Dickerson v. City of Oakland et al

Filing 35

ORDER GRANTING as modified 34 Stipulationfor Extension of Time to Disclose Expert Witnesses and Complete Discovery; and Extension of Time for Completion of Settlement Conference. Jury Trial set for 12/5/2011 08:00 AM in Courtroom 11, 19th Floor, S an Francisco before Hon. Jeffrey S. White. Motion Hearing set for 9/9/2011 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White. Pretrial Conference set for 11/14/2011 02:00 PM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge Jeffrey S. White on 5/25/11. (jjoS, COURT STAFF) (Filed on 5/25/2011)

Case3:10-cv-00435-JSW Document34

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Filed05/24/11 Page1 of 4

JOHN L. BURRIS, Esq./ State Bar # 69888
LAW OFFICES OF JOHN L. BURRIS
7677 Oakport Street, Suite 1120
Oakland, CA 94621
Telephone: [phone]
Facsimile: [phone]
GAYLA B. LIBET, Esq./ State Bar # 109173
LAW OFFICES OF GAYLA B. LIBET
486 41st Street, Suite 3
Oakland, CA 94609
Telephone and Facsimile: [phone]
Attorneys for Plaintiff DESMOND J. DICKERSON
WILLIAM E. SIMMONS, Esq., Supervising Trial Attorney/SB # 121286
ARLENE ROSEN, Esq., Senior Deputy City Attorney/SB # 100160
One Frank Ogawa Plaza, Sixth Floor
Oakland, CA 94612
Telephone: [phone] (William E. Simmons, Esq.
Telephone: [phone] (Arlene Rosen, Esq.)
Facsimile: [phone]
Attorneys for Defendants CITY OF OAKLAND, WAYNE G. TUCKER,
JASON MITCHELL, JOSEPH FOREMAN, and JOSEPH FONG

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DESMOND J. DICKERSON,
Plaintiff,

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vs.

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CITY OF OAKLAND, a municipal
corporation; WAYNE G. TUCKER, in his
capacity as Chief of Police for CITY OF
OAKLAND; JASON MITCHELL,
JOSEPH FOREMAN, and JOSEPH FONG,
individually, and in their capacity as police
officers for CITY OFOAKLAND; and,
DOES 1-25, inclusive
Defendants.

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Action No. C-10-00435-JSW (JL)
STIPULATION AND (PROPOSED) ORDER
FOR EXTENSION OF TIME TO DISCLOSE
EXPERT WITNESSES AND COMPLETE
DISCOVERY; AND EXTENSION OF TIME
FOR COMPLETION OF SETTLEMENT
CONFERENCE

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STIPULATION AND (PROPOSED) ORDER FOR EXTENSION OF TIME TO DISCLOSE EXPERT
WITNESSES AND COMPLETE DISCOVERY; AND EXTENSION OF TIME FOR COMPLETION OF
SETTLEMENT CONFERENCE

No. C-10-00435-JSW (JL)

Case3:10-cv-00435-JSW Document34

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Filed05/24/11 Page2 of 4

All parties to this action stipulate and agree, by and through their respective counsel,
as follows:
1. That depositions of at least four (4) percipient witnesses have not yet been taken, but

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are being scheduled for late May 2011 and early June 2011. Good cause exists for taking

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percipient witnesses’ depositions after the discovery cut-off date of 5-9-11, because the

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witnesses and counsel for all parties have been unavailable for taking their depositions until

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after that date;

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2. Magistrate Judge James Larson is retiring from the bench on May 31, 2011, and
therefore the parties will need reassignment of this matter to another Magistrate Judge for
Settlement Conference. The parties have agreed that they would like to have Magistrate
Judge Joseph C. Spero be assigned to preside at the Settlement Conference at a date to be

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arranged;
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3. Good cause exists for extending the time to disclose expert witnesses; complete nonexpert discovery; and complete expert discovery because: (a) It would be advantageous to all
parties to re-schedule the disclosure of expert witnesses and completion of expert discovery
until after the Settlement Conference date to be arranged, since the Settlement Conference my

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result in resolution of the case; and, (b) ) It would be advantageous to all parties to re-

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schedule cut-off date for non-expert discovery after percipient witnesses are deposed, at a date

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prior to the Settlement Conference date to be arranged;

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4. The parties have agreed that they cannot conduct a meaningful Settlement Conference
at this time for the above-stated reasons;
5. Therefore, good cause appearing, and counsel have conferred and agreed, the parties

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request that this Court continue the date for completion of Settlement Conference scheduled

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for May 18, 2011 to a date approximately forty-five (45) days from that date;

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6. Additionally, the parties request that the discovery cut-off date for non-expert witnesses
of 5-9-11; disclosure of expert witnesses date of 5-24-11; and, discovery cut-off date for

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STIPULATION AND (PROPOSED) ORDER FOR EXTENSION OF TIME TO DISCLOSE EXPERT
WITNESSES AND COMPLETE DISCOVERY; AND EXTENSION OF TIME FOR COMPLETION OF
SETTLEMENT CONFERENCE

No. C-10-00435-JSW (JL)

Case3:10-cv-00435-JSW Document34

Filed05/24/11 Page3 of 4

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expert witnesses of 6-8-11; be re-scheduled by two months, based on the above-stated

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reasons.

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Respectfully submitted,

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Dated: May 24, 2011

/s/
By:
JOHN L. BURRIS, Esq.
LAW OFFICES OF JOHN L. BURRIS
Attorneys for Plaintiff

Dated: May 24, 2011

By:

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/s/
GAYLA B. LIBET, Esq.
LAW OFFICES OF GAYLA B. LIBET
Attorneys for Plaintiff

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OFFICE OF THE OAKLAND CITY

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ATTORNEY

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Dated: May 24, 2011

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By:

/s/
ARLENE M. ROSEN, Esq.
Attorneys for Defendants

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STIPULATION AND (PROPOSED) ORDER FOR EXTENSION OF TIME TO DISCLOSE EXPERT
WITNESSES AND COMPLETE DISCOVERY; AND EXTENSION OF TIME FOR COMPLETION OF
SETTLEMENT CONFERENCE

No. C-10-00435-JSW (JL)

Case3:10-cv-00435-JSW Document34

Filed05/24/11 Page4 of 4

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
The last day to complete a settlement conference is continued to July 20, 2011.
The last day to complete non-expert discovery is continued to July 13, 2011.
The last day to complete expert disclosures is continuned to August 3, 2011.
The last day to complete expert discovery is contined to August 17, 2011.

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DATED: May 25, 2011
JEFFREY S. WHITE
United States District Court Judge

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The last day to hear dispositive motions is continued to September 9, 2011 at 9:00 a.m.
The pretrial conference is continued to November 14, 2011 at 2:00 p.m.
Trial is continued to December 5, 2011 at 8:00 a.m.

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STIPULATION AND (PROPOSED) ORDER FOR EXTENSION OF TIME TO DISCLOSE EXPERT
WITNESSES AND COMPLETE DISCOVERY; AND EXTENSION OF TIME FOR COMPLETION OF
SETTLEMENT CONFERENCE

No. C-10-00435-JSW (JL)