Lewis v. City Of Fresno, et al.

Filing 59

STIPULATION and ORDER continuing settlement conference. The Settlement Conference currently set for 3/29/2011 is CONTINUED to 7/12/2011 at 10:30 AM in Courtroom 8 (SKO) before Magistrate Judge Sheila K. Oberto. Order signed by Magistrate Judge Sheila K. Oberto on 3/23/2011. (Timken, A)

Lewis v. City Of Fresno, et al.

Doc. 59

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BETTS & RUBIN, A Professional Corporation Attorneys at Law 907 Santa Fe Avenue, Suite 201 Fresno, California 93721 Telephone: [phone] Facsimile: [phone] James B. Betts (State Bar #110222) Joseph D. Rubin (State Bar #149920) Attorneys for Defendants CITY OF FRESNO; JERRY DYER; ROBERT NEVAREZ; JOHN ROMO; GREG GARNER; ANTHONY MARTINEZ UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ) ) Case No. 1:08-CV-01062-OWW-SKO ) Consolidated action Plaintiff, ) ) v. ) ) STIPULATION TO CONTINUE CITY OF FRESNO; JERRY DYER; ) SETTLEMENT CONFERENCE; ROBERT NEVAREZ; JOHN ROMO; ) AND ORDER THEREON GREG GARNER; ANTHONY MARTINEZ, ) and DOES 1 through 10, inclusive, ) ) Defendants. ) ) JAMES LEWIS,

IT IS HEREBY STIPULATED AND AGREED, by and between the parties, through their respective counsel of record, as follows: 1. The current settlement conference scheduled before Magistrate Judge

Sheila Oberto is set for March 29, 2011. 2. Unfortunately, the parties continue to be active in discovery, which efforts

have been complicated over the last 120 days due to both Plaintiff and Defense counsels' trial schedules. Active discovery which has been pursued, and which is scheduled to be completed in the near future, include voluminous written discovery and the production of in excess of 20,000 pages of documents, plus the following depositions:
Stipulation to Continue Settlement Conference; Order

Dockets.Justia.com

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DEPONENT Ret. Deputy Chief Roger Enmark Capt. Greg Garner Sgt. John Romo Lt. Anthony Martinez Police Officer Brian Phelps Deputy Chief Patrick Farmer Sgt. Kirk Pool Police Officer Jason Jones Sgt. John Chandler Chief Jerry Dyer Sgt. James Lewis Police Officer Ron Manning Sgt. Mindy Casto Police Officer Gerald Miller Sgt. George Wilson Matasha Manning

DATE 10/28/10 12/9/10 12/10/10 12/10/10 12/10/10 12/10/10 12/20/10 12/20/10 12/20/10 1/20/11 3/14/11 3/16/11 3/17/11 3/18/11 3/22/11 3/22/11 3/23/11 3/24/11 3/24/11 3/28/11 3/28/11 3/29/11 3/31/11 4/18/11 4/18/11 4/20/11 4/20/11 5/10/11

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Ret. Sgt. Garry Snow Jacky Parks (FPOA) John Conlee (FPOA) Ret. Sgt. Neil Manha Ret. Sgt. James Watson Sanford Thomas (percipient) Cadet Jonathon Pierro Police Officer Tony Bustos Chief Jerry Dyer (cont'd) Deputy Chief Robert Nevarez Deputy Chief Sharon Shaffer Police Officer Brett Vestal

Additionally, the parties are in the process of meeting and conferring to

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Stipulation to Continue Settlement Conference; Order

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address issues relating to the designation of experts. 4. As a consequence, counsel for both parties do not believe that a

constructive dialogue can occur regarding the potential settlement of this case until the presently scheduled discovery is completed. 5. Consequently we request a 90 day continuance of the Settlement

Conference, to a date no earlier than June 20, 2011. Respectfully requested,

Dated: March 22, 2011

BETTS & RUBIN

By /s/ James B. Betts James B. Betts Attorneys for Defendants CITY OF FRESNO, JERRY DYER, ROBERT NEVARES, JOHN ROMO, GREG GARNER and ANTHONY MARTINEZ Dated: March 22, 2011
EMERSON, COREY, SORENSEN, CHURCH & LIBKE

By /s/ Rayma Church Rayma Church Attorneys for Plaintiff JAMES LEWIS ORDER IT IS SO ORDERED. The Settlement Conference shall be continued to July 12,

22 2011, at 10:30 a.m. before Magistrate Judge Sheila K. Oberto. 23 24 IT IS SO ORDERED. 25 26 27 28 -3Stipulation to Continue Settlement Conference; Order

Dated: ie14hj

March 23, 2011

/s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE