Yanke v. City of Oakland et al

Filing 56

STIPULATION AND ORDER [AS MODIFIED] CONTINUING Deadline to Exchange Initial Disclosures and Initial Case Management Conference to 6/30/2009 10:00 AM. Joint case management statement due 6/23/2009. Signed by Judge Elizabeth D. Laporte on 3/23/09. (lmh, COURT STAFF) (Filed on 3/23/2009)

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Lynch, Gilardi & Grummer A Professional Corporation 475 Sansome Street Suite 1800 San Francisco, CA 94111 Ph [phone] Fax [phone]

Robert T. Lynch, SBN 34716 Claudia Lozano, SBN 188742 LYNCH, GILARDI & GRUMMER A Professional Corporation 475 Sansome Street, Suite 1800 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant STEPHEN M. RAFFLE, M.D.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT DISTRICT OF CALIFORNIA

CHRISTOPHER YANKE, Plaintiff(s), vs. CITY OF OAKLAND, WAYNE TUCKER, DEBRA TAYLOR JOHNSON, KENNETH PARRIS, STEPHEN RAFFLE, M.D., AND DOES 1-10, Defendant(s).

Case No.: C-08-04379 EDL STIPULATION AND ORDER TO CONTINUE THE INITIAL CASE MANAGEMENT CONFERENCE AND TO CONTINUE THE DEADLINE TO EXCHANGE INITIAL DISCLOSURES AS MODIFIED Trial Date: NONE

Defendant STEPHEN M. RAFFLE, M.D., Defendants CITY OF OAKLAND, WAYNE TUCKER, DEBRA TAYLOR JOHNSON AND KENNETH PARRIS ("CITY DEFENDANTS") and Plaintiff CHRISTOPHER YANKE in light of the Judge La Porte's ruling granting defendants' motions to dismiss with leave to amend, stipulate, through their respective counsels of record, as follows: 1. To give plaintiff 20 days leave to amend commencing from the date on which the

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Court signs the Proposed Order. 2. To give defendants 20 days to respond to the Second Amended Complaint. 1
STIPULATION AND ORDER TO CONTINUE THE INITIAL CASE MANAGEMENT CONFERENCE AND TO CONTINUE THE DEADLINE TO EXCHANGE INITIAL DISCLOSURES

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Lynch, Gilardi & Grummer 475 Sansome Street Suite 1800 San Francisco, CA 94111 Ph [phone] Fax [phone]

3.

To vacate the Initial Case Management Conference, currently set for March 24,

2009 at 3:00 p.m. and re-set it to a date in late June 2009, which will provide the parties adequate time to finalize the pleadings. 4. To continue the deadline to exchange initial disclosures currently set for March

24, 2009 to the same date on which the Initial Case Management Conference is scheduled. 5. Good cause exists for the above requests. The parties have diligently cooperated

and coordinated efforts in preparing an agreed upon order to reflect Judge LaPorte's rulings on defendants' motions to dismiss. However, with the numer of issues remaining before the pleadings can be finalized there will likely be another round of motions to dismiss that will be set for hearing in early June 2009. 6. In light of the early June 2009 anticipated hearing date for defendants' motions to

dismiss, having the Initial Case Management Conference and deadline to complete initial disclosures prior to the defendants' motions to dismiss, which may resolve most or all of the issues raised by plaintiff's Second Amended Complaint is not efficient and may be a waste of the Court's time and resources. The parties agree that it in the interest of judicial economy it makes sense to have the Initial Case Management Conference and deadline to complete initial disclosures continued to a date in late June 2009, following the anticipated early June 2009 date of the hearing on defendants' motions to dismiss. 7. The parties agree to the above time-line. In addition, there is no prejudice to the

parties or to the Court if an Order is made continuing the deadline to exchange initial disclosures as well as the date of the Initial Case Management Conference to a date in late June 2009, following the anticiapted date of the hearings on the defendants' motions to dismiss. The parties agree that it is in the best interest of the parties and makes efficient use of the Court's time and resources. 8. The parties further request that the Court continue any and all deadlines, including

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deadlines regarding ADR and initial disclosures to a date commensurate with the new date for the Initial Case Management Conference. 2
STIPULATION AND ORDER TO CONTINUE THE INITIAL CASE MANAGEMENT CONFERENCE AND TO CONTINUE THE DEADLINE TO EXCHANGE INITIAL DISCLOSURES

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Lynch, Gilardi & Grummer 475 Sansome Street Suite 1800 San Francisco, CA 94111 Ph [phone] Fax [phone]

9.

The parties stipulate that a copy of a signature transmitted by any electronic

means including, but not limited to, facsimile machine and scanned document transmitted via email will have the same force and effect as an original signature.

DATED:

March 20, 2009

LYNCH, GILARDI & GRUMMER

By

/s/ Robert T. Lynch Claudia Lozano Attorneys for Defendant STEPHEN M. RAFFLE, M.D.

DATED:

March 20, 2009

KNISBACHER LAW OFFICES

By

/s/ Alden Knisbacher Attorneys for Plaintiff CHRISTOPHER YANKE

DATED:

March 20, 2009

BERTRAND, FOX & ELLIOT

By

/s/ Eugene B. Elliot Christine Lee Joshua K. Clendenin Attorneys for Defendants , CITY OF OAKLAND, WAYNE TUCKER, DEBRA TAYLOR JOHNSON AND KENNETH PARRIS

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STIPULATION AND ORDER TO CONTINUE THE INITIAL CASE MANAGEMENT CONFERENCE AND TO CONTINUE THE DEADLINE TO EXCHANGE INITIAL DISCLOSURES

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ORDER GOOD CAUSE APPEARING THEREFORE, the stipulation to vacate the Initial Case Management Conference currently set for March 24, 2009 at 3:00 p.m. is GRANTED. A new date The Initial Case Management Conference is scheduled for will be scheduled in late June 2009. June 30, 2009 at 10:00 a.m. Joint statement due June 23, 2009. GOOD CAUSE APPEARING THEREFORE, the stipulation to continue the deadline to June 30, 2009 exchange initial disclosures from March 24, 2009 to the date on which the Court scheduled the Initial Case Management Conference is GRANTED. GOOD CAUSE APPEARING THEREFORE, the stipulation to continue all deadlines, including deadlines regarding ADR and initial disclosures to a date commensurate with the new date for the Initial Case Management Conference is GRANTED.

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UNIT ED

________________________________________ THE HONORABLE ELIZABETH D. LAPORTE ERED

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Lynch, Gilardi & Grummer 475 Sansome Street Suite 1800 San Francisco, CA 94111 Ph [phone] Fax [phone]

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