Brown et al v. City of Stockton et al

Filing 34

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 9/12/16 ORDERING that the Settlement Conference is CONTINUED to 3/23/2017 at 09:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Kastilahn, A)

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JOHN L. BURRIS, Esq., SBN 69888
BEN NISENBAUM, Esq. SBN 222173
LAW OFFICES OF JOHN L. BURRIS
Airport Corporate Center
7677 Oakport Street, Suite 1120
Oakland, California 94621
Telephone: [phone] Facsimile: [phone]
[e-mail]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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) Case No.: 2-13-CV-01007-KJM-KJN
SHAWNA BROWN, individually and as
successor-in-interest for Decedent LUTHER )
)
BROWN; A.B., a minor, by and through her )
guardian ad litem, SHAWNA BROWN; D.P., )
STIPULATION TO CONTINUE
a minor, by and through her guardian ad litem, )
SETTLEMENT CONFERENCE;
RITA ALMENDAREZ; A.B., a minor, by and )
) AND [PROPOSED] ORDER
through her guardian ad litem, RITA
)
ALMENDAREZ; D.P., a minor, by and
)
through his guardian ad litem, RITA
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ALMENDAREZ; S.S.J., a minor, by and
)
through her guardian ad litem, GAYLE
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)
JOHNSON; and QUEEN E. BROWN,
)
individually.
)
)
Plaintiffs,
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v.
)
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CITY OF STOCKTON, a municipal
)
corporation; WESKEY GRINDER,
)
individually; RYAN TAIRIOL individually; )
LOREEN GAMBOA, individually; ‘FNU’
)
)
SCOTT, individually; and DOES 1-50,
)
inclusive, individually,
)
)
Defendants.
)
IT IS HEREBY STIPULATED by and between plaintiffs SHAWNA BROWN, et al.,

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(“Plaintiffs”) and WESLEY GRINDER, et al., (“Defendants”), by and through their

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attorneys of record, that GOOD CAUSE exists and the parties respectfully request that the

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Court continue the Settlement Conference, in the above-entitled action presently set for
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September 15, 2016 to a new date of the Court’s convenience not sooner than November

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15, 2016.

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During the pendency of this case, counsels for the parties have worked diligently to

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prepare their cases in accordance with the Court’s Pretrial Scheduling Order. The case to
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date has been handled for the defense by the City Attorney’s office. However,

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the primary attorney working on the case, Ted Wood, is no longer with the City

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Attorney’s Office and the City Attorney’s Office is in the process of retaining

outside counsel to handle the defense.

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As such, the parties cannot conduct a meaningful Settlement Conference until

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outside counsel has been retained and become familiar with the case. The

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parties anticipate that will take up to two months. The requested two-month

extension will not impact the trial date of this action, currently set for August

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28, 2017.

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Based on the foregoing, the parties respectfully request that this Court

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continue the Settlement Conference to a new date of the Court’s convenience

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not sooner than November 15, 2016.
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Respectfully submitted,

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Dated: September 6, 2016

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Dated: September 7, 2016

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/s/ Benjamin Nisenbaum
Benjamin Nisenbaum, Esq.
LAW OFFICES OF JOHN L. BURRIS
Attorney for Plaintiffs
SHAWNA BROWN, et al.
/s/ James Wilson
(as authorized on September 7, 2016)
James F. Wilson, Deputy City Attorney
Attorney for Defendants
Wesley Grinder, et al.

ATTORNEY ATTESTATION 

I hereby attest that I have on file all holograph signatures for any signatures indicated

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by a conformed signature (“/s/”) within this E-filed document or been authorized by all

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counsel to show his or her signature on this Stipulation as /s/.

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ORDER

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Having reviewed the Stipulation of the parties and good cause appearing, IT IS

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HEREBY ORDERED that the Settlement Conference is hereby continued from

September 15, 2016 at 9:00 a.m. to a new date of Thursday, March 23, 2017, at 9:00 a.m.

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IT IS SO ORDERED.

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Dated: September 12, 2016

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