Hernandez v. City of Napa et al

Filing 30

STIPULATION AND ORDER CONTINUING Initial Case Management Conference to 11/17/2009 10:00 AM. Rule 26(f) Reports, Initial Disclosures and Joint Case Management Conference Statement due 11/10/2009. Signed by Judge Elizabeth D. Laporte on 9/14/09. (lmh, COURT STAFF) (Filed on 9/14/2009)

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MICHAEL W. BARRETT, CITY ATTORNEY DAVID C. JONES, DEPUTY CITY ATTORNEY NAPA CITY ATTORNEY' S OFFICE ([e-mail]) CITY OF NAPA P.O.BOX 660 NAPA, CA 94559 Telephone: [phone] Facsimile: [phone]
(SBN 155968)

(SBN 129881)

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GREGORY M. FOX, ESQ. BERTRAND, FOX & ELLIOT THE WATERFRONT BUILDING 2749 HYDE STREET SAN FRANCISCO, CA 94109 Telephone: [phone] Facsimile: [phone]

(SBN 70876)

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Attorneys for Defendants CITY OF NAPA, RICHARD MELTON, CITY OF NAPA OFFICERS GARTH BENDER, RYAN COLE, and RYAN HIBBS
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LUZ HERNANDEZ, Plaintiff,

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vs.

) ) ) ) )

Case No. CV 092782 EDL
STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE, RULE 26(f) REPORT AND INITIAL DISCLOSURES

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CITY OF NAPA; a municipal corporation; ) RICHARD MELTON, in his capacity as chief of ) Police for the CITY OF NAPA, OFFICER ) GARTH BENDER, individually and in his ) capacity as a police officer for the CITY OF ) NAPA; OFFICER RYAN COLE, individually and) in his capacity as a police officer for the CITY OF) NAPA, OFFICER RYAN HIBBS, individually ) and in his capacity as a police officer for the CITY) OF NAPA; DONALD GREEN, individually and ) acting as a co-conspirator in conjunction with ) Defendant Police Officer for the CITY OF NAPA;) JOHN HALLMAN, individually and in his ) capacity as a Deputy Sheriff for the COUNTY OF) NAPA and DOES 1-30 )
Defendants.

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// Stipulation and Order Continuing Case Management Conference, Rule 26(f) Report and Initial Disclosures

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All parties, by their counsel, request through this stipulation that the Court vacate the current dates for Case Management Conference, Rule 26(f) Report, and Initial Disclosures, and assign new dates, on the following grounds:
RECITALS 1. This matter was filed on June 23, 2009.

It is currently set for an initial Case

Management Conference on September 29, 2009. Rule 26(f) Report and Initial Disclosures are currently due on September 22, 2009 2. On July 22, 2009, Defendants filed two separate motions to dismiss pursuant to Ru'e

12(b)(6), and set the matter for hearing on September 1, 2009. 3. In response to the initial motions to dismiss, on August 11, 2009, Plaintiff filed a First

Amended Complaint. Defendants withdrew their initial motions, and filed new motions to dismiss the FAC, with hearing set for October 20, 2009.
4.

All parties believe that justice would be best served by vacating the current Case

Management Conference, Rule 26(f) report and Initial Disclosure dates until shortly after the ruling on the October 20, 2009 motions to dismiss, and the filing of a Second Amended Complaint, if appropriate. The parties believe that after the pleading issues have been resolved the Court can more fully and efficiently manage this matter at the Case Management Conference, and initial disclosures can be better directed at the issues which then remain in the relevant pleadings.
STIPULATION

All parties hereby stipulate that the current deadlines for the Rule 26(f) Reports and Initial Disclosures (due on September 22, 2009), and the Case Management Conference currently set for September 29, 2009 may be vacated, and new dates established as follows, or at the Court's convenience: 1. November 10, 2009: Rule 26(f) Reports and Initial Disclosures due; Joint Case

Management Conference Statement filed.
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November 17, 2009: Initial Joint Case Management Conference, Courtroom E,

th 15

Floor, San Francisco, CA, 10:00 am.

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2 Stipulation and Order Continuing Case Management Conference, Rule 26(f) Report and Initial Disclosures

Sep

10

2008

1:18PM

THE

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LAW OFFICES OF T September)V, 2009 By:

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PORI

T Attorney for Plaintiff MEYERS, WILSON
NAVE,

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RIBACK, SILVER &

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September

,2009

By:

Attorney

KEVIN E. GILBERT for Defend art

John

Hailman

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CITY OF NAPA
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September 8, 2009

By:

D VID C. JONES, Deputy City Attorney for DefendaRts City Of Napi, Richard Melton, Officers Garth Bender, Ryan Cole, and Ryan Hibbs

Attorney

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ORDER

PURSUANT TO STIPULATION, IT IS

SO ORDERED.

Dated:

2009

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THE HONORABLE ELIZA3ETH D. LAPORTE United States Magistrate Jud ;e

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tial Disclosures Stipulation and Order Continuing Case Management Conference, Rule 26(f) Report andi:ni

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LAW OFFICES OF TIM A. PORI September 2009 By: TIM A. PORt Attorney for Plaintiff MEYERS NAV WILSO RIBACK, SILVER &

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September2009
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By: KB / .GILBERT / Attorney for Defendant John Haliman CITY OF NAPA

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By: DAVID C. JONES, Deputy City Attorney Attorney for Defendants City Of Napa, Richard Melton, Officers Garth Bender, Ryan Cole, and Ryan Hibbs

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ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: September 14

2009

UNIT ED

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S DISTRICT TE C TA

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Stipulation

and Order Continuing Case Management Conference, Rule 26(f)

Report

and Initial Disclosures

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D lizabeth Judge E

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E THE HONORABLE ELIZARDERD. LAPORTE O BETH Ste JO ge IT I s United States MagiStra ud
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