Espinosa et al v. City and County of San Francisco et al

Filing 353

ORDER GRANTING AS MODIFIED 351 STIPULATION CONTINUING TRIAL DATE. Jury Selection set for 9/8/2014 08:00 AM in Courtroom 2, 4th Floor, Oakland before Hon. Jeffrey S. White. Jury Trial set for 9/8/2014 08:00 AM in Courtroom 2, 4th Floor, Oakland before Hon. Jeffrey S. White.. Signed by Judge Jeffrey S. White on 12/2/13. (jjoS, COURT STAFF) (Filed on 12/2/2013)

Case3:06-cv-04686-JSW Document351 Filed11/21/13 Page1 of 4

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JOHN L. BURRIS, Esq./ State Bar #69888
BENJAMIN NISENBAUM, Esq./State Bar #222173
LAW OFFICES OF JOHN L. BURRIS
Airport Corporate Centre
7677 Oakport Street, Suite 1120
Oakland, California 94621
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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KATHLEEN ESPINOSA, individually and as
personal representative of the Estate of decedent
ASA SULLIVAN; A.S., by and through his
Guardian ad Litem, NICOLE GUERRA;

Case No. C 06 04686 JSW
STIPULATION AND (PROPOSED) ORDER
CONTINUING TRIAL DATE

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Final Pre-Trial Conference Date: February 10,
2014
Time: 2:00 p.m. th
Courtroom 11, 19 Floor

Plaintiffs,

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vs.
CITY AND COUNTY OF SAN FRANCISCO,
a municipal corporation; et al.,

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Honorable Jeffrey S. White

Defendants.
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Trial Date: March 10, 2014

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STIPULATION
WHEREAS, the Final Pre-Trial Conference in this matter was previously set for November 4,
2013, and the trial was set to begin on December 2, 2013.
WHEREAS, the Court continued both the Final Pre-Trial Conference and Trial date on its
own motion on October 30, 2013, respectively to February 10, 2014 and March 10, 2014.
WHEREAS, Plaintiffs’ counsel is already set for a lengthy (4 week) trial starting on March

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25, 2014, in the Eastern District of California Federal Court case Duenez, et al, v. City of Manteca, et
al., case no. 2:11-cv-01820 LKK-KJN. Both of Plaintiffs’ instant trial counsel, Benjamin Nisenbaum

STIPULATION AND (PROPOSED) ORDER CONTINUING TRIAL DATE
Case No. C 06 04686 JSW -

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Case3:06-cv-04686-JSW Document351 Filed11/21/13 Page2 of 4

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and John Burris are also the trial counsel in the Duenez matter. Judge Lawrence Karlton set the
March 25, 2014 trial date in Duenez on March 18, 2013, continuing it from an earlier date set of
January 22, 2014. Plaintiffs’ counsel does not anticipate Judge Karlton would react favorably to any

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further continuance of that trial.
WHEREAS, Plaintiffs’ trial counsel has a heavy trial calendar in 2014, including trials set as
follows, with the length and assessment of likelihood of the trial going forward. All cases are in
Federal Court, either in the Northern District or Eastern District of California:

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Feb. 18th: Abston v. City of Merced 1:09-cv-00511-MJS (E.D. Cal.) (2-3 weeks, already has
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been through interlocutory appeal and subsequent settlement conference, likely to go).
Feb. 24th: Killian v. City of Monterey 5:12-cv-05418-PSG (N.D. Cal.) (1 week or so, cross
motions for summary judgment to be heard on Nov. 19th, likely to resolve after MSJ ruling).
March 25th: Duenez v. City of Manteca 2:11-cv-01820-LKK-KJN (E.D. Cal.) (4 weeks,

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cross-motions for MSJ heard on Nov. 4th, with strong indication that neither side will win their
motion, settlement appears unlikely).
May 5th: Bryant v. Oakland Housing Authority 3:12-cv-02102-EMC (N.D. Cal.) (1 to 2
weeks trial, motions for summary judgment have not been filed yet, but resolution is likely).
May 8th: Blueford v. City of Oakland 3:12-cv-03791-WHO (N.D. Cal.) (2-3 weeks trial,

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MSJ's not filed yet, uncertain whether it will go)
June 9th: Earl Brown v. City and County of San Francisco et al 3:11-cv-02162-LB (N.D.
Cal.) (2 weeks trial, very likely to go)
June 9th: (John Burris' trial) Bryson, Jr., et al. v. BARTD, et al. 3:09-cv-04835-EMC (N.D.

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Cal.) (almost certain to go. This case is set to last through July 25th. This is the companion case to

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STIPULATION AND (PROPOSED) ORDER CONTINUING TRIAL DATE
Case No. C 06 04686 JSW -

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Oscar Grant, the case for the other men detained on the platform, has already been through

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interlocutory appeals).
September 5th: Pervoe v. County of Alameda 3:12-cv-04286-JST (N.D. Cal.) (too early to

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tell yet if it will go, the plaintiff died and put the case in limbo for awhile. Plaintiffs’ counsel will try
to move this case to accommodate a September trial date in the instant-matter should the case not

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resolve).
September 29th: Ramirez v. City and County of San Francisco 4:12-cv-06383-DMR (N.D.

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Cal.) (a short trial, can be moved if necessary).
October 27th: Harvey v. City of Antioch 3:13-cv-01610-RS Consolidated Case (N.D. Cal.)

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(2-3 week trial, likely to go, but too early to tell for sure).
December 1st: Garrett v. City of Vallejo 2:05-cv-00387-MCE-DAD (E.D. Cal.) (2 week trial,

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though settlement is very likely.)
WHEREAS, Defendants’ position is as follows: (1) the current March 10, 2014 trial date is

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acceptable to Defendants; (2) Defendants are not available for trial in August 2014 due to counsel’s
planned vacation; (3) trial dates of September 2, 8, or 15, 2014 would work for Defendants; however,

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starting trial after September 15 would not work for Defendants because one of the defendants is not
available for trial October 22-November 18, 2014 due to a planned vacation.

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STIPULATION AND (PROPOSED) ORDER CONTINUING TRIAL DATE
Case No. C 06 04686 JSW -

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WHEREFORE, the parties respectfully request that the Court continue the re-set trial date

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from March 10, 2014 to the next mutually available trial date for counsel, which should be September
2, 2014.

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IT IS SO STIPULATED.
Respectfully submitted,

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Dated: November 14, 2013

LAW OFFICES OF JOHN L. BURRIS

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/s/ Benjamin Nisenbaum
Benjamin Nisenbaum
Attorney for Plaintiffs

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San Francisco City Attorney’s Office

Dated: November 14, 2013

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______/s/_________________________
Peter J. Keith, Deputy City Attorney
Attorney for Defendants

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(PROPOSED) ORDER

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GOOD CAUSE SHOWN, the Court hereby grants the parties’ stipulation to continue the trial
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date of this action to September 2, 2014.

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December 2,
Dated:___________ 2013

________________________________
HONORABLE JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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STIPULATION AND (PROPOSED) ORDER CONTINUING TRIAL DATE
Case No. C 06 04686 JSW -

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