Alemozaffar v. City and County of San Francisco et al

Filing 50

ORDER GRANTING STIPULATION TO CONTINUE TRIAL AND PRETRIAL DATES. Signed by Judge Jeffrey S. White on 1/5/09. (jjo, COURT STAFF) (Filed on 1/5/2009) Modified on 1/5/2009 (jjo, COURT STAFF).

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Case 3:07-cv-04494-JSW Document 49 Filed 12/24/2008 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 DANIEL A. ZAHEER, State Bar #237118 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 NORTHERN DISTRICT OF CALIFORNIA MEHRDAD ALEMOZAFFAR, Plaintiff, vs. CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation; JESSE SERNA, individually and in his official capacity as a police officer for the CITY AND COUNTY OF SAN FRANCISCO; GARY MORIYAMA, individually and in his official capacity as a police officer for the CITY AND COUNTY OF SAN FRANCISCO; J MCGRATH, individually and in his official capacity as a police officer for the CITY AND COUNTY OF SAN FRANCISCO; J. REYMUNDO, individually and in his official capacity as a deputy sheriff officer for the CITY AND COUNTY OF SAN FRANCISCO; G. COVIELLO, , individually and in his official capacity as a deputy sheriff officer for the CITY AND COUNTY OF SAN FRANCISCO. Defendants. Case No. C07-4494 JSW STIPULATION AND [PROPOSED] ORDER CONTINUING TRIAL Alemozaffar v. CCSF, et al. ­ USDC No. C07-4494 JSW 1 n:\lit\li2007\080046\00528854.doc Case 3:07-cv-04494-JSW Document 49 Filed 12/24/2008 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 a.m. WHEREAS the Court set this case for trial for May 26, 2009, with a pretrial conference set for May 4, 2009, at 2 p.m.; WHEREAS defense counsel recently had a Superior Court trial date set for April 27, 2009, the setting of trial on that date being unavoidable; WHEREAS the April 27 trial will last for 2-4 weeks, depending on various factors beyond the control of counsel; WHEREAS the April 27 trial date will directly conflict with the May 4 pretrial conference, will significantly impact the ability of counsel to prepare for the current pretrial conference and trial, and may not end until very close to the current trial date; WHEREAS good cause therefore exists for a brief trial continuance that will allow counsel to try the April 27 trial, prepare for the pretrial conference, and prepare for trial in this matter; AND WHEREAS a brief trial continuance and continuance of the pretrial conference will not impact the expert deadlines previously set by the Court; THE PARTIES HEREBY AGREE AND STIPULATE, subject to approval by the Court, as follows: 1. The trial of this matter shall be continued to one of the following dates (listed in order of the parties' preference and with proposed pretrial conference date in parentheses): June 15, 2009 (pretrial conference on May 26 at 2 p.m.) June 22, 2009 (pretrial conference on June 1 at 2 p.m.) June 8, 2009 (pretrial conference on May 26 at 2 p.m.) 2. Lead trial counsel for Plaintiff leaves for a pre-paid vacation on July 25, 2009. Accordingly, if the Court cannot accommodate a June 2009 trial date, the parties request leave to submit an alternate stipulation. 3. The hearing on any dispositive motion shall be continued to March 20, 2009, at 9 Alemozaffar v. CCSF, et al. ­ USDC No. C07-4494 JSW 2 n:\lit\li2007\080046\00528854.doc Case 3:07-cv-04494-JSW Document 49 Filed 12/24/2008 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: December 23, 2008 DENNIS J. HERRERA City Attorney JOANNE HOEPER Chief Trial Deputy SCOTT D. WIENER DANIEL A. ZAHEER Deputy City Attorneys - /s/ - Scott D. Wiener By: SCOTT D. WIENER Attorneys for Defendants Dated: December 23, 2008 LAW OFFICES OF SANFORD M. CIPINKO - /s/ - Sanford Cipinko By: SANFORD CIPINKO Attorneys for Plaintiff MEHRDAD ALEMOZAFFAR ORDER Based on the foregoing stipulation and good cause appearing, the Court hereby orders that June 15, 2009 at 8:30 a.m. the trial of this matter be continued to _______________________, that the pretrial conference be continued to ________________________ at 2 p.m., and that the hearing date for any dispositive May 26, 2009 motions be continued to March 20, 2009, at 9 a.m. SO ORDERED. January 5, 2009 Dated: __________________ _______________________________________ HON. JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE Alemozaffar v. CCSF, et al. ­ USDC No. C07-4494 JSW 3 n:\lit\li2007\080046\00528854.doc

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