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 STIPULATION (REVISED) AND [PROPOSED] ORDER 

REGARDING CONTINUANCE OF TRIAL DATE AND 

PRE-TRIAL DATES; CASE NO. C 04-05326 SBA 

FOLGER LEVIN & KAHN LLP

Lisa M. van Krieken (SB# 121808,lvankrieken@flk.com) 

Jeana A. Zelan (SB# 233460, jzelan@flk.com) 

Embarcadero Center West 

275 Battery Street, 23rd Floor 

San Francisco, CA 94111 

Telephone: (415) 986-2800 

Facsimile: (415) 986-2827 

Attorneys for Defendant Starwood Hotels & 

Resorts Worldwide 

Stanley G. Hilton (SB #65990, frog727@aol.com)

LAW OFFICES OF STANLEY G. HILTON 

580 California Street, Suite 500 

San Francisco, CA 94104 

Telephone: (415) 378-6142, 474-1908 

Facsimile: (415) 276-2388, 474-2005 

Attorney for Plaintiff Arunee Ryles 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

OAKLAND DIVISION 

ARUNEE RYLES, 

Plaintiff, 

v. 

PALACE HOTEL; STARWOOD 

HOTELS AND RESORTS; ITT 

SHERATON, 

Defendants. 

Case No. C 04-05326 SBA 

E-FILING 

REVISED STIPULATION AND ORDER 

REGARDING CONTINUANCE OF TRIAL 

DATE AND PRE-TRIAL DATES 

IT IS HEREBY STIPULATED BY AND AGREED by and between defendant Starwood 

Hotels & Resorts Worldwide, Inc. (“Defendant”), and plaintiff Arunee Ryles (“Plaintiff”), 

through their counsel of record, that the trial date in this action and certain pre-trial dates shall be 

continued as set forth below. Good cause exists for this Stipulation and Order for the following 

Case 4:04-cv-05326-SBA Document 20 Filed 03/02/06 Page 1 of 7
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STIPULATION (REVISED) AND [PROPOSED] ORDER 

REGARDING CONTINUANCE OF TRIAL DATE AND 

PRE-TRIAL DATES; CASE NO. C 04-05326 SBA 

reasons: (1) Plaintiff’s deposition has been re-scheduled at Plaintiff’s request several times and 

has not yet been completed due, in part, to Plaintiff’s relocation to Pensacola, Florida, and having 

started a new job in Florida as of September 2005, and Plaintiff will not be in the Bay Area again 

until approximately March 10, 2006; (2) the parties are attempting to schedule a mediation before 

an impartial arbitrator in an effort to resolve this matter short of protracted litigation, and hope to 

schedule that mediation prior to completing Plaintiff’s deposition, again, on or around March 10, 

2006; and (3) if that mediation is unsuccessful, Defendant plans to file a summary judgment 

motion, which Defendant cannot do without first completing Plaintiff’s deposition, which it has 

not yet been able to do. Pursuant to this Stipulation, the pre-trial dates set forth in the Court’s 

Order for Pretrial Preparation shall be amended. Pursuant to Rule 16(e) of the Federal Rules of 

Civil Procedure (“FRCP”), IT IS HEREBY ORDERED AS FOLLOWS:

 

 A. Discovery Cut-Off: 

The discovery cut-off shall remain the same except for the completion of Plaintiff’s 

deposition, which shall be completed by 5/3/06. The parties are responsible for scheduling 

discovery so that motions to resolve discovery disputes can be heard before the above discovery 

cut-off. 

 

 B. Motion Cut-Off

All dispositive motions shall be heard on or before 7/25/06 at 1:00 p.m. The parties must 

meet and confer prior to filing any motion. The movant shall certify to the Court in its moving 

papers that it has complied with this requirement. Should the parties fail to meet and confer, the 

Court may decline to entertain the motion. 

THIS COURT DOES NOT RESERVE MOTION HEARING DATES. The parties 

are advised to contact Judge Armstrong’s Deputy Clerk, Lisa Clark, to determine the next 

available hearing date, particularly in the case of a dispositive motion. The parties are advised 

not to wait until 35 days prior to the law and motion cut-off date to file and serve their motion. 

As the Court’s law and motion calendar tends to fill quickly, there is no guarantee that a hearing 

date within the law and motion cut-off date will be available. You MUST submit a hard copy of 

all motion papers filed in E-FILED cases in order to be placed on calendar. 

Pursuant to Civil Local Rule 7-1, 7-2, and 7-3, all civil motions shall be noticed for a 

hearing not less than thirty-five (35) calendar days after service. The opposition and supporting 

papers shall be filed not less than twenty-one (21) days before the noticed hearing date. The reply 

shall be filed not less than fourteen (14) days before the hearing date. Documents not filed in 

compliance with these time specifications will not be considered by the Court. 

Case 4:04-cv-05326-SBA Document 20 Filed 03/02/06 Page 2 of 7
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STIPULATION (REVISED) AND [PROPOSED] ORDER 

REGARDING CONTINUANCE OF TRIAL DATE AND 

PRE-TRIAL DATES; CASE NO. C 04-05326 SBA 

The failure of the opposing party to file a memorandum of points and authorities in 

opposition to any motion shall constitute a consent to the granting of the motion. 

The parties are not required to file a statement of undisputed facts in connection with a 

motion for summary judgment. However, if the parties desire to file a statement of undisputed 

facts, only one joint statement of undisputed facts signed by all parties, shall be filed. All 

separate statements will be stricken. If the parties are unable to agree that a fact is undisputed, 

they should assume that fact is in dispute. 

Note that pursuant to Civil L.R. 7-1(b), the Court may, in its discretion, adjudicate 

motions without oral argument. 

 C. Mandatory Settlement Conferences

The parties are ordered to participate in a mandatory settlement conference during the 

following time period: MAGISTRATE JAMES BETWEEN 7/31/06-8/11/06

D. Pre-Trial Conference

All Counsel who will try the case shall appear for a pretrial conference in Courtroom 3 on 

9/12/06 at 1:00 p.m. 

E. Pre-Trial Preparation Due 8/22/06

 

1. Not less than thirty (30) calendar days prior to the pretrial conference, Counsel 

shall meet and confer in good faith in advance of complying with the following pretrial 

requirements in order to clarify and narrow the issues for trial, arrive at stipulations of facts, 

simplify and shorten the presentation of proof at trial, and explore possible settlement. In 

addition, Counsel shall meet and confer regarding anticipated motions in limine, objections to 

evidence, jury instructions, and any other matter which may require resolution by the Court. 

2. The following matters shall be accomplished no later than twenty-one (21) 

calendar days prior to the pretrial conference: 

 a. Joint Pretrial Statement

 Counsel are required to file a pretrial conference statement containing the 

following information: 

 (1) The Action

 (A) Substance of the Action. A brief description of the substance 

of claims and defenses which remain to be decided. 

 (B) Relief Prayed. A detailed statement of all the relief claimed, 

particularly itemizing all elements of damages claimed as well as witnesses, documents, or other 

evidentiary material to be presented concerning the amount of those damages. 

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STIPULATION (REVISED) AND [PROPOSED] ORDER 

REGARDING CONTINUANCE OF TRIAL DATE AND 

PRE-TRIAL DATES; CASE NO. C 04-05326 SBA 

 (2) The Factual Basis of the Action

 (A) Undisputed Facts. A plain and concise statement of all 

relevant facts not reasonably disputable, as well as which facts parties will stipulate for 

incorporation into the trial record without the necessity of supporting testimony or exhibits. 

 (B) Disputed Factual Issues. A plain and concise statement of all 

disputed factual issues which remain to be decided. 

 (C) Agreed Statement. A statement assessing whether all or part 

of the action may be presented upon an agreed statement of facts. 

 (D) Stipulations. A statement of stipulations requested or 

proposed for pretrial or trial purposes. 

 (3) DISPUTED LEGAL ISSUES

 (A) Points of Law. Without extended legal argument, a concise 

statement of each disputed point of law concerning liability or relief, citing supporting statutes 

and decisions. Unless otherwise ordered, parties should cite to briefs served and lodged setting 

forth briefly the nature of each party’s contentions concerning each disputed point of law, 

including procedural and evidentiary issues. 

 (B) Proposed Conclusions of law. If the case is to be tried without 

jury, unless otherwise ordered, parties should briefly indicate objections to proposed conclusions 

of law lodged with this Court. 

 b. Trial Briefs

 Each party shall serve and file a trial brief which shall briefly state 

their contentions, the relevant facts to be proven at trial, and the law on the issues material to the 

decision. 

 c. Finding of Fact

 In non-jury cases, each party shall serve and lodge with the Court 

proposed findings of fact and conclusions of law on all material issues. Findings shall be brief, 

clear, written in plain English and free of pejorative language, and argument. 

 d. Witnesses

 Each party shall serve and file with the Court a list of all persons 

who may be called as witnesses. The list shall include a summary of the substance of each 

witness’ proposed testimony. (Civil L.R. 16-15(4)(A)) 

 

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 -5- STIPULATION (REVISED) AND [PROPOSED] ORDER 

REGARDING CONTINUANCE OF TRIAL DATE AND 

PRE-TRIAL DATES; CASE NO. C 04-05326 SBA 

 e. Designation of Discovery Excerpts

 Each party expecting to use discovery excerpts as part of its case in 

chief shall serve and lodge with the Court a statement identifying (1) by witness and page and 

line, all deposition testimony and (2) by lodged excerpt, all interrogatory answers and request for 

admissions to be used as part of its direct case. Each interrogatory answer intended to be offered 

as an exhibit shall be copied separately and marked as an exhibit. The original of any deposition 

to be used at trial must be produced at the time of trial, as well as a copy for the Court. Counsel 

shall indicate any objections to the use of these materials and advise the Court that counsel has 

conferred respecting such objections. 

 f. Jury Instructions

 The parties shall file a joint set of proposed jury instructions as to 

those instructions on which the parties have reached agreement. As to any disputed instructions, 

each party shall separately submit its “proposed” instruction(s) supported by a memorandum 

setting forth the authority for its use. Responses or objections to any “proposed” jury instruction 

shall be filed no later than the date of the pretrial conference. All instructions shall be written in 

plain English which is comprehensible to jurors, concise and free of argument, and shall be 

organized in a logical fashion so as to aid jury comprehension and are also to be provided on a 

3.5” computer disk. The Court’s practice is to utilize, whenever possible, instructions found in 

the Ninth Circuit Manual of Model Jury Instructions. 

 g. Jury Voir Dire and Verdict Forms

 Each party shall submit proposed questions for jury voir dire and a 

proposed form of verdict. 

 h. Exhibits

 Each party shall provide every other party one set of all exhibits, 

charts, schedules, summaries and diagrams and other similar documentary materials to be used a 

the trial together with a complete list of all such exhibits. The Court requires one original version 

of exhibits (as described above) for the Clerk and two copies (one for the Bench and one for the 

witness stand). All such versions of the exhibits, including the originals, should be indexed into a 

binder for easy and quick reference by all parties. The first page of each binder should have a 

copy of the exhibit list (see attached) appropriately completed with each exhibit description and 

its designated number. Plaintiffs shall refer to their exhibits numerically and Defendants shall 

label theirs alphabetically. Exhibit labels are also attached for your convenience. Exhibits should 

be brought to Court on the first day of trial. 

 3. The following matters shall be accomplished no later than fourteen (14) 

calendar days prior to the pretrial conference: Motions in Limine and Objections to Evidence 

due: 8/29/06. Each party anticipating making motion(s) in Limine and/or objection(s) to any 

testimony or exhibits expected to be offered shall file and serve a statement briefly identifying 

each item objected to and the grounds for the objection. 

 

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STIPULATION (REVISED) AND [PROPOSED] ORDER 

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PRE-TRIAL DATES; CASE NO. C 04-05326 SBA 

 4. Responses to motions in Limine or objections to evidence shall be filed and 

served no less than seven (7) calendar days prior to the pretrial conference due: 9/5/06. 

 H TRIAL DATE

 Trial before the JURY will begin on 9/18/06, at 8:30 a.m., for an estimated 

seven trial days, or as soon thereafter as the Court may designate. The parties are advised that 

they must be prepared to go to trial on a trailing basis. The trial will take place in Courtroom 3 of 

the United States Courthouse, 1301 Clay Street, 3rd Floor, Oakland, California 94612. The 

Court’s trial hours are from 8:30 a.m. to 2:00 p.m. with two fifteen-minute breaks, on Monday, 

Wednesday, Thursday and Friday. 

 I. TRANSCRIPTS

 If transcripts will be requested during or immediately after the trial, 

arrangements must be made with the Court Reporter Coordinator (Telephone No. 510-637-3534) 

at least one week prior to the commencement of trial commences. 

 J. STATUS AND DISCOVERY CONFERENCES

 Any party desiring to confer with the Court may, upon notice to all other 

parties, arrange a conference through the courtroom deputy (Telephone No. 510-637-3541). 

Conferences may be conducted telephonically, upon request (preferably in writing). 

 K. SANCTIONS

 Failure to comply with this order may result in the imposition of sanctions 

pursuant to FRCP 16(f). 

Dated: February 24, 2006 FOLGER LEVIN & KAHN LLP

/s/ Lisa M. van Krieken 

Lisa M. van Krieken 

Attorneys for Defendant 

Starwood Hotels & Resorts Worldwide, Inc. 

Dated: February 24, 2006 Law Offices of Stanley G. Hilton 

/s/ Stanley G. Hilton 

(approved on this date) 

Stanley G. Hilton 

Attorney for Plaintiff Arunee Ryles 

Case 4:04-cv-05326-SBA Document 20 Filed 03/02/06 Page 6 of 7
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STIPULATION (REVISED) AND [PROPOSED] ORDER 

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PRE-TRIAL DATES; CASE NO. C 04-05326 SBA 

IT IS SO ORDERED. 

Dated: March 1, 2006 __________________________________________ 

 SAUNDRA BROWN ARMSTRONG 

 United States District Court Judge 

73024\5005\482240.1 

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