Hall v. City of Fremont et al

Filing 34

ORDER CONTINUING CASE MANAGEMENT CONFERENCE re 33 Stipulation filed by Jeremy Miskella, City of Fremont. Signed by Judge James Larson on 11/13/09. (jlsec, COURT STAFF) (Filed on 11/13/2009)

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Gregory M. Fox, State Bar No. 070876 BERTRAND, FOX & ELLIOT The Waterfront Building 2749 Hyde Street San Francisco, California 94109 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants CITY OF FREMONT and JEREMY MISKELLA

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

) ) ) Plaintiff, ) vs. ) CITY OF FREMONT; JEREMY MISKELLA; ) ) and DOES 1 through 50, ) ) Defendants. ) ) ) JENNA HALL,

Case No.: CV09-1629 JL STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE

It is hereby stipulated by and between the parties, plaintiff JENNA HALL and defendants CITY OF FREMONT and JEREMY MISKELLA, by and through their attorneys of record, for an order continuing the Case Management Conference scheduled for November 18, 2009 and related Rule 26 disclosure requirements and preparation and filing of a joint cmc statement until after the completion of Mediation which is pending at this time. The Notice of Appointment of Mediator was filed October 30, 2009. James V. Fitzgerald has been appointed Mediator. The parties have not yet had the initial joint phone conference and the Mediation has not been scheduled. Given plaintiff complains she was wrongfully detained for approximately six (6) hours for a mental health evaluation both parties believe the case should be managed in the most cost effective manner and thus it would benefit all parties and the Court to defer further formal legal proceedings including the cmc until after

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the Mediation. The parties therefore respectfully request the cmc be continued to 10:30 am on Wednesday February 3, 2010 or at the Court's convenience. Respectfully submitted. Dated: November 10, 2009 /s/ John K. Crowley, Counsel for Plaintiff /s/ Gregory M. Fox Counsel for Defendants, CITY OF FREMONT and JEREMY MISKELLA ATTORNEY ATTESTATION I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this E-filed document. Dated: November 12, 2009 By: /s/ Gregory M. Fox

Dated: November 12, 2009

ORDER PURSUANT TO STIPULATION, IT IS HEREBY ORDERED THAT: The Case Management Conference scheduled for November 18, 2009 and related pleading and disclosure requirements is continued to February 3, 2010. A joint statement to be filed by January 27, 2010. If the case resolves the parties are to notify the Court in writing of the disposition.

Dated: November 13 _____________, 2009

__________________________ JAMES LARSON Chief Magistrate Judge of the United States District Court

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STIPULATION AND [PROPOSED] ORDER