The opinion of the court was delivered by: Hon. Edward M. Chen
ORDER RESETTING CMC FROM 12/14/12 TO 2/28/13 AT 9:00 A.M.
STIPULATION OF COUNSEL AND [PROPOSED] ORDER TO DEADLINE EXTEND TO COMPLETE EARLY NEUTRAL EVALUATION AND FILE SECOND AMENDED COMPLAINT
Defendants City of Fremont, a municipal public entity on behalf of itself and the Fremont Tennis Center, Jeff Gonce, Joe Grech, Annabelle Holland, and Kelly King, and Plaintiff Walter Jefferson hereby 3 submit the following Stipulation and Proposed Order extending time to complete Early Neutral 4
WHEREAS on October 12, 2012, the parties appeared for hearing on Defendants' Motion to Dismiss Plaintiff's First Amended Complaint and for case management. The Court denied defendants' 7 motion to dismiss as moot because plaintiff's counsel told the Court that plaintiff will file a second 8 amended complaint to address the issues raised in the motion to dismiss. During the case management 9 conference, Judge Chen agreed with defense counsel that the parties would benefit and it may be a more 10 efficient use of the Court's time for the parties to conduct early neutral evaluation. It was also suggested 11 by defense counsel that before ENE took place, plaintiff should provide a list of witnesses and an offer of 12 proof. 13 14 before December 11, 2012; 15 16 assumption that ENE would be completed before that date. The Court also indicated it would consider a 17 request to extend time to complete the above schedule given the holiday schedules, travel plans, and 18 litigation schedules of the parties. 19
Evaluation and file a second amended complaint. 5
WHEREAS the Court then referred the parties to Early Neutral Evaluation to be completed on or
WHEREAS the Court also gave plaintiff ninety (90) days to file an amended complaint, with the
WHEREAS on Monday, November 19, 2012, plaintiff provided defendants with an Informal (Partial) List of Potential Witnesses; 21 22 on the offer of proof and to facilitate additional limited necessary discovery so that the ENE will be 23 worthwhile and productive for all parties; 24
WHEREAS all parties to this action have agreed to extend the time to complete ENE and have 25 agreed to conduct the ENE on February 13, 2013, and the ENE Evaluator has indicated she is available to 26 conduct the ENE on that date. The parties have further agreed to extend the time for plaintiff to file a 27 second amended complaint on or before a date that is within thirty (30) days of completion of ENE. 28
WHEREAS the defendants need more time to review and meet and confer with plaintiff's counsel
IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS:
1. The time to complete Early Neutral Evaluation shall be extended to February 13, 2013;
2. Plaintiff's second amended complaint shall be filed within thirty (30) days of ...