Walker v. City of Hayward et al

Filing 80

STIPULATION AND ORDER continuing the Jury Trial to 6/22/2010 at 08:30 AM in Courtroom 12, 19th Floor, San Francisco for an estimated 6 days and Pretrial Conference to 6/7/2010 at 03:00 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 1/26/10. (rbe, COURT STAFF) (Filed on 1/27/2010)

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1 2 3 4 JIVAKA CANDAPPA (SBN225919) Law office of Jivaka Candappa 46 Shattuck Square, Suite 15 Berkeley, California 94704 Telephone: (510) 981-1808 Facsimile: (510) 981-1817 Attorney for Plaintiff KEVIN WALKER 5 6 7 8 9 10 11 12 13 14 15 16 17 KEVIN WALKER, Plaintiff, 18 v. 19 CITY OF HAYWARD, et al., Defendants. 20 ___________________________________/ 21 Plaintiff Kevin Walker, and Defendants City of Hayward ("City"), Officer Art Thoms, Case No. C 07 06205 (TEH) STIPULATION RE: CONTINUANCE OF TRIAL DATE, RELATED PRETRIAL DATES, AND PROPOSED ORDER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA MICHAEL S. LAWSON (SBN 048172) City Attorney RANDOLPH S. HOM (SBN 152833) Assistant City Attorney CITY F HAYWARD 777 B Street Hayward, California 94541 Telephone: (510) 583-4450 Facsimile: (510) 583-3660 Attorneys for Defendants CITY OF HAYWARD, ART THOMS, SCOTT LUNGER, AND ZACHARY HOYER 22 Officer Scott Lunger, and Officer Zachary Hoyer (collectively referred to as "City Defendants"), 23 through their respective attorneys of record, stipulate to the following order: 24 /// 25 /// 26 /// 27 /// 28 /// 1 1. That the parties completed a Mandatory Settlement Conference ("MSC") session on November 2 20, 2009 before Magistrate Judge Maria Elena James, and that this matter was set for further MSC 3 on January 27, 2010, which was the Magistrate's next available date; 4 2. That on or about January 19, 2010, the further MSC was cancelled by the Court on its own 5 motion, and that the Court advised the parties that the next available MSC dates were in April 6 2010. 7 3. That on or about January 20, 2010, the parties advised Magistrate Judge Maria Elena James that 8 they had agreed to April 13, 2010 for the MSC which is one of the available MSC dates. 9 4. That the Order for Pretrial Preparation set the following dates for this matter: 10 11 12 13 a. Trial Date: b. Pretrial Conference Date: c. Deposition of Expert Witnesses: d. Disclosure of Expert Reports February 23, 2010 February 8, 2010 February 2, 2010 (21 days before Trial Date) January 29, 2010 (10 days before Pretrial Conference); 14 5. That in order to maximize the opportunity to resolve this matter at the MSC, by minimizing the 15 attorney fees and costs that will likely be incurred by the parties to accomplish the aforementioned 16 tasks, inter alia, required in the Order for Pretrial Preparation and the deadlines set forth in Court 17 Docket Nos. 69, 70, and 73; 18 6. That the trial date of February 23, 2010, and related pretrial dates, set forth in the Order for 19 Pretrial Preparation be vacated; 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 1 7. That the trial date be reset for June 22, 2010, according to the availability of the Court, the 2 parties, witnesses, and their respective counsel, with all related pretrial dates set in accordance with 3 the new trial date. In this regard, the parties request that the Disclosure of Expert Reports occur on 4 May 17, 2010. 5 6 7 Dated:January 25, 2010 8 9 10 11 12 Dated:January 25, 2010 13 14 15 16 17 18 Dated: 19 20 21 22 23 24 25 26 27 28 By: /s/ Randolph Hom RANDOLPH S. HOM, Esq. Attorney for City Defendants ORDER PURSUANT TO THE STIPULATION AND GOOD CAUSE APPEARING, IT IS SO ORDERED. MICHAEL S. LAWSON, CITY ATTORNEY OFFICES OF THE HAYWARD CITY ATTORNEY By: /s/ Jivaka Candappa JIVAKA CANDAPPA, Esq. Attorney for Plaintiff LAW OFFICES OF JIVAKA CANDAPPA THE HONORABLE THELTON E. HENDERSON United States District Court UNIT ED S 01/26/10 S DISTRICT TE C TA Ju ER N D IS T IC T R OF A C LI FO lton E. H dge The enderso n R NIA RT U O NO RT H

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