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Park Village Apartments v. Mortimer Howard Trust

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


August 1, 2012

PARK VILLAGE APARTMENTS
TENANTS ASSOCIATION, WILLIAM FOSTER, SHIRLEY SMITH, ANAHID
ISSAHAKIAN, PATRICIA JOHNSON, MARTIN KOCH, LAWRENCE LEE, FOSTER REUBEN, MARIA LILLIAN
SANCHEZ, ALISON WRIGHT AND CORNELIUS WEEKLEY, PLAINTIFFS,
v.
MORTIMER HOWARD TRUST, MORTIMER R. HOWARD,
DEFENDANTS.

The opinion of the court was delivered by: Elizabeth D. Laporte Judge

E-FILED

STIPULATION TO MODIFY TRIAL PREPARATION SCHEDULE AND TRIAL;

[PROPOSED] ORDER

APARTMENT TENANTS ASSOCIATION, et al. (Plaintiffs) and Defendants, MORTIMER HOWARD TRUST and MORTIMER HOWARD (Defendants), in the above-entitled action, by and 4 through respective counsel, hereby request that the Parties' Stipulation to Modify Trial Preparation 5 Schedule and Trial and the Court Order dated June 11, 2012 (Document #96) be modified to 6 accommodate the ongoing settlement discussions between the parties. The current Order establishes 7 the following schedule: 8

Pursuant to Federal Rule of Civil Procedure 16(b)(4), Plaintiffs, PARK VILLAGE Non-expert discovery cut-off: August 14, 2012 Initial expert disclosure deadline: September 28, 2012 Rebuttal expert disclosure: October 12, 2012 Expert discovery cut-off: October 31, 2012 Dispositive motion filing deadline: August 28, 2012 Hearing of dispositive motions: October 2, 2012 Pre-trial conference: December 18, 2012 at 2:00 p.m. Trial: January 14, 2013 at 8:30 a.m.

A Settlement Conference is currently scheduled for August 7, 2012 at 10:30 a.m. with Magistrate Judge Beeler. Four continuances of the Settlement Conference have been granted by the 18 Court in recognition of the parties continuing progress toward a negotiated settlement. In an effort 19 to continue the discussions and build on the progress already made, the parties are also requesting in 20 a separately filed request that the currently scheduled settlement conference be continued. 21 22 discovery on Plaintiffs with the goal of resolving some factual issues and with the hope of bringing 23 final resolution to the case. In order to continue the substantial progress made to date, the parties 24 propose the following modification of the trial preparation and trial schedule: 25

As part of the productive settlement negotiations to date, Defendants have propounded

Non-expert discovery cut-off: September 7, 2012 Initial expert disclosure deadline: October 12, 2012 Rebuttal expert disclosure: October 26, 2012 Expert discovery cut-off: November 9, 2012

Dispositive motion filing deadline: October 9, 2012 Hearing of dispositive motions: November 13, 2012

Pre-trial conference: January 22, 2013, 2:00 p.m. TBD by Court's schedule Trial: February 11, 2013, 8:30 a.m. TBD by Court's schedule

RESPECTFULLY SUBMITTED, BAY AREA LEGAL AID Lisa S. Greif Naomi Young Robert Capistrano NATIONAL HOUSING LAW PROJECT James R. Grow Kent Qian Dated: August 1, 2012 /s/ Lisa S. Greif Lisa S. Greif Attorneys for Plaintiffs SWIHART AND ASSOCIATES Thomas M. Swihart /s/ Thomas M. Swihart Dated: August 1, 2012 Thomas M. Swihart Attorney for Defendants Dated: August 1, 2012 By: /s/ Lisa S. Greif LISA S. GREIF Attorney for Plaintiffs

I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this efiled document. 21

ORDER

Good cause appearing therefore, IT IS SO ORDERED.

IT IS SO ORDERED

UNITED STATES DISTRICT JUDGE

20120801

© 1992-2012 VersusLaw Inc.



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