Jackalone et al v. City of Fremont et al

Filing 22

STIPULATION AND ORDER extending deadline to complete ENE to 6/4/2010; Signed by Judge Marilyn Hall Patel on 3/30/2010. (awb, COURT STAFF) (Filed on 3/30/2010)

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JOHN L. BURRIS, Esq./ State Bar #69888 ADANTE D. POINTER, Esq./State Bar#236229 LAW OFFICES OF JOHN L. BURRIS Airport Corporate Centre 7677 Oakport Street, Suite 1120 Oakland, California 94621 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] Attorneys for Plaintiff NICHOLAS & LUCIA JACKALONE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

NICHOLAS JACKALONE and LUCIA JACKALONE, Plaintiffs, vs. CITY OF FREMONT, a municipal corporation; CRAIG STECKLER in his official capacity as Chief of Police for the City of Fremont; NICK MAURER, individually and in his official capacity as a Police Officer for the City of Fremont; DOES 1-25, inclusive. Defendants.

Case No. C09-02956 STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE FOR COMPLETION OF EARLY NEUTRAL EVALUATION

The Parties, by and through their respective counsel, hereby respectfully request the Court extend the deadline by which the parties must participate in and complete Early Neutral Evaluation. This is a case in which plaintiffs allege they were physically assaulted by defendant NICK MAURER in a BART station. MAURER was off duty from his employment as a police officer for the defendant CITY OF FREMONT. Good cause for the extension is because one of the named Defendants, Nick Maurer, has recently been personally served and his appearance is expected by approximately April 9th. The Court had granted an order for publication but given that personal

STIPULATION & (PROPOSED) ORDER TO EXTEND ENE DEADLINE- 1

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service on MAURER has been accomplished the parties are now prepared to move the case forward. The parties met and conferred during the ADR conference call with the ENE Evaluator Anthony Boskovich and it was agreed that given the fact Defendant Maurer had a principal role in the incident that gives rise to plaintiffs' action, he must be present in order for the parties to have a meaningful and productive Early Neutral Evaluation session which may result in a mediated resolution of the case. The parties and the ENE Evaluator have therefore agreed on Friday May 28, 2010 at 10:00 a.m. as the date and time for the ENE. The parties have also agreed to the following limited discovery. Depositions of the two plaintiffs on the liability issues will take place on May 6, 2010. A deposition of an important eye witness who was a BART station attendant will take place on May 5, 2010. Following the depositions and ENE, and if the case does not settle, the parties respectfully request a status conference to discuss the case including, discovery, trial and a schedule for a motion for summary judgment by the defendant CITY OF FREMONT. In light of the foregoing, the parties respectfully request the Court extend the deadline by which the parties must have completed ENE until June 4, 2010. Respectfully submitted, Dated: March 26, 2010 /s/ Adante D. Pointer Attorney for Plaintiffs Dated: March 26, 2010 BERTRAND, FOX & ELLIOT

By:

/s/ Gregory M. Fox Attorneys for Defendants CITY OF FREMONT and CRAIG STECKLER

STIPULATION & (PROPOSED) ORDER TO EXTEND ENE DEADLINE- 2

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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: March 26, 2010 /s/ Gregory M. Fox

(PROPOSED) ORDER GOOD CAUSE APPEARING, the Court hereby orders that the deadline by which the parties must complete Early Neutral Evaluation be extended to June 4, 2010.

Honorable Marilyn Hall Patel D United States District Judge ERE O ORD

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Dated: 3/30/2010

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