Dorger et al v. City of Napa et al

Filing 71

STIPULATION AND ORDER TO RESCHEDULE CASE MANAGEMENT CONFERENCE, EXPERTS DISCLOSURE DATE AND SET MOTION FOR SUMMARY JUDGMENT BRIEFING SCHEDULE re 70 STIPULATION WITH PROPOSED ORDER. Case Management Conference set for 11/12/2013 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge William H. Orrick on 08/16/2013. (jmdS, COURT STAFF) (Filed on 8/16/2013)

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Gregory M. Fox, State Bar No. 070876
BERTRAND, FOX & ELLIOT
The Waterfront Building
2749 Hyde Street
San Francisco, California 94109
Telephone: [phone]
Facsimile: [phone]
Michael W. Barrett, City Attorney, State Bar No. 155968
David C. Jones, Deputy City Attorney, State Bar No. 129881
NAPA CITY ATTORNEY’S OFFICE
CITY OF NAPA
P.O. Box 660
955 School Street
Napa, CA 94559
Telephone: [phone]
Fax: [phone]
Attorneys for Defendants
CITY OF NAPA and NAPA POLICE OFFICERS
BRAD BAKER and NICK DALESSI

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAMANDA DORGER AND GABRIELLE
POCCIA, INDIVIDUALLY AND AS
SUCCESSORS-IN-INTEREST TO THE
ESTATE OF RICHARD POCCIA,

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Plaintiffs,
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Case No. CV12-0440 WHO
STIPULATION AND ORDER TO
RESCHEDULE CASE MANAGEMENT
CONFERENCE, EXPERTS DISCLOSURE DATE
AND SET MOTION FOR SUMMARY
JUDGMENT BRIEFING SCHEDULE.

v.
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CITY OF NAPA; NAPA POLICE OFFICER
BRAD BAKER; NAPA POLICE OFFICER
NICK DALESSI; and DOES 1 THROUGH 25,

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Defendants.
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IT IS HEREBY STIPULATED by the parties hereto, through their respective undersigned
attorneys of record as follows:
Following the Case Management Conference (CMC) on August 8, 2013 the Court scheduled a

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further CMC for November 5, 2013. Defense counsel Gregory M. Fox will be out of the country

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November 1 through November 8, 2013. The parties respectfully stipulate and request that the CMC be

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STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE

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continued from November 5 to November 12, 2013 to accommodate Mr. Fox's travel schedule. A joint

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CMC statement will be filed Tuesday October 29th.

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The parties also request that the date for expert disclosure be moved from Friday November 8 to
Friday November 15, 2013. Rebuttal experts to be disclosed Friday, November 22, 2013.

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The parties also stipulate to the following briefing schedule for the defendants Motion for

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Summary Judgment. Opening brief to be filed Monday September 9th. Opposition brief to be filed and

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hand served September 25, 2013. Reply brief to be filed October 2, 2013. Hearing on the MSJ is

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October 16, 2013.

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The parties confirm the trial date of February 24, 2014 is convenient for all parties and expert
witnesses.
So stipulated.
Dated: September 6, 2012

BERTRAND, FOX & ELLIOT

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By:

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/s/
Gregory M. Fox
Attorneys for Defendants
CITY OF NAPA and NAPA POLICE OFFICER NICK
DALESSI and SERGEANT AMY HUNTER

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Dated: September 6, 2012

WALKUP, MELODIA, KELLY & SCHOENBERGER

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By:

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/s/
KHALDOUN A. BAGHDADI
Attorneys for Plaintiffs

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ATTORNEY ATTESTATION

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I hereby attest that plaintiff's counsel Khaldoun Baghdadi has reviewed and approved this

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stipulation and proposed order and has consented to the e-filing of this pleading and has authorized the

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undersigned to show his consent by showing his signatures as indicated by a conformed signature (“/s/”)

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within this E-filed document.

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STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE

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Dated: _August 15, 2013
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/s/
Gregory M. Fox

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ORDER
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Having considered the stipulated request of the parties, the Court orders:
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1. The Case Management Conference scheduled for November 5, 2013 is continued to
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November 12, 2013. A joint Case Management Conference statement will be filed Tuesday
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October 29, 2013.
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2. The date for expert disclosure is moved from Friday, November 8, 2013 to Friday, November
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15, 2013. Rebuttal experts shall be disclosed on Friday, November 22, 2013.
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3. Defendants' Motion for Summary Judgment opening brief shall be filed on Monday,
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September 9, 2013. Plaintiff's opposition brief shall be filed and hand served September 25,
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2013. Reply brief shall be filed October 2, 2013. Hearing on the Motion for Summary
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Judgment is set for October 16, 2013.
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IT IS SO ORDERED.
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DATED: _August 16, 2013__________________
___________________________________
THE HONORABLE WILLIAM H. ORRICK
UNITED STATES DISTRICT JUDGE

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STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE