Myers et al v. City and County of San Francisco et al

Filing 67

ORDER re (66 in 3:08-cv-01163-MEJ) Stipulation filed by Gary Moriyama, Jesse Serna, City and County of San Francisco, Heather Fong. Signed by Judge Chief Judge MARIA-ELENA JAMES on 3/23/10. (bjt, COURT STAFF) (Filed on 3/23/2010)

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DENNIS J. HERRERA, State Bar #139669 City Attorney JOANNE HOEPER, State Bar #114961 Chief Trial Attorney SEAN F. CONNOLLY, State Bar # 152235 DANIEL A. ZAHEER, State Bar # 237118 Deputy City Attorneys Fox Plaza 1390 Market Street, 6th Floor San Francisco, California 94102-5408 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO ET AL. ROBERT C. CHEASTY, State Bar # 85115 Law Offices of Cheasty & Cheasty 1604 Solano Avenue P.O. Box 8357 Berkeley, CA 94707 Telephone: [phone] Attorneys for Plaintiffs JAMAL JACKSON and JANNIE MENDEZ MATTHEW C. MANI, State Bar #172679 Freitas McCarthy MacMahon & Keating LLP 1108 Fifth Avenue, Third Floor San Rafael, CA 94901 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Plaintiffs SHAWN MYERS and SARAH MYERS

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JAMAL JACKSON; JANNIE MENDEZ, Plaintiffs, vs. CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation;
STIP. PRO. RESCHEDULING EXPERT DISCLOSURE AND DISCOVERY CUT-OFF DATES; CASE NOS. C08-1916 MEJ ; C08-01163 MEJ

Case No. C08-1916 MEJ STIPULATION AND [PROPOSED] ORDER TO EXTEND DATES FOR DISCOVERY AND EXPERT DISCLOSURE Trial Date: 1 None Set

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HEATHER FONG, in her capacity as Chief of Police for the CITY AND COUNTY OF SAN FRANCISCO; JESSE SERNA, individually, and in his capacity as a police officers for the CITY AND COUNTY OF SAN FRANCISCO; GARY MORIYAMA, individually and in his capacity as a police officer for the CITY AND COUNTY OF SAN FRANCISCO; and San Francisco police officers and employees DOES 1 through 50, inclusive, Defendants. SHAWN MYERS and SARAH MYERS, Plaintiffs, vs. Trial Date: CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation; HEATHER FONG, in her capacity as Chief of Police for the CITY AND COUNTY OF SAN FRANCISCO; JESSE SERNA, individually, and in his capacity as a police officer for the CITY AND COUNTY OF SAN FRANCISCO; GARY MORIYAMA, individually and in his capacity as a police officer for the CITY AND COUNTY OF SAN FRANCISCO; and San Francisco police officers and employees, DOES 1 through 50, inclusive, Defendants. The undersigned parties, through counsel, STIPULATE and AGREE and jointly request modification of this Court's Orders concerning and setting dates for discovery cut-offs in the above matter. The parties make this request based on the following circumstances: 1. Deposition discovery has only commenced in this matter, which has been joined with Not set Case No. C08-01163 MEJ

Case No. C-08-01163 MEJ, JAMAL JACKSON, et al., v. THE CITY AND COUNTY OF SAN FRANCISCO, et al., for the purposes of discovery. Preliminary written discovery has been completed. To date, only the depositions of Plaintiff Shawn Myers, and the deposition of Plaintiff Jamal Jackson have been taken. The depositions of defendant officers, of Plaintiffs Sarah Myers and
STIP. PRO. RESCHEDULING EXPERT DISCLOSURE AND DISCOVERY CUT-OFF DATES; CASE NOS. C08-1916 MEJ ; C08-01163 MEJ

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Jannie Mendez, and of numerous percipient witnesses are scheduled for April 2009. The parties engaged in a settlement conference in late January of 2010, where it became evident that settlement negotiations would not be fruitful until depositions discovery transpired. 2. Counsel for Plaintiffs will be unavailable from April 5 through April 16, 2010. On the

week of April 5, he is chaperoning his 10-year-old son's class trip to Yosemite; during the week of April 11 through April 16, he will be on vacation with his family for Spring Break. These plans have been long set, and paid for, with no ability to secure a replacement chaperone nor recover the vacation expense. 3. Counsel for Defendants is set for trial in Federal Court to begin on April 26, 2010.

This trial is expected to last approximately two weeks. 4. Three of the percipient witnesses are located out of state, and the parties are in the

process of meeting and conferring regarding the taking of these persons' depositions. One of the witnesses will be traveling to California in May. The parties would like to take that deposition while the witness is in California to reduce the associated expenses. 5. One percipient witness is currently in boot camp for the United States Army and is not

available for deposition. He will complete his basic training in July, at which time he will be available for deposition. 6. The parties agree that more discovery is necessary to adequately evaluate their

respective cases, including which experts will be necessary should the matter proceed to trial. They require additional time for the purpose of conducting this discovery. For the aforementioned reasons, the parties jointly request that the Court amend its Scheduling Order as follows:: · · · · · June 25, 2010: Last day for expert witness disclosures July 9, 2010: Rebuttal expert witness disclosure July 23, 2010: Close of fact and expert discovery August 19, 2010: Last day to file dispositive motions 10 a.m., September 23, 2010: Dispositive Motion Hearing 3

STIP. PRO. RESCHEDULING EXPERT DISCLOSURE AND DISCOVERY CUT-OFF DATES; CASE NOS. C08-1916 MEJ ; C08-01163 MEJ

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IT IS SO STIPULATED.

Dated: March 22, 2010 DENNIS J. HERRERA City Attorney JOANNE HOEPER Chief Trial Deputy SEAN F. CONNOLLY DANIEL A. ZAHEER Deputy City Attorneys By: s/Sean F. Connolly SEAN F. CONNOLLY Deputy City Attorney Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO, et al. Dated: March 22, 2010 LAW OFFICES OF CHEASTY & CHEASTY

By: **s/Robert C. Cheasty ROBERT C. CHEASTY Attorneys for Plaintiffs JAMAL JACKSON and JANNIE MENDEZ Dated: March 22, 2010 FREITAS MCCARTHY MACMAHON & KEATING LLP By: **Matthew C. Mani MATTHEW C. MANI Attorneys for Plaintiffs SHAWN MYERS and SARAH MYERS **Pursuant to General Order 45, §X.B., the filer of this document attests that s/he has received the concurrence of this signatory to file this document.

STIP. PRO. RESCHEDULING EXPERT DISCLOSURE AND DISCOVERY CUT-OFF DATES; CASE NOS. C08-1916 MEJ ; C08-01163 MEJ

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ORDER Based on the above stipulation, and for good cause appearing, IT IS ORDERED that the dates for disclosure of expert information and for the close of discovery be rescheduled. Disclosure of

3 experts shall take place on April 26, 2010, and discovery shall close on May 12, 2010. 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
STIP. PRO. RESCHEDULING EXPERT DISCLOSURE AND DISCOVERY CUT-OFF DATES; CASE NOS. C08-1916 MEJ ; C08-01163 MEJ

Dated: March 23, 2010 THE HONORABLE MARIA-ELENA JAMES

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