Mattingly v. City and County of San Francisco et al

Filing 17

ORDER CONTINUING CASE MANAGEMENT CONFERENCE re 16 Stipulation, filed by Tam, Milen S. Banegas, City and County of San Francisco, San Francisco Police Department. Signed by Judge James Larson on 5/28/10. (jlsec, COURT STAFF) (Filed on 5/28/2010)

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DENNIS J. HERRERA, State Bar #139669 City Attorney JOANNE HOEPER, State Bar #114961 Chief Trial Attorney ROBERT A. BONTA State Bar #202668 KIMBERLY A. BLISS, State Bar #207857 Deputy City Attorneys Fox Plaza 1390 Market Street, Sixth Floor San Francisco, California 94102-5408 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO, OFFICER MILEN BENEGAS AND OFFICER CONROY TAM UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ANDREW MATTINGLY, Plaintiff, vs. CITY AND COUNTY OF SAN FRANCISCO, SFPD, SF SHERIFF DEPT., OFCR MILEN S. BREWSTER, OFCR TAM, DOES 1-100, Defendants. Case No. C 10 0193 JL STIPULATED AND [PROPOSED] ORDER: 1) CONTINUING DEADLINE TO CONDUCT MEDIATION TO AUGUST 23, 2010 AND 2) CONTINUING FURTHER CMC FROM AUGUST 11, 2010 TO SEPTEMBER 8, 2010

On April 9, 2010, the Court referred the parties to court-sponsored mediation, which was to be conducted pursuant to Local ADR Rule 6-4 on or before July 12, 2010. On May 17, 2010, the parties held a phone conference with the mediator, who informed them that he will be unavailable from June 23 to July 12, and for the last week of July. Although the parties have been diligently pursuing the limited discovery necessary to complete the mediation, it appears they will be unable to complete that discovery on or before June 23, 2010. Prior to the mediation, the parties wish to complete the depositions of the Plaintiff and the
Stipulated And [Prop.] Order To Cont. Mediation and CMC Case No. C 10-0193 JL

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two Officer defendants--Milen Benegas and Conroy Tam. Additionally, Plaintiff has served some document requests and defendants have subpoenaed Plaintiff's medical records. Plaintiff and defendants have agreed that defendants' responses to Plaintiff's document requests will be due on June 11, 2010, and the parties are meeting and conferring regarding deposition dates in late June and/or early July 2010. Accordingly, the parties and the mediator have--subject to the Court's approval--agreed to schedule the mediation for August 9, 2010 at 10:00 a.m. The parties request, however, that the Court extend the parties' deadline for completing the mediation to and including August 23, 2010 in case the need for a second session arises or an unanticipated conflict precludes the mediation on August 9, 2010. IT IS SO STIPULATED. Dated: May 17, 2010 DENNIS J. HERRERA City Attorney JOANNE HOEPER Chief Trial Attorney By: /s/ Kimberly A. Bliss Kimberly A. Bliss Attorneys for Defendants

Dated: May 17, 2010

HELBRAUN LAW FIRM

By: /s/ David M. Helbraun* David M. Helbraun Attorneys for Plaintiff *Pursuant to General Order 45, §X.B., the filer of this document attests that she has received the concurrence of this signatory to file this document.

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ORDER Based on the above stipulation, and for good cause appearing, the deadline to conduct a mediation in this case is continued to and including August 23, 2010. Additionally, the Further Case Management Conference scheduled for August 11, 2010 at 11:30 a.m. is CONTINUED to September 8, 2010 at 11:30 a.m. The parties shall file an updated joint Case Management Conference statement on or before September 1, 2010.

HON. JAMES LARSON

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