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STIPULATION AND PROPOSED ORDER REGARDING SCHEDULING

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BRUCE A. KILDAY, ESQ., SBN. 66415 (SPACE BELOW FOR FILING STAMP ONLY)

ANGELO, KILDAY & KILDUFF 

Attorneys at Law 

601 University Avenue, Suite 150 

Sacramento, CA 95825 

Telephone: (916) 564-6100 OK/HAV 

Telecopier: (916) 564-6263 

Attorneys for Defendants 

CITY OF DIXON, MAYOR MARY ANN COURVILLE, 

VICE-MAYOR GIL VEGA, COUNCILMAN LOREN FERRERO, 

COUNCILWOMAN JILL DISNEY ORR, CITY MANAGER 

WARREN SALMONS, DIXON POLICE DEPARTMENT, 

POLICE CHIEF DON MORT AND POLICE CAPTAIN LOU KALISH 

WILLIAM C. COLLIER, SBN 163005 

McDonald Collier 

3882 Pinecrest Drive 

Mariposa, CA 95338 

Telephone: (209) 742-6622 

Telecopier: (209) 742-6655 

Attorneys for Plaintiff 

MICHAEL CEREMELLO 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF CALIFORNIA 

MICHAEL CEREMELLO, 

 Plaintiff, 

vs. 

CITY OF DIXON, et al., 

Defendants. 

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Case No.: CIV S-04-1423 DFL PAN 

STIPULATION AND ORDER 

REGARDING SCHEDULING 

All parties, through their respective counsel, submit that there is good cause to reschedule 

the trial and relevant dates in this matter. WHEREAS: 

A. A key witness in this case, Roberta Lee, has advised counsel that she has contracted a 

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communicable respiratory disease and is unavailable for an indefinite period of time. In 

addition, the Plaintiff’s discovery plan calls for her deposition prior to the Defendants in the case 

because she has claimed to have information that the Plaintiff believes is relevant to his claims 

and may be necessary for the deposition of the defendants. Therefore, it is necessary to seek 

more time for discovery until she is available or until it is determined that she is not 

communicable. 

B. This case involves activities over a period of time and therefore the discovery of 

multiple documents, activities and public meetings and involves the review of at least 55-60 

video tapes of City Council meetings; 

C. The depositions of a dozen or more witnesses are anticipated; 

D. Scheduling conflicts of various public officers and the plaintiff make discovery 

unusually time consuming; 

E. Discovery which calls for the disclosure of privileged material is anticipated to lead to 

disputes which may ultimately be resolved by the magistrate, and therefore take more time than 

had initially been anticipated. 

Therefore, the parties through their respective counsel, stipulate to the revised schedule 

for this litigation and request that the Court approve it. 

PROPOSED DATE CURRENT DATE

Trial [June 11, 2007] [February 5, 2007 @ 9:00 

AM] 

Pretrial Conference [May 4, 2007 

@ 3:00 p.m.] 

[December 15, 2006] 

Joint Pre-Trial Statement [April 27, 2007] 

Dispositive Motion 

Hearing 

[March 28, 2007 

@ 10:00 a.m.] 

[November 1, 2006 

@ 10:00 a.m.] 

Dispositive Motion Filing [February 28, 2007] [September 27, 2006] 

Discovery Cut-Off [November 30, 2006] [August 25, 2006] 

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STIPULATION AND PROPOSED ORDER REGARDING SCHEDULING

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Expert Disclosure September 8, 2006 June 16, 2006 

Supplemental Expert 

Disclosure 

September 15, 2006 June 30, 2006 

Dated: July 31, 2006 ANGELO, KILDAY & KILDUFF 

By:_/s/ Bruce A. Kilday________________ 

BRUCE A. KILDAY 

Attorneys for Defendants 

CITY OF DIXON, MAYOR MARY 

ANN COURVILLE, VICE-MAYOR 

GIL VEGA, COUNCILMAN LOREN 

FERRERO, COUNCILWOMAN JILL 

DISNEY ORR, CITY MANAGER 

WARREN SALMONS, DIXON 

POLICE DEPARTMENT, POLICE 

CHIEF DON MORT AND POLICE 

CAPTAIN LOU KALISH 

Dated: July 27, 2006 

By: /s/ William C. Collier

Attorneys for Plaintiff 

MICHAEL CEREMELLO 

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ORDER

The Court is satisfied that good cause exists and hereby adopts the proposed schedule. 

PROPOSED DATE CURRENT DATE

Trial [June 11, 2007] [February 5, 2007 @ 9:00 

AM] 

Pretrial Conference [May 4, 2007 

@ 3:00 p.m.] 

[December 15, 2006] 

Joint Pre-Trial Statement [April 27, 2007] 

Dispositive Motion 

Hearing 

[March 28, 2007 

@ 10:00 a.m.] 

[November 1, 2006 

@ 10:00 a.m.] 

Dispositive Motion Filing [February 28, 2007] [September 27, 2006] 

Discovery Cut-Off [November 30, 2006] [August 25, 2006] 

Expert Disclosure September 8, 2006 June 16, 2006 

Supplemental Expert 

Disclosure 

September 15, 2006 June 30, 2006 

Dated: 7/31/ 2006 /s/ David F. Levi 

DAVID F. LEVI 

Judge of the U.S. District Court 

 

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