Dickerson v. City of Oakland et al

Filing 38

ORDER GRANTING 37 Stipulation FOR EXTENSION OF TIME TO DISCLOSE EXPERTS AND EXPERT REPORTS; AND TO EXTEND TIME TO COMPLETE EXPERT DISCOVERY. CLOSE OF EXPERT DISCOVERY: 11/3/2011. Replies due by 8/24/2011. Motion Hearing set for 10/21/2011 09:00 PM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge JEFFREY S. WHITE on 8/3/11. (jjoS, COURT STAFF) (Filed on 8/3/2011)

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Case3:10-cv-00435-JSW Document37 Filed08/02/11 Page1 of 3 JOHN L. BURRIS, Esq./ State Bar # 69888 LAW OFFICES OF JOHN L. BURRIS 7677 Oakport Street, Suite 1120 Oakland, CA 94621 Telephone: (510) 839-5200 Facsimile: (510) 839-3882 E-Mail: john.burris@johnburrislaw.com GAYLA B. LIBET, Esq./ State Bar # 109173 LAW OFFICES OF GAYLA B. LIBET 486 41st Street, Suite 3 Oakland, CA 94609 Telephone and Facsimile: (510) 420-0324 E-Mail: glibet@sbcglobal.net Attorneys for Plaintiff ARLENE M. ROSEN/ State Bar # 100160 Senior Deputy City Attorney OAKLAND CITY ATTORNEY’S OFFICE One Frank Ogawa Plaza, Sixth Floor Oakland, CA 94612 Telephone: (510) 238-6392 Facsimile: (510) 238-6500 E-Mail: Arosen@oaklandcityattorney.org UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA DESMOND J. DICKERSON, Action No. C-10-00435-JSW Plaintiff, STIPULATION AND PROPOSED ORDER FOR EXTENSION OF TIME TO DISCLOSE EXPERTS AND EXPERT REPORTS; AND TO EXTEND TIME TO COMPLETE EXPERT DISCOVERY vs. CITY OF OAKLAND, a municipal orporation; WAYNE G. TUCKER, in his capacity as Chief of Police for CITY OF OAKLAND; JASON MITCHELL, JOSEPH FORMAN, JASON FONG, individually, and in their capacity as police officers for CITY OF OAKLAND; and, DOES 1-25, inclusive, Defendants. / STIPULATION All parties to this action stipulate and agree, by and through their respective counsel, as follows: STIPULATION AND PROPOSED ORDER FOR EXTENSION OF TIME TO DISCLOSE EXPERTS AND EXPERT REPORTS; AND EXPERT REPORTS; AND TO EXTEND TIME TO COMPLETE EXPERT DISCOVERY 1 Case3:10-cv-00435-JSW Document37 Filed08/02/11 Page2 of 3 1. That the following good cause exists for extending the time for disclosure of expert witnesses and expert reports; for extending the time for expert discovery to be completed; and for extending the cut-off date for hearing of dispositive motions; 2. Judge Larson was originally the Magistrate Judge with whom there was to be a Settlement Conference in this case. It was scheduled for on August 27, 2011. Since the retirement of Judge Larson from this Court, Magistrate Judge Jacqueline Scott Corley has been assigned as the Magistrate Judge who will schedule and preside at Settlement Conference in this case. The date of September 2, 2011 has been selected for the Settlement Conference; 3. By extending the time for disclosure of expert witnesses and expert reports; and extending the time for expert discovery to be completed, the parties may not have to bear the cost of retaining experts, should the case settle prior to the requested new extended dates for expert disclosure and discovery; 4. As set forth in the Court’s Order, dated 5-25-11, the Pretrial Conference is scheduled for 11-14-11 at 2:00 p.m., and the scheduled date for Trial is 12-5-11 at 8:00 a.m.. Therefore, the parties’ request for extension of deadlines should not interfere with the presently scheduled pretrial and trial dates set by the Court; and, 5. For all the good cause reasons stated above, the parties respectfully request, that the following dates set forth in the Court’s Order, dated 5-25-11, be extended, as follows: (A) That the date for disclosure of expert witnesses and expert reports be extended from August 3, 2011 to October 12, 2011; (B) That the cut-off date for completion of expert discovery be extended from August 17, 2011 to November 3, 2011; and, (C ) That the last date to hear dispositive motions be extended from September 9, 2011 at 9:00 a.m. to October 20, 2011. October 21, 2011 at 9:00 a.m. LAW OFFICES OF GAYLA B. LIBET Dated: 8-2-11 By: /s/ Gayla B. Libet, Esq. GAYLA B. LIBET, Esq. Attorneys for Plaintiff STIPULATION AND PROPOSED ORDER FOR EXTENSION OF TIME TO DISCLOSE EXPERTS AND EXPERT REPORTS; AND EXPERT REPORTS; AND TO EXTEND TIME TO COMPLETE EXPERT DISCOVERY 2 Case3:10-cv-00435-JSW Document37 Filed08/02/11 Page3 of 3 LAW OFFICES OF JOHN L. BURRIS Dated: 8-2-11 By: /s/ John L. Burris JOHN L. BURRIS, Esq. Attorneys for Plaintiff OFFICE OF THE OAKLAND CITY ATTORNEY Dated: 8-2-11 By: /s/ Arlene M. Rosen, Esq. ARLENE M. ROSEN, Esq. Attorneys for Defendants ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: August 2, 2011 HONORABLE JEFFREY S. WHITE United States District Court Judge STIPULATION AND PROPOSED ORDER FOR EXTENSION OF TIME TO DISCLOSE EXPERTS AND EXPERT REPORTS; AND EXPERT REPORTS; AND TO EXTEND TIME TO COMPLETE EXPERT DISCOVERY 3

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