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Julio Flores, On His Own Behalf and As A Successor-In-Interest v. National Railroad Passenger Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


May 13, 2013

JULIO FLORES, ON HIS OWN BEHALF AND AS A SUCCESSOR-IN-INTEREST TO DECEDENT, PRISCILLA FLORES; ADRIANA FLORES, AN INDIVIDUAL; DANIELA FLORES, AN INDIVIDUAL; LIANA FLORES, AN INDIVIDUAL, PLAINTIFFS,
v.
NATIONAL RAILROAD PASSENGER CORPORATION, DBA AMTRAK; UNION PACIFIC RAILROAD COMPANY, A DELAWARE CORPORATION; COUNTY OF MONTEREY; STATE OF CALIFORNIA; DOES 1-100, INCLUSIVE,
DEFENDANTS.

The opinion of the court was delivered by: The Honorable Maria Elena James United States Magistrate Judge

STIPULATION AND [PROPOSED] ORDER TO MODIFY DISPOSITIVE MOTION SCHEDULE. Trial Date: August 26, 2013 Time: 9:30 a.m. Courtroom: B - 15th Floor

Judge: The Honorable Maria Elena James

Pursuant to the Case Management Order of December 11, 2012, the last day to file 24 dispositive motions in this action is May 20, 2013 and the last day to hear dispositive motions is 25 June 24, 2013. Plaintiffs and Defendants, National Passenger Railroad Corp. ("Amtrak"), Union 26 Pacific Railroad, and Monterey County (collectively, "Defendants"), by and through their 27 respective counsel, hereby stipulate and respectfully request to modify the December 11, 2012 28 Flores, et al. v. National Railroad Passenger Corporation, et al. CASE NO. 3:12-CV-00686-MEJ Stipulation & [Proposed] Order to Modify Dispositive Motion Schedule Case Management Order. Good cause exists to continue the dispositive motion deadlines in 2 order to facilitate further settlement discussions between the parties and accommodate the 3 litigation schedules of counsel, as well as to account for the Court's calendar being full on June 20, 2013 and counsel for Monterey County being overseas on June 27, 2013. 5

NOW THEREFORE, subject to the Court's approval, the parties, through their counsel of 6 record, stipulate, agree, and respectfully request that the following modifications to the Case 7 Management Order be made: 8

1. That the last day to file dispositive motions be continued from May 20, 2013 to May 31, 2013; 10

2. That the last day to hear dispositive motions be continued from June 24, 2013 to July 11, 2013; 12

3. That Defendants' respective motions for summary judgment be calendared for July 11, 2013; 14

4. That all other dates listed in the Case Management Order of July 26, 2012, as modified by the Case Management Order of December 11, 2012, remain unchanged, including 16 the August 26, 2013 trial date and the dates of all other pretrial proceedings.

Respectfully submitted, Dated: May 10, 2013 GREEN BRYANT & FRENCH, LLP By: /s/ Jason Julius JASON JULIUS Attorneys for Plaintiffs Dated: May 10, 2013 LOMBARDI LOPER & CONANT By: /s/ Liza Siu Mendoza LIZA SIU MENDOZA Attorneys for Defendants, Union Pacific Railroad; National Railroad Passenger Corporation

Flores, et al. v. National Railroad Passenger Corporation, et al. CASE NO. 3:12-CV-00686-MEJ Stipulation & [Proposed] Order to Modify Dispositive Motion Schedule Dated: May 10, 2013. CHARLES J. McKEE, COUNTY COUNSEL By: /s/ William Litt WILLIAM LITT Deputy County Counsel Attorneys for Defendant County of Monterey

ORDER

PURSUANT TO STIPULATION, AND GOOD CAUSE APPEARING THEREFORE,

IT IS ORDERED THAT:

1. That the last day to file dispositive motions be continued from May 20, 2013 to May 31, 2013;

2. That the last day to hear dispositive motions be continued from June 24, 2013 to July 11, 2013; 13

3. That Defendants' respective motions for summary judgment be calendared for July 11, 2013; 15

4. That all other dates listed in the Case Management Order of July 26, 2012, as modified by the Case Management Order of December 11, 2012, remain unchanged, including 17 the August 26, 2013 trial date and the dates of all other pretrial proceedings.

20130513

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