Yanke v. City of Oakland et al

Filing 95

STIPULATION AND ORDER AS MODIFIED re 94 Stipulation, filed by Kenneth Parris, Wayne Tucker, Debra Taylor Johnson, City of Oakland. Signed by Magistrate Judge Elizabeth D. Laporte on November 12, 2009. (edllc2, COURT STAFF) (Filed on 11/13/2009)

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John Russo, City Attorney, State Bar No. 129729 Vicki A. Laden, Supervising Deputy City Attorney, State Bar No. 130147 Office of the City Attorney One Frank H. Ogawa Plaza, 6th Floor Oakland CA 94612 Telephone: [phone] Facsimile: [phone] Eugene B. Elliot, State Bar No. 111475 Christine Lee, State Bar No. 231617 Joshua K. Clendenin, State Bar No. 245564 BERTRAND, FOX & ELLIOT The Waterfront Building 2749 Hyde Street San Francisco, California 94109 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants CITY OF OAKLAND, WAYNE TUCKER DEBRA TAYLOR JOHNSON and KENNETH PARRIS UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

CHRISTOPHER YANKE,

) ) Plaintiff, ) vs. ) ) CITY OF OAKLAND, WAYNE TUCKER, ) DEBRA TAYLOR JOHNSON; KENNETH ) PARRIS, STEPHEN RAFFLE, M.D., and DOES ) ) 1- 10, ) ) Defendants. )

Case No.: C08-04379 EDL STIPULATION AND ORDER TO CONTINUE THE INITIAL CASE MANAGEMENT CONFERENCE AND DEADLINE TO EXCHANGE INITIAL DISCLOSURES TO JANUARY 19, 2010 AS MODIFIED

Defendant CITY OF OAKLAND, WAYNE TUCKER, DEBRA TAYLOR JOHNSON and KENNETH PARRIS ("CITY DEFENDANTS") and Plaintiff CHRISTOPHER YANKE, in light of this Court's Order dated August 20, 2009, hereby stipulate, through their respective counsels of record, as follows: That the Case Management Conference in this matter be continued from November 3:00 p.m. 17, 2009 to January 19, 2010 at 10: a.m., that a joint Case Management Conference statement be filed
STIPULATION AND ORDER TO CONTINUE THE INITIAL CASE MANAGEMENT CONFERENCE AND DEADLINE TO EXCHANGE INITIAL DISCLOSURES TO JANUARY 19, 2010 C08-04379 EDL 1

1.

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no later than January 12, 2010, and that the deadline to exchange initial disclosures is continued until January 19, 2010. 2. Good cause exists for the above request. On August 20, 2009 this Court issued an

order granting defendant Raffle's motion to dismiss and staying the action as to City defendants based on the pendency of related state court proceedings. In that Order, the Court indicated that if the state court action was not concluded by that date, the parties could seek a continuance of the November 17, 2009 Case Management Conference. The California Court of Appeal heard oral argument on the state court action on October 28, 2009, and no opinion has been issued. 3. The parties agree to the above timeline. In addition, there is no prejudice to the parties

or to the Court if an Order is issued continuing the deadline to exchange initial disclosures to the same date as the date of the Initial Case Management Conference. 4. 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. SO STIPULATED. Dated: November 12, 2009 LAW OFFICES OF ALDEN KNISBACHER /s/ Alden Knishbacher ________________________________ Alden Knishbacher Attorney for Plaintiff Christopher Yanke BERTRAND, FOX & ELLIOT /s/ Michael C. Wenzel _________________________________ Eugene B. Elliot Michael C. Wenzel Attorneys for Defendants CITY OF OAKLAND, WAYNE TUCKER, DEBRA TAYLOR JOHNSON and KENNETH PARRIS

By:

By:

IT IS SO ORDERED: AS MODIFIED

November 12, 2009 Dated: ______________________________
______________________________________ United States District Court Judge Magistrate

STIPULATION AND ORDER TO CONTINUE THE INITIAL CASE MANAGEMENT CONFERENCE AND DEADLINE TO EXCHANGE INITIAL DISCLOSURES TO JANUARY 19, 2010 C08-04379 EDL 2