Opinion
No. 1:02 CV 5891 REC DLB.
August 15, 2005
PAUL HARRIS (SBN 45302), PATRICK ROMERO GUILLORY (SBN 91870), San Francisco, CA, Bingham McCutchen LLP, J. LEAH CASTELLA (SBN 205990), MELISSA BROWN (SBN 203307), A. ROBERT RHOAN, JR. (SBN 231949), San Francisco, CA, Attorneys for Petitioners, Roselind Quair Charlotte Berna.
VAL W. SALDANA (SBN 78004), LAURIE L. QUIGLEY (SBN 155543), KIRSTEN O. ZUMWALT (SBN 227997), Lang, Richert Patch PC, Fresno, CA, Attorneys for Respondents, Clarence Atwell, Jr., et al.
STIPULATION AND ORDER TO CONTINUE PETITIONERS' MOTION FOR A PROTECTIVE ORDER AND RESPONDENTS' MOTION TO COMPEL AND MODIFY THE SCHEDULING ORDER
Petitioners Rosalind Quair and Charlotte Berna (collectively "Petitioners"), and Respondents Clarence Atwell, Jr., Elmer Thomas, Kevin Thomas, Dena Baga, Elaine Jeff, Patricia Davis (collectively "Respondents"), by and through their respective counsel, hereby agree and stipulate as follows, and respectfully request the Court enter the following Stipulation as an Order:
STIPULATION
WHEREAS, the parties attended a hearing before the Honorable Dennis L. Beck on August 5, 2005 in the U.S. District Court for the Eastern District of California, at which the Court addressed Petitioners' Motion for a Protective Order and Respondents' Motion to Compel;
WHEREAS, the Court continued the hearings on both Petitioners' Motion for a Protective Order and Respondents' Motion to Compel;
WHEREAS, the parties agreed to allow Petitioners three weeks to gather additional evidence and such evidence will be provided to Outside Counsel for Respondents pursuant to an Outside Attorneys Eyes Only Protective Order and to the Court under seal on or before August 26, 2005;
WHEREAS, this evidence will be made available solely to the Court and Respondents' counsel at the law firm of Lang, Richert Patch;
WHEREAS, after the evidence is provided, the parties agree to meet and confer on or before September 12, 2005 to determine if additional investigation is necessary, and to submit any unresolved issues to the Court for resolution, if necessary;
WHEREAS, if further Court intervention is required, the parties agree to file a joint statement on September 27, 2005 for a continued hearing before Hon. Dennis L. Beck on September 30, 2005;
THEREFORE, the parties agree to continue the trial date to June 5, 2006, in order to accommodate any additional briefing that may be necessary with respect to the Motion for a Protective Order and to allow sufficient time for the parties to file Motions for Summary Judgment. Accordingly, the parties to this action, through their respective attorneys of record, agreed to a modification of the scheduling order as follows: Event Prior Date Modified Date
Last day for filing dispositive motions August 26, 2005 December 15, 2005 Last day to file oppositions to dispositive motions October 12, 2005 January 26, 2006 Last day to file reply in support of dispositive motions November 1, 2005 February 16, 2005 Last day to hear dispositive motions December 2, 2005 March 20, 2006 Pre-Trial Conference January 4, 2006 April 21, 2006 Hearing on Petitioners' Petition March 13, 2006 June 5, 2006It is hereby, AGREED.
IT IS SO ORDERED.