Walker v. Jones et al

Filing 190

ORDER RE CASE MANAGEMENT CONFERENCE. Signed by Judge Charles R. Breyer on 8/31/2012. (crblc1, COURT STAFF) (Filed on 8/31/2012)

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1 2 3 4 5 6 7 8 DENNIS J. HERRERA, State Bar #139669 City Attorney CHERYL ADAMS, State Bar #164194 Chief Trial Deputy MICHAEL GERCHOW, State Bar #245706 Deputy City Attorney Fox Plaza 1390 Market Street, 6th Floor San Francisco, California 94102-5408 Telephone: (415) 554-3936 Facsimile: (415) 554-3837 Attorneys for Defendants Deputy Jones, Lieutenant Cabebe and Asuncion Bendebel 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 JEFFREY WALKER, 12 13 14 15 16 17 18 Plaintiff, vs. 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, Case No. 08-CV-0757 CRB STIPULATION AND JOINT REQUEST FOR RELIEF FROM ORDER SETTING SETTLEMENT CONFERENCE AND CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER Defendants. 19 20 21 Pursuant to Local Rules 16-2(d) and 7-12, Plaintiff Jeffrey E. Walker and Defendants 22 stipulate and jointly request a continuance of the Case Management Conference ("CMC") in this 23 case for 21 days, and that the settlement conference be set for a date no earlier than October 1, 2012. 24 Per the Court's order of August 3, 2012, the Case Management Conference is set for Friday, 25 September 28, 2012 at 8:30 a.m., and the case has been referred for settlement mediation before 26 Magistrate Judge Vadas. The settlement conference is currently scheduled for September 4, 2012. 27 28 The parties agree that the interests of justice would be served by a 21 day continuance of the CMC and that the settlement conference occur no earlier than October 1, 2012. Since the Court's STIPULATION AND ORDER MODIFYING DATES USDC Case No. 08-CV-0757 CRB 1 c:\temp\notes56fd74\00794530.doc 1 order, the parties arranged to convene for three key depositions prior to meeting for a third 2 settlement conference. However, due to scheduling conflicts on behalf of defendants, the three 3 depositions will not be concluded until September 25, 2012. All three depositions have been noticed 4 on dates agreed upon by the parties, and should be concluded by the September 25, 2012 date. 5 Both parties continue to agree that mediation may be successful in this case, and that 6 mediation should take place before the CMC. Continuing the CMC for 21 days will allow Plaintiff 7 to take three key depositions, receive and review the transcripts, and take part in a meaningful 8 mediation session. In so doing, the dispute is more likely to be resolved through mediation with no 9 further judicial intervention. 10 THEREFORE, IT IS HEREBY STIPULATED, AGREED, AND REQUESTED by the 11 parties, through their respective counsel, that the Initial Case Management Conference currently 12 scheduled to take place on September 28, 2012 be continued until October 19, 2012 at 8:30 a.m., or 13 on such a date and at such a time thereafter as is convenient for the Court, and that the Settlement 14 Mediation be continued until no earlier than October 1, 2012, or on such a date and time thereafter as 15 is convenient for the Court. 16 17 Dated: August 30, 2012 DENNIS J. HERRERA City Attorney CHERYL ADAMS Chief Trial Deputy 18 19 20 By: /s/ Michael Gerchow MICHAEL GERCHOW Deputy City Attorney 21 22 23 Attorneys for Defendants Deputy Jones, Lt. Cabebe, and Ms. Bendebel 24 25 Dated: August 30, 2012 26 By: /s/ Robert J. Williams ROBERT J. WILLIAMS COVINGTON & BURLING LLP 27 Attorneys for Plaintiff Jeffrey E. Walker 28 STIPULATION AND ORDER MODIFYING DATES USDC Case No. 08-CV-0757 CRB 2 c:\temp\notes56fd74\00794530.doc 1 PURSUANT TO STIPULATION, IT IS SO ORDERED 2 3 DATED: August 31 , 2012 Hon. Charles R. Breyer UNITED STATES DISTRICT JUDGE 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 STIPULATION AND ORDER MODIFYING DATES USDC Case No. 08-CV-0757 CRB 3 c:\temp\notes56fd74\00794530.doc

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