Hernandez v. City of Napa et al

Filing 85

ORDER re 84 Stipulation, filed by Richard Melton, Garth Bender, City of Napa. Signed by Judge Laporte on 6/3/10. (edllc1, COURT STAFF) (Filed on 6/3/2010)

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Michael W. Barrett, City Attorney, State Bar No. 155968 David C. Jones, Deputy City Attorney, State Bar No. 129881 NAPA CITY ATTORNEY'S OFFICE CITY OF NAPA P.O. Box 660 955 School Street Napa, CA 94559 Telephone: [phone] Fax: [phone] 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 NAPA, POLICE CHIEF RICHARD MELTON And OFFICER GARTH BENDER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA LUZ HERNANDEZ, Plaintiff, vs. CITY OF NAPA, et al., Defendants. Case No.: C09-2782 EDL STIPULATION AND [PROPOSED] ORDER CONTINUING THE HEARING DATES FOR PLAINTIFF'S MOTION TO COMPEL DISCOVERY AND THE CITY OF NAPA'S MOTION TO BIFURCATE MONELL DISCOVERY AND TRIAL

IT IS HEREBY STIPULATED by the parties hereto, through their respective undersigned attorneys of record, that the date for the hearing on the plaintiff's motion to compel discovery against the City of Napa and the defendant City of Napa's motion to bifurcate Monell discovery and trial be continued from Tuesday, June 22 to Tuesday, July 20, 2010. Since the completion of ENE on April 22, 2010, the parties have continuously met and conferred and cooperated in good faith on resolving all non-Monell discovery matters. On Tuesday June 1 the parties and their respective computer experts met and conferred on a proposal to allow plaintiff's computer expert to conduct a forensic examination on the Napa Police Department server for documents and emails that discuss, refer or relate to the incident and events more fully set forth in the second amended complaint on file. The
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE ON DISCOVERY MOTIONS

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parties need additional time to complete the meet and confer process on the proposal and draft the appropriate stipulations and orders to accommodate this discovery. The parties continue to

cooperate on discovery matters including depositions, records subpoenas and related matters. An extension of the remaining briefing schedule and hearing dates for both discovery motions will allow the parties time to complete this meet and confer process. The parties further stipulate to extend the date for supplemental Rule 26 disclosures to Friday July 2, 2010 based on the ongoing meet and confer process. The parties have also stipulated that all depositions noticed before July 2, 2010 may be completed after July 2, 2010 at a mutually convenient date and time for all parties. And because of the ongoing meet and confer on discovery the parties have stipulated that expert disclosures be extended to August 31 with expert discovery to be completed within 30 days. Based on the good faith meet and confer to date Plaintiff herein also withdraws her request for sanctions included in her notice of motion against these defendants. So Stipulated.

Dated: June 3, 2010

LAW OFFICES OF TIM A. PORI

By:

/s/ TIM A. PORI Attorneys for Plaintiff LUZ HERNANDEZ

Dated: June 3, 2010 By:

BERTRAND, FOX & ELLIOT /s/ GREGORY M. FOX Attorneys for Defendants CITY OF NAPA, RICHARD MELTON, and GARTH BENDER

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE ON DISCOVERY MOTIONS

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ATTORNEY ATTESTATION I hereby attest that Mr. Pori by cell phone confirmed at 8:45 a.m. on June 3, 2010, after I twice read this stipulation to him, that he agreed with the stipulation and authorized me to sign his name and efile this stipulation; that he is in criminal court today but will send me his signature so I will have on file all holograph signatures for any signatures indicated by a conformed signature ("/s/") within this E-filed document. /s/ Gregory M. Fox ORDER

THE STIPULATION IS SO ORDERED. The briefing schedules for both discovery motions 12 and the hearing date for said motions is continued to July 20, 2010 as set forth in the stipulation. The 13 other discovery matters are approved as set forth in the stipulation. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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June 3 Dated: ___________________, 2010

__________________________________________ Honorable Elizabeth D. Laporte UNITED STATES MAGISTRATE JUDGE

STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE ON DISCOVERY MOTIONS