Yanke v. City of Oakland et al

Filing 99

STIPULATION AND ORDER to Continue the Deadline to Exchange Initial Disclosures to April 19, 2010 Signed by Mag. Judge Elizabeth D. Laporte re 98 Stipulation. (edllc2, COURT STAFF) (Filed on 1/7/2010)

Case3:08-cv-04379-EDL Document98

Filed01/06/10 Page1 of 3

1 2 3 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

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

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

Case No.: C08-04379 EDL STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE DEADLINE TO EXCHANGE INITIAL DISCLOSURES TO APRIL 19, 2010

Defendants CITY OF OAKLAND, WAYNE TUCKER, DEBRA TAYLOR JOHNSON and KENNETH PARRIS ("CITY DEFENDANTS") and Plaintiff CHRISTOPHER YANKE, in light of the recent California Court of Appeal decision affirming the California Superior Court's decision regarding Plaintiff YANKE's state court action, hereby stipulate, through their respective counsels of record, as follows:

STIPULATION & [ PROPOSED] ORDER TO CONTINUE DEADLINE TO EXCHANGE INITIAL DISCLOSURES TO APRIL 19, 2010 C08-04379 EDL 1

Case3:08-cv-04379-EDL Document98

Filed01/06/10 Page2 of 3

1 2 3 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 /// ///

1. 2.

That the deadline to exchange initial disclosures be continued until April 19, 2010. 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. The California Court of Appeal heard oral argument on the state court action on October 28, 2009. 3. On November 30, 2009, the California Court of Appeal issued a written decision

affirming the Alameda County Superior Court's decision to deny Plaintiff YANKE's writ petition. A copy of the Court of Appeal's November 30, 2009 decision is attached. 4. In light of the decision of the California Court of Appeal, the CITY DEFENDANTS

intend to bring another motion to dismiss Plaintiff's Third Amended Complaint. It would be efficient to continue the due date for initial disclosures until after the pleadings are settled and to allow potentially dispositive motions to be heard prior to engaging in costly discovery. 5. In addition, the parties are engaged in discussions about the possibility of participating

in mediation at the end of January 2010 that could potentially resolve this litigation. Continuing the deadline to exchange initial disclosures until after the mediation would reduce litigation costs for both parties. 6. The parties agree to the above timeline. There is no prejudice to the parties or to the

Court if an Order is issued continuing the deadline to exchange initial disclosures to April 19, 2010. 7. 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: January 7, 2010 LAW OFFICES OF ALDEN KNISBACHER By: _____________/s___________________ Alden Knishbacher Attorney for Plaintiff Christopher Yanke

STIPULATION & [ PROPOSED] ORDER TO CONTINUE DEADLINE TO EXCHANGE INITIAL DISCLOSURES TO APRIL 19, 2010 C08-04379 EDL 2

Case3:08-cv-04379-EDL Document98

Filed01/06/10 Page3 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14

Dated: January 7, 2010

BERTRAND, FOX & ELLIOT

By:

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

ORDER Good cause appearing, the deadline to exchange initial disclosures is continued to ___A__il_______________, 2010. _ pr _ 19

IT IS SO ORDERED. 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATION & [ PROPOSED] ORDER TO CONTINUE DEADLINE TO EXCHANGE INITIAL DISCLOSURES TO APRIL 19, 2010 C08-04379 EDL 3

Dated: ____Januar__7,_2010 _____________ _____ y _ ____

______________________________________ United States District Court Judge