Oliver v. City and County of San Francisco et al

Filing 80

ORDER CHANGING DEADLINES re 79 Stipulation filed by Jesse Serna, City and County of San Francisco, Heather Fong. Signed by Judge James Larson on 1/22/09. (jlsec, COURT STAFF) (Filed on 1/22/2009)

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Case 3:07-cv-02460-JL Document 79 Filed 01/21/2009 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DENNIS J. HERRERA, State Bar #139669 City Attorney JOANNE HOEPER, State Bar #114961 Chief Trial Deputy SCOTT D. WIENER, State Bar #189266 MEGHAN K. HIGGINS, State Bar #235685 Deputy City Attorneys 1390 Market Street, 7th Floor San Francisco, California 94102-5408 Telephone: (415) 554-4283 Facsimile: (415) 554-3837 Attorneys for Defendants UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA GREGORY OLIVER, II, 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. C07-02460 JL STIPULATION AND [PROPOSED] ORDER CHANGING CERTAIN PRETRIAL DEADLINES STIPULATION RE PRETRIAL DEADLINES Oliver v. CCSF, et al. USDC No. C07-02460 JL n:\lit\li2007\071509\00532176.doc Case 3:07-cv-02460-JL Document 79 Filed 01/21/2009 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS trial of this matter is set for April 6, 2009, with a pretrial conference set for March 18, 2009; WHEREAS under the Court's standing pretrial order, pretrial submissions are due 20 days before the pretrial conference, i.e., on February 26, 2009, and responses to pretrial submissions are due 9 days before the pretrial conference, i.e., on March 9, 2009. WHEREAS lead counsel for defendants, Deputy City Attorney Scott Wiener, has a longplanned vacation out of the country scheduled for February 12 through February 27, 2009, meaning that Mr. Wiener will be unavailable to participate in the process of preparing and submitting pretrial submissions for the February 26 deadline; WHEREAS counsel for Plaintiff is not in a position to finalize pretrial submissions before Mr. Wiener's vacation; AND WHEREAS the parties believe that a slight modification of the submission deadlines will not impact the ability of the Court and the parties to conduct a meaningful pretrial conference on March 18; THE PARTIES HEREBY AGREE AND STIPULATE, subject to the Court's approval, that the pretrial submissions normally due 20 days before the pretrial conference will be due on March 4, 2009, and that the pretrial submissions normally due 9 days before the pretrial conference will be due on March 11, 2009. Dated: January 21, 2009 DENNIS J. HERRERA City Attorney JOANNE HOEPER Chief Trial Deputy SCOTT D. WIENER MEGHAN K. HIGGINS Deputy City Attorneys -/s/By: SCOTT D. WIENER Attorneys for Defendants STIPULATION RE PRETRIAL DEADLINES Oliver v. CCSF, et al. USDC No. C07-02460 JL Scott D. Wiener 1 n:\lit\li2007\071509\00532176.doc Case 3:07-cv-02460-JL Document 79 Filed 01/21/2009 Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: January 21, 2009 LAW OFFICES OF JOHN BURRIS -/s/By: BEN NISENBAUM Attorneys for Plaintiff GREGORY OLIVER, II *Pursuant to GO 45, the electronic signatory has obtained approval from this signatory. ORDER Based on the parties' stipulation, the Court hereby orders that the pretrial submissions normally due 20 days before the pretrial conference will be due on March 4, 2009, and that the pretrial submissions normally due 9 days before the pretrial conference will be due on March 11, 2009. January 22, 2009 Dated: _______________ __________________________________ HON. JAMES LARSON UNITED STATES MAGISTRATE JUDGE Ben Nisenbaum STIPULATION RE PRETRIAL DEADLINES Oliver v. CCSF, et al. USDC No. C07-02460 JL 2 n:\lit\li2007\071509\00532176.doc

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