Walker v. Jones et al

Filing 180

ORDER re 178 STIPULATION WITH PROPOSED ORDER STIPULATION AND JOINT REQUEST FOR RELIEF FROM ORDER SETTING CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER filed by Asucion Bendebel, et al. Further Case Management Conference reset for 8/10/2012 08:30 AM in Courtroom 6, 17th Floor, San Francisco. Mediation Hearing set for 7/12/2012. Signed by Judge Charles R. Breyer on 5/29/2012. (beS, COURT STAFF) (Filed on 5/29/2012)

Case3:08-cv-00757-CRB Document178 Filed05/16/12 Page1 of 3

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DENNIS J. HERRERA, State Bar #139669
City Attorney
JOANNE HOEPER, State Bar #114961
Chief Trial Deputy
MICHAEL GERCHOW, State Bar #245706
Deputy City Attorney
Fox Plaza
1390 Market Street, 6th Floor
San Francisco, California 94102-5408
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
Deputy Jones, Lieutenant Cabebe and
Asuncion Bendebel

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JEFFREY WALKER,

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Plaintiff,
vs.

Case No. 08-CV-0757 CRB
STIPULATION AND JOINT REQUEST FOR
RELIEF FROM ORDER SETTING CASE
MANAGEMENT CONFERENCE AND
[PROPOSED] ORDER

OFFICER JONES, ASUCION BENDEBEL,
CN, STACY WILSON, THERAPIST,
SRGT. CABEBE, PES MD DOE, JOHN
DOE 1, JOHN DOE 2, JOHN DOE 3, JOHN
DOE 4, JOHN DOE 5, JANE DOE
SUPERVISORY OFFICIAL, Sued in their
Individual and Official Capacities,
Defendants.

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Pursuant to Local Rules 16-2(d) and 7-12, Plaintiff Jeffrey E. Walker and Defendants

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stipulate and jointly request a continuance of the Case Management Conference ("CMC") in this

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case for 70 days. Per the Court's order of February 27, 2012, the Case Management Conference is

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set for Friday, June 1, 2012 at 8:30 a.m., and the case has been referred for settlement mediation

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before Magistrate Judge Vadas. Mediation is currently scheduled for June 19, 2012.

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The parties agree that the interests of justice would be served by a 70 day continuance of the

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CMC. Since the Court's order, the parties made repeated attempts to take Plaintiff's deposition.

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However, prison officials were unable to schedule a deposition date due to limited access to
STIPULATION AND ORDER MODIFYING DATES
USDC Case No. 08-CV-0757 CRB

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Case3:08-cv-00757-CRB Document178 Filed05/16/12 Page2 of 3

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deposition facilities at the prison and Plaintiff's unavailability. Since that time, the parties learned

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that Plaintiff is now available and, pending approval by prison officials, will take Plaintiff's

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deposition on June 15, 2012.

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Both parties agree that mediation may be successful in this case, and that mediation should

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take place before the CMC. Continuing the CMC for 70 days will allow the parties to take Plaintiff's

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deposition, receive and review the transcript, and take part in a meaningful mediation session. In so

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doing, the dispute is more likely to be resolved through mediation with no further judicial

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intervention.

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THEREFORE, IT IS HEREBY STIPULATED, AGREED, AND REQUESTED by the

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parties, through their respective counsel, that the Initial Case Management Conference currently

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scheduled to take place on June 1, 2012 be continued until August 10, 2012 at 8:30 a.m., or on such

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a date and at such a time thereafter as is convenient for the Court, and that the Settlement Mediation

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be continued until July 12, 2012, or on such a date and time thereafter as is convenient for the Court.

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Dated: May 16, 2012
DENNIS J. HERRERA
City Attorney
JOANNE HOEPER
Chief Trial Deputy

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By:
/s/ Michael Gerchow
MICHAEL GERCHOW
Deputy City Attorney

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Attorneys for Defendants Deputy Jones, Lt. Cabebe,
and Ms. Bendebel

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Dated: May 16, 2012

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By:
/s/ Robert J. Williams
ROBERT J. WILLIAMS
COVINGTON & BURLING LLP

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Attorneys for Plaintiff Jeffrey E. Walker

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STIPULATION AND ORDER MODIFYING DATES
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PURSUANT TO STIPULATION, IT IS SO ORDERED
May 29

, 2012

UNIT
ED

DATED:

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Judge C

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Hon. Charles R. Breyer
UNITED STATES DISTRICT ED
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STIPULATION AND ORDER MODIFYING DATES
USDC Case No. 08-CV-0757 CRB

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