Whitten v. County of Alameda et al

Filing 25

ORDER Further Case Management Conference set for 2/24/2012 03:00 PM. (tf, COURT STAFF) (Filed on 12/5/2011)

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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]
E-Mail: [e-mail]

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Attorneys for Plaintiff
DONOVAN WHITTEN

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MICHAEL C. WENZEL, Esq./State Bar #215388
BERTRAND, FOX & ELLIOT
2749 Hyde Street
San Francisco, CA 94109
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Attorneys for Defendants
COUNTY OF ALAMEDA, J. MALIZIA,
S. TYRRELL and D. TEICHERA

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DONOVAN WHITTEN,

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Plaintiff,
v.

Case No. C 11-01251 SI
STIPULATION AND [PROPOSED] ORDER
CONTINUING CASE MANAGEMENT
CONFERENCE

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COUNTY OF ALAMEDA; J. MALIZIA;
S. TYRRELL; D. TEICHERA; and DOES 115, inclusive,
Defendants.

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STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE

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Defendants COUNTY OF ALAMEDA, J. MALIZIA, S. TYRRELL and D. TEICHERA and

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plaintiff DONOVAN WHITTEN, by and through their respective attorneys of record, hereby stipulate as

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follows:

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1.

The parties appeared for an initial case management conference on August 5, 2011.

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Pursuant to this Court's Pretrial Preparation Order dated August 10, 2011, the following discovery and

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dispositive motion deadlines were set:

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(A)

Disclosure of Expert Witnesses and Expert Reports to be served by 4-20-12;

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(B)

Disclosure of Rebuttal Expert Witnesses to be served by 5-11-12;

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(C)

Non-Expert Discovery to be completed by 03-16-12;

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(D)

Expert Discovery to be completed by 05-31-12;

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(E)

All Dispositive Motions shall be filed, served, and noticed by 8-3-12;

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(F)

Oppositions to all dispositive motions due 08-17-12;

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(G)

Replies to oppositions to all dispositive motions due 08-24-12;

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(H)

The Court shall hear dispositive motions no later than 9-7-12 at Courtroom 10, 19th Floor,

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Federal Building, 450 Golden Gate Avenue, S.F., CA 94102;

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2.

The Court additionally set a further Case Management Conference for January 13, 2012.

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3.

The parties were further referred to mediation on August 10, 2011 and were ordered to

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complete the mediation session in the 1st half of December, 2011. The parties were assigned to mediator

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Stephen L. Schirle and agreed to schedule mediation for December 6, 2011.

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4.

The parties submitted a stipulation and proposed Order on November 7, 2011 requesting a

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continuance of the mediation compliance date. By Order dated November 8, 2011, the parties request

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was granted, and the mediation compliance date was continued to February 17, 2011. The Docket Text

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accompanying the Order served via EFS stated that the January 13, 2012 Case Management Conference

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remains on calendar as counsel did not request a continuance of it.

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5.

Because mediation will not be completed prior to the upcoming January 13, 2012 Case

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Management Conference, the parties respectfully request that the Court continue the January 13, 2012

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Case Management Conference to a date after the February 17, 2011 mediation compliance date. The

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parties respectfully request the conference be continued until February 24, 2012 or a date thereafter as
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STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE

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convenient to the Court.
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The parties’ request for a continuance of the scheduled Case Management Conference

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should not interfere with the presently scheduled pretrial and trial dates set by the Court. The parties have

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submitted one prior stipulation to alter any deadlines set by the Court (as set forth above).

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7.

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terms in an Order.

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The parties respectfully request that the Court approve this stipulation and incorporate its

IT IS SO STIPULATED.

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LAW OFFICES OF JOHN L. BURRIS
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Dated: December 1, 2011

By:

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/s/ John L. Burris
John L. Burris, Esq.
Attorneys for Plaintiff
DONOVAN WHITTEN

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BERTRAND, FOX & ELLIOT

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Dated: December 1, 2011

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By:

/s/ Michael C. Wenzel
Thomas F. Bertrand
Richard W. Osman
Michael C. Wenzel
Attorneys for Defendants
COUNTY OF ALAMEDA, J. MALIZIA,
S. TYRRELL and D. TEICHERA

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ORDER

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GOOD CAUSE APPEARING THEREFOR, and the parties’ having stipulated to same, the
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parties’ stipulation is hereby APPROVED.
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The Further Case Management Conference, currently

February 24
scheduled for January 13, 2012, shall be continued until __________________, 2012.
IT IS SO ORDERED.

12/2/11
DATED: ________________

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HONORABLE SUSAN ILLSTON
United States District Judge
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STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE