plaintiff's nine claims for relief and ruling from the Court is currently pending before the Court. The hearing for Defendants' Motion came before the Court on March 16, 2009 2:00 p.m., and the Final Pre-Trial Conference is scheduled to occur by the Court's order on April 6, 2009. On March 16, 2009, at the hearing on Defendants' Motion, the Court suggested that the parties should meet and confer regarding the Statements' due dates since the Court wanted to keep the Pre-Trial Conference on the same date (not continue the April 6, 2009 Pre-Trial Conference) and anticipated that a ruling may be issued some time during the week of March 23, 2009. The Court and the parties believe that obtaining the Court's ruling on Defendants' Motion for Summary Judgment before preparing their Separate Pre-Trial Statements will result in the more efficient and effective use of the Court's and Parties' time and resources. For this reason, the parties respectfully request the Court modify the Pre Trial Scheduling Order so that final Pre Trial Conference Statements for both parties are due April 1, 2009.

IT IS SO ORDERED.

20090319

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