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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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:
[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
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 35 days. Per the Court's order of October 26, 2012, the Case Management Conference is set

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for Friday, March 29, 2013 at 8:30 a.m., and the case has been referred for settlement mediation

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before Magistrate Judge Vadas. The parties engaged in multiple settlement conferences, but no

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conference is currently pending.

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The parties agree that the interests of justice would be served by a 35 day continuance of the

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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

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the parties arranged to amass key medical documents and take the deposition of a nurse who cared

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by plaintiff in the immediate aftermath of the incident. However, due to scheduling conflicts on

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behalf of plaintiff and a delay in the California Men’s Colony’s production of medical records, this

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important discovery will not be completed in April. The parties have agreed upon a tentative date

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for the deposition in early May, and defendants’ subpoena agent is working with the California

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Men’s Colony to track down the medical records.

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

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mediation should take place before the CMC. Continuing the CMC for 35 days will allow Plaintiff

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to take the remaining key deposition, receive and review the relevant medical records, and take part

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in a meaningful mediation session. In so doing, the dispute is more likely to be resolved through

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mediation with no further judicial 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 Case Management Conference currently scheduled

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to take place on March 29, 2013 be continued until May 3, 2013 at 8:30 a.m., or on such a date and

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at such a time thereafter as is convenient for the Court, and that the parties be referred back to Judge

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Vadas for settlement mediation once key medical discovery is complete.

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Dated: March 19, 2013
DENNIS J. HERRERA
City Attorney
CHERYL ADAMS
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: March 19, 2013

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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
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PURSUANT TO STIPULATION, IT IS SO ORDERED

UNIT
ED

DATED: March 19, 2013

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IT IS S

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Hon. Charles R. Breyer
UNITED STATES ORDERED
DISTRICT JUDGE

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STIPULATION AND ORDER MODIFYING DATES
USDC Case No. 08-CV-0757 CRB

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