White v. City of Concord et al

Filing 26

ORDER FOR EXTENSION OF DEADLINE TO COMPLETE ADR. The new ADR completion deadline is now March 1, 2011. Signed by Judge Maxine M. Chesney on 11/10/10. (mmclc2, COURT STAFF) (Filed on 11/10/2010)

White v. City of Concord et al

Doc. 26

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McNAMARA, NEY, BEATTY, SLATTERY, BORGES & BROTHERS LLP

JAMES V. FITZGERALD, III (State Bar No. 55632) NOAH G. BLECHMAN (State Bar No. 197167) MCNAMARA, NEY, BEATTY, SLATTERY, BORGES & BROTHERS LLP 1211 Newell Avenue Post Office Box 5288 Walnut Creek, CA 94596 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants City of Concord, Mike Kindorf, Phil Perez UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

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ATTORNEYS AT LAW P.O. BOX 5288, WALNUT CREEK, CA 94596 TELEPHONE: [phone]

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TROY WHITE, Plaintiff, vs. CITY OF CONCORD, MIKE KINDORF, PHIL PEREZ and DOES 1 through 50, Defendants.

Case No. C10-2237 MMC STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF DEADLINE TO COMPLETE ADR Current Deadline: Deadline Sought: December 1, 2010 March 1, 2011

IT IS HEREBY STIPULATED AND AGREED by and between the parties to this action, through their respective counsel of record, and approved by the Court in the accompanying Order, as follows: 1. WHERAS the parties previously stipulated to participate in a court-sponsored mediation in this matter. 2. WHEREAS the parties stipulated to complete mediation within 90 days and the Court signed an order on September 1, 2010, giving the parties until December 1, 2010 (90 days), to complete the mediation in this case. (See Document 15 from Court's Docket). 3. WHEREAS the parties have already exchanged written discovery in this matter and have taken and noticed several depositions. Defendants have completed two witness depositions thus far. Plaintiff is scheduled to take the depositions of the two named officers in the coming weeks. Plaintiff may also need to take the depositions of other
STIPULATION AND ORDER EXTENDING ADR COMPLETION DEADLINE - C10-2237 MMC

Dockets.Justia.com

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McNAMARA, NEY, BEATTY, SLATTERY, BORGES & BROTHERS LLP

officers who were present during the incident. Defendants are in the process of setting up the Plaintiff's deposition. Plaintiff lives in Southern California. Defendants also will likely take the deposition of Plaintiff's girlfriend and perhaps some of Plaintiff's treating physicians, all of which are located in Southern California. Defendants have also subpoenaed relevant medical records of Plaintiff which are still outstanding. This

discovery is all necessary prior to mediation to put this matter in the best posture for a meaningful mediation. 4. WHEREAS the trial of this matter is not set to commence until October 17, 2011. The fact discovery deadline is not until May 6, 2011. 5. WHEREAS there are several upcoming holidays, such as Thanksgiving and the Christmas and New Year's holidays, in 2010 that will make it difficult to complete all this necessary discovery prior to the end of the year. 6. WHEREAS the parties request that the Court allow an extension of the ADR deadline to March 1, 2011, a 90 day extension from the current deadline of December 1, 2010. 7. WHEREAS the parties and the court-appointed mediator, Mr. Sherwood, have all discussed the date for mediation and a tentative date of February 10, 2011, has been set and is currently pending confirmation by the respective parties. 8. WHEREAS this is the first such request and good cause exists to allow the parties additional time to complete mediation in this matter. IT IS SO STIPULATED.

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ATTORNEYS AT LAW P.O. BOX 5288, WALNUT CREEK, CA 94596 TELEPHONE: [phone]

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STIPULATION AND ORDER EXTENDING ADR COMPLETION DEADLINE - C10-2237 MMC

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McNAMARA, NEY, BEATTY, SLATTERY, BORGES & BROTHERS LLP

Dated: November 8, 2010

MCNAMARA, NEY, BEATTY, SLATTERY, BORGES & BROTHERS LLP

By:

/s/ James V. Fitzgerald, III James V. Fitzgerald, III / Noah G. Blechman Attorneys for Defendants City of Concord, Mike Kindorf, Phil Perez

Dated: November 8, 2010

LAW OFFICES OF EDWARD C. CASEY, JR.

By:

/s/ Edward C. Casey, Jr.__________ Edward C. Casey, Jr. Attorney for Plaintiff Troy White

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ATTORNEYS AT LAW P.O. BOX 5288, WALNUT CREEK, CA 94596 TELEPHONE: [phone]

ORDER Pursuant to the foregoing stipulation, the new ADR completion deadline is now March 1, 2011.

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IT IS SO ORDERED

November 10 Dated: _______________, 2010

________________________________________ Hon. Maxine M. Chesney United States District Court Judge

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STIPULATION AND ORDER EXTENDING ADR COMPLETION DEADLINE - C10-2237 MMC