Walker v. Jones et al

Filing 199

ORDER graning 198 STIPULATION WITH PROPOSED ORDER FOR RELIEF FROM ORDER SETTING CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER filed by Asucion Bendebel, Cabebe, Jones. Joint Case Management Statement due by 4/26/2013. Further Case Management Conference reset for 5/3/2013 08:30 AM in Courtroom 6, 17th Floor, San Francisco. Signed by Judge Charles R. Breyer on 3/19/2013. (beS, COURT STAFF) (Filed on 3/20/2013)

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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. Case No. 08-CV-0757 CRB STIPULATION AND JOINT REQUEST FOR RELIEF FROM ORDER SETTING CASE MANAGEMENT CONFERENCE AND 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. 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 35 days. Per the Court's order of October 26, 2012, the Case Management Conference is set 24 for Friday, March 29, 2013 at 8:30 a.m., and the case has been referred for settlement mediation 25 before Magistrate Judge Vadas. The parties engaged in multiple settlement conferences, but no 26 conference is currently pending. 27 The parties agree that the interests of justice would be served by a 35 day continuance of the 28 CMC and that the settlement conference occur no earlier than May 3, 2013. Since the Court's order, STIPULATION AND ORDER MODIFYING DATES USDC Case No. 08-CV-0757 CRB 1 n:\pdf docs\757walker.doc 1 the parties arranged to amass key medical documents and take the deposition of a nurse who cared 2 by plaintiff in the immediate aftermath of the incident. However, due to scheduling conflicts on 3 behalf of plaintiff and a delay in the California Men’s Colony’s production of medical records, this 4 important discovery will not be completed in April. The parties have agreed upon a tentative date 5 for the deposition in early May, and defendants’ subpoena agent is working with the California 6 Men’s Colony to track down the medical records. 7 Both parties continue to agree that mediation may be successful in this case, and that 8 mediation should take place before the CMC. Continuing the CMC for 35 days will allow Plaintiff 9 to take the remaining key deposition, receive and review the relevant medical records, and take part 10 in a meaningful mediation session. In so doing, the dispute is more likely to be resolved through 11 mediation with no further judicial intervention. 12 THEREFORE, IT IS HEREBY STIPULATED, AGREED, AND REQUESTED by the 13 parties, through their respective counsel, that the Case Management Conference currently scheduled 14 to take place on March 29, 2013 be continued until May 3, 2013 at 8:30 a.m., or on such a date and 15 at such a time thereafter as is convenient for the Court, and that the parties be referred back to Judge 16 Vadas for settlement mediation once key medical discovery is complete. 17 18 Dated: March 19, 2013 DENNIS J. HERRERA City Attorney CHERYL ADAMS Chief Trial Deputy 19 20 21 By: /s/ Michael Gerchow MICHAEL GERCHOW Deputy City Attorney 22 23 24 Attorneys for Defendants Deputy Jones, Lt. Cabebe, and Ms. Bendebel 25 26 Dated: March 19, 2013 27 28 STIPULATION AND ORDER MODIFYING DATES USDC Case No. 08-CV-0757 CRB By: /s/ Robert J. Williams ROBERT J. WILLIAMS COVINGTON & BURLING LLP Attorneys for Plaintiff Jeffrey E. Walker n:\pdf docs\757walker.doc 2 1 PURSUANT TO STIPULATION, IT IS SO ORDERED UNIT ED DATED: March 19, 2013 S DISTRICT TE C TA RT U O RT 7 ER H 8 9 er R. Brey FO harles Judge C NO 6 O IT IS S LI 5 R NIA Hon. Charles R. Breyer UNITED STATES ORDERED DISTRICT JUDGE 4 A 3 S 2 N F D IS T IC T O R C 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 n:\pdf docs\757walker.doc

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