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Douglas v. Town of Portola Valley

March 24, 2010

MICHAEL DOUGLAS, AN INDIVIDUAL; LISA DOUGLAS, AN INDIVIDUAL; MICHAEL DOUGLAS, AS TRUSTEE OF THE DOUGLAS FAMILY TRUST; LISA DOUGLAS, AS TRUSTEE OF THE DOUGLAS FAMILY TRUST, PLAINTIFFS,
v.
TOWN OF PORTOLA VALLEY, A PUBLIC ENTITY; WEST BAY SANITARY DISTRICT; CHRISTOPHER BUJA, AN INDIVIDUAL; GEORGE MADER, AN INDIVIDUAL; SPANGLE ASSOCIATES, A CORPORATION; LUIS MEJIA, AN INDIVIDUAL; SAUSAL CREEK ASSOCIATES; AND DOES 1 THROUGH 50, DEFENDANTS.



The opinion of the court was delivered by: Charles R. Breyer United States District Court Judge

STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE: DECLARATION OF BARBARA H. CHOI IN SUPPORT; [PROPOSED] ORDER [Civ. Local Rule 6-2; 7-12]

Plaintiffs, Michael and Lisa Douglas, as individuals and as Trustees of the Douglas Family Trust, and Defendants Town of Portola Valley, George Mader, West Bay Sanitary District, Christopher Buja, Luis Mejia, and Sausal Creek Associates, parties to the above-entitled action by and through their attorneys of record, hereby agree and stipulate to continue the following date:

1. Case Management Conference from March 26, 2010 to (approximately 60 days) at least 30 days after notice of the Court's ruling on the pending Motions to Dismiss the First Amended Complaint separately filed by defendants, 1)Town of Portola Valley, George Mader, and Spangle Associates; 2)West Bay Sanitary Distr ict; and 3) Christopher Buja. The hearing on these three separate Motions to Dismiss are set for hearing on April 16, 2010.

Good cause exists to continue the Case Management Conference date of March 26, 2010. In order to adhere to this deadline, Defendants would have had to meet and confer and file an ADR Certification by March 5th. Initial disclosures and a joint case management conference statement would have had to be filed by March 19th. Due to plaintiffs' recent filing of their First Amended Complaint, with some of the Defendants responding by way of a Motion to Dismiss, and with another Defendant, Luis Mejia, having an agreement with Plaintiffs to a continuance to respond for 60 days until May 1, 2010, the case is not yet at issue to conduct a Case Management Conference. It is premature at this time to expend the court's and parties' resources to proceed with filing a joint statement and preparing initial disclosures to meet the existing Case Management Conference date. Continuing the Case Management Conference will promote case efficiency and judicial economy. The Court's ruling on the Motions to Dismiss may eliminate some, if not all, of the legal issues posed in the First Amended Complaint. As such, the Court's ruling may directly impact what issues the parties will need to address for a future Case Management Conference and related initial disclosures. In addition, Plaintiffs are still in the process of serving Defendant Sausal Creek Associates, making it judicially economical to extend the Case Management Conference date.

This Court approved an earlier stipulation to continue the original Case Management Conference date due to the pendency of a motion to dismiss the original complaint in this action. This new stipulation is also based on necessity and on good cause.

Good cause, therefore, exists to: 1) continue the Case Management Conference date of March 26, 2010, to approximately 60 days, to at least June 4, 2010. It is anticipated that this will allow sufficient time for the parties to receive notice of the Court's ruling on the pending motions to dismiss, to allow the lapse of the 60 day continuance for a response given by plaintiffs to some of the defendants, to meet and confer with counsel, and to prepare a joint statement, file an ADR Certification, and file initial disclosures prior to the new Case Management Conference date.

It is so stipulated by the parties below. This Stipulation will be signed in counterparts and copies thereof are considered as valid as the original.

Dated: March 18, 2010

ATCHISON, BARISONE, CONDOTTI & KOVACEVICH BARBARA H. CHOI Attorneys for Defendant WEST BAY SANITARY DISTRICT

JORGENSON, SIEGEL, McCLURE & FLEGEL, LLP JOHN FLEGEL Attorneys for Defendants TOWN OF PORTOLA VALLEY, GEORGE MADER, and SPANGLE ASSOCIATES KERR & WAGSTAFFE LLP

Dated: March 19, 2010

IVO LABAR Attorneys for Defendant

CHRISTOPHER BUJA HOWREY LLP TERESA M. CORBIN Attorneys for Defendant

LUIS MEJIA KASS & KASS LAW OFFICES BRADLEY MARK KASS Attorneys for Plaintiffs MICHAEL ...


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