Hartmann v. Hanson et al

Filing 19

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE TO DECEMBER 10, 2009, AT 11:00 AM. Signed by Judge William Alsup on 10/29/2009. (whasec, COURT STAFF) (Filed on 10/29/2009)

Download PDF
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 JOSEPH P. RUSSONIELLO (SC SBN 44332) United States Attorney JOANN SWANSON (SBN 88143) Chief, Civil Division JAMES A. SCHARF (SBN 152171) Assistant United States Attorney 150 Almaden Blvd. Suite 900 San Jose, CA 95113 (408) 535-5044 Attorneys for Federal Defendant Christian Hanson UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION DAN HARTMANN, Plaintiff, v. CHRISTIAN HANSON, et al., Defendants. ) ) ) ) ) ) ) ) ) ) Case No. CV-09-3227 WHA NOTICE OF CLARIFICATION AND STIPULATION AND PROPOSED ORDER TO CONTINUE DECEMBER 3, 2009 CASE MANAGEMENT CONFERENCE Pursuant to the duty to promptly correct misstatements to the Court, federal defendant Christian Hanson hereby specially appears in this action for the sole and limited purpose of filing this Notice of Clarification and Stipulation and Proposed Order to Continue December 3, 2009 24 Case Management Conference. 25 26 27 Continue Initial Case Management Conference, that pleading erroneously stated: "Once the 28 United States Department of Justice approves the request for representation, AUSA Scharf will NOTICE OF CLARIFICATION Due to an unintentional mistake in the editing of the Stipulation and Proposed Order to 1 2 3 promptly file an answer and make the require initial disclosures on behalf of the federal defendants." That sentence should have read: "Once the United States Department of Justice approves the request for representation, AUSA Scharf will promptly respond to the complaint on 4 5 6 7 8 9 10 Hanson has still not been properly served pursuant to FRCP 4, which also requires service on the behalf of the federal defendant Hanson" as the following sentence in the pleading makes clear. Counsel for plaintiff has acknowledged the unintentional error. By way of further update, the United States Department of Justice has now authorized AUSA Scharf to represent federal defendant Hanson in this action. However, federal defendant 11 Office of the United States Attorney. As a professional courtesy, AUSA Scharf has agreed to 12 accept service on his office by mail and the parties expect this to be accomplished soon. 13 14 15 respond to the complaint by filing a motion to dismiss or, in the alternative, a motion for summary After federal defendant Hanson has been properly served, AUSA Scharf intends to 16 judgment, raising the defense of qualified immunity. AUSA Scharf intends to notice that motion 17 for hearing on January 7, 2010. In connection with that motion, AUSA Scharf intends to ask the 18 19 Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982) ("[u]ntil this threshold immunity question is 20 21 resolved, discovery should not be allowed."); accord Crawford-El v. Britton, 523 U.S. 574, 598 22 (when defendants plead an immunity defense, "the district court should resolve that threshold 23 question before permitting discovery"). 24 25 26 27 28 NOTICE OF CLARIFICATION AND STIPULATION AND PROPOSED ORDER 2 Court to stay discovery (including initial disclosures) pending adjudication of that motion. See 1 2 3 STIPULATION AND PROPOSED ORDER TO CONTINUE DECEMBER 3, 2009 CASE MANAGEMENT CONFERENCE Through counsel, plaintiff and defendant Hanson jointly request that the December 3, 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 The case management conference is hereby CONTINUED to January 7, 2010 [or 23 December 10, 2009] at 11:00 a.m. Please file a joint case management statement at least seven 24 days prior. 25 26 27 28 NO 2009 Case Management Conference be continued as AUSA Scharf is not available on that day because he will be taking the deposition of the plaintiff in a multi-party case at 10:00 a.m. in San Jose. Therefore, the parties jointly request that the December 3, 2009 Case Management Conference be continued to either January 7, 2010 (to occur immediately after the federal defendant's anticipated dispositive motion is heard) or, alternatively, to December 10, 2009. Respectfully submitted, Dated: October 20, 2009 __________________/S/______________ James A. Scharf Assistant United States Attorney Counsel for Federal Defendant Hanson Stipulation and Proposed Order approved by plaintiff: Dated: October 20, 2009 __________________/S/_______________ David L. Wright Counsel for Plaintiff ORDER 29 Dated: October __, 2009 UNIT ED ___________________IS________________ S D _ TRICT TE C Hon. William Alsup TA United States District Court Judge RT U O S R NIA VED APPRO iam A NOTICE OF CLARIFICATION AND STIPULATIONJuANDllPROPOSED ORDER dge Wi 3 ER N F D IS T IC T O R A C LI FO lsup RT H

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?