Free Order - District Court of California - California

Case 3:07-cv-02941-PJH

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DENNIS J. HERRERA, State Bar #139669 City Attorney JOANNE HOEPER, State Bar #114961 Chief Trial Deputy ROBERT BONTA Deputy City Attorney Fox Plaza 1390 Market Street, 6th Floor San Francisco, California 94102-5408 Telephone: (415) 554-3892 Facsimile: (415) 554-3837 E-Mail: [email protected] Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO, HEATHER FONG AND JESSE SERNA

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA MARCO MAESTRINI, Plaintiff, vs. CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation; HEATHER FONG, in her capacity as Chief of Police for the CITY AND COUNTY OF SAN FRANCISCO; JESSE SERNA, individually, and in his capacity as a police officer for the CITY AND COUNTY OF SAN FRANCISCO; and, San Francisco police officers DOES 1-25, inclusive, Defendants. Case No. C 07-2941 PJH MODIFIED STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL DATE AND RELATED PRETRIAL DEADLINES

ORDER CONTINUING TRIAL DATE & PRETRIAL DEADLINES CASE NO. C 07-2941 PJH

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The undersigned parties, through counsel, STIPULATE and AGREE and jointly request modification of the Court's September 28, 2007 Case Management and Pretrial Order and March 14, 2008 Order To Extend Time For Court-Ordered Mediation as follows: Deadline for Court-Ordered Mediation: Thursday, December 18, 2008 Non-Expert Discovery Cutoff: Monday, January 5, 2009 Dispositive Motions to Be Heard By: Wednesday, March 4, 2009 Disclosure of Experts (retained and non-retained): Monday, April 13, 2009 Disclosure of Rebuttal Experts: Wednesday, April 22, 2009 Expert Discovery Cutoff: Friday, May 22, 2009 Pretrial Conference: Thursday, June 18, 2009 at 2:30 p.m. Trial Date: Monday, July 6, 2009 at 8:30 a.m., Courtroom 3, 17th Fl. The parties make this request based on the following circumstances: 1. Deputy City Attorney David Newdorf, who was previously counsel of record for

defendants and was handling all aspect of the above-captioned case, left the San Francisco City Attorney's Office on July 11, 2008. 2. Deputy City Attorney Robert A. Bonta recently substituted in for Deputy City

Attorney David Newdorf as counsel of record for defendants. 3. 4. Deputy City Attorney Robert A. Bonta is still getting up to speed on the case. Deputy City Attorney Robert A. Bonta will be taking an approximately three-month

parental leave from approximately December 18, 2008 to March 18, 2009. 5. Additional discovery is still required to prepare this case for trial. For example, both

parties need to conduct depositions, including plaintiff's taking of the deposition of defendant Serna. In addition, the parties need to resolve the issue of discovery of Officer Serna's personnel file records. 6. The parties request continuations of the trial date and pretrial deadlines as set forth

7.

The Court in its September 28, 2007 Case Management Order ordered the parties to

mediation within 120 days. Pursuant to stipulation of the parties, with the concurrence of CourtORDER CONTINUING TRIAL DATE & PRETRIAL DEADLINES CASE NO. C 07-2941 PJH

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appointed mediator Christopher Johns, the parties requested time for discovery that would be necessary in order for mediation to be beneficial. The Court extended the deadline for mediation to May 27, 2008. Other than the aforementioned, there have been no other modifications to the Case Management order. No other dates will be affected by the requested changes.

ORDER CONTINUING TRIAL DATE & PRETRIAL DEADLINES CASE NO. C 07-2941 PJH

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SIGNATURE PAGE TO STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL DATE AND RELATED PRETRIAL DEADLINES

STIPULATED AND AGREED: Dated: August 7, 2008 DENNIS J. HERRERA City Attorney JOANNE HOEPER Chief Trial Deputy ROBERT BONTA SEAN F. CONNOLLY Deputy City Attorneys By: /s/ ROBERT BONTA Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO, HEATHER FONG AND JESSE SERNA

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By: Dated: August 7, 2008

LAW OFFICE OF JOHN L. BURRIS JOHN L. BURRIS BENJAMIN NISENBAUM /s/ BENJAMIN NISENBAUM Attorneys for Plaintiff MARCO MAESTRINI

ORDER CONTINUING TRIAL DATE & PRETRIAL DEADLINES CASE NO. C 07-2941 PJH

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ORDER CONTINUING TRIAL DATE & PRETRIAL DEADLINES CASE NO. C 07-2941 PJH

ORDER Pursuant to stipulation, and for good cause appearing, IT IS ORDERED that the trial date and pre-trial deadlines be continued as follows: Deadline for Court-Ordered Mediation: Thursday, December 18, 2008 Non-Expert Discovery Cutoff: Monday, January 5, 2009 Dispositive Motions to Be Heard By: Wednesday, March 4, 2009 Disclosure of Experts (retained and non-retained): Monday, April 13, 2009 Disclosure of Rebuttal Experts: Wednesday, April 22, 2009 Expert Discovery Cutoff: Friday, May 22, 2009 Pretrial Conference: Thursday, June 18, 2009 at 2:30 p.m. Trial Date: Monday, July 6, 2009 at 8:30 a.m., Courtroom 3, 17th Fl.

8/28/08 DATED:________________
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REQUEST IS GRANTED BUT PARTIES ARE ADVISED THAT THREE OTHER TRIALS ARE SCHEDULED DURING THE 2-WEEK PERIOD NEEDED FOR THIS TRIAL AND THIS ONE WILL NOW BE IN LAST PLACE AND WILL TRAIL ANY OF THE OTHERS THAT ACTUALLY GO FORWARD.

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