Arambula v. Kimber et al

Filing 24

STIPULATION AND ORDER re 23 STIPULATION WITH PROPOSED ORDER FOR EXTENSION OF TIME TO COMPLETE SETTLEMENT CONFERENCE AND AMENDED SCHEDULING ORDER filed by Alberto N. Arambula. Signed by Judge Jon S. Tigar on September 11, 2014. (wsn, COURT STAFF) (Filed on 9/11/2014)

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JOHN L. BURRIS, ESQ. SB#69888
BENJAMIN NISEBAUM, ESQ. SB: 222173
LAW OFFICES OF JOHN L. BURRIS
Airport Corporate Centre
7677 Oakport Street, Suite 1120
Oakland, CA 94621-1939
Tel: [phone]
Fax: [phone]
E/M: [e-mail]
Attorneys for Alberto Arambula

RICHARD DOYLE, City Attorney (88625)
NORA FRIMANN, Assistant City Attorney (93249)
RANDOLPH S. HOM, Senior Deputy City Attorney (152833)
Office of the City Attorney
200 East Santa Clara Street, 16th Floor
San José, California 95113-1905
Telephone Number: [phone]
Facsimile Number: [phone]
E-Mail Address: [e-mail]

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Attorneys for Defendants
RYAN KIMBER and MATTHEW HAYWARD

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
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ALBERTO ARAMBULA, an individual,

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Plaintiff,
vs.

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RYAN KIMBER, an individual;
MATTHEW HAYWARD, an individual
and DOES 1-50, inclusive; individually
and in their capacities as law enforcement
agents and/or personnel for the SAN JOSE
POLICE DEPARTMENT,

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Case: 13-cv-05697-JST
STIPULATION AND PROPOSED ORDER
FOR EXTENSION OF TIME TO
COMPLETE SETTLEMENT
CONFERENCE AND AMENDED
SCHEDULING ORDER

Defendants.

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STIPULATION AND PROPOSED ORDER FOR EXTENSION OF TIME TO COMPLETE
SETTLEMENT CONFERENCE AND AMENDED SCHEDULING ORDER

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STIPULATION

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All parties to this action stipulate and agree, by and through their respective
counsel, as follows:

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1. On May 14, 2014, the parties in this matter appeared before the Court during an initial

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Case Management Conference. The parties were referred to Magistrate Judge Beeler

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for a settlement conference to be completed by August 15, 2014;

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2. On May 19, 2014, Judge Beeler notified the parties that a Settlement Conference was

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scheduled for September 16, 2014;
3. Presently, Plaintiff’s counsel Benjamin Nisenbaum and John L. Burris are unavailable

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for Settlement Conference currently scheduled for September 16, 2014 due to

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scheduling conflicts. Plaintiff’s counsel are currently engaged in Trial before the

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Honorable Jeffrey S. White in the matter or Espinosa, et al. v. City and County of San

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Francisco, et al. 4:06-cv-04686 JSW. The Trial is expected to last six (6) weeks;

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4. In anticipation of the Settlement Conference, to keep attorney fees at a minimum, the

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parties have not yet served written discovery on each other, which will, of course, not

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be responded to until at least 33 days after service. Also, counsel have not yet

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conducted any depositions in this case; and,

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5. Therefore, the parties request that this Court extend the time for completion of

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Settlement Conference from the presently scheduled date for completion, 08-15-14, to

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a date ninety (90) days from that date; the parties similarly request that the Court adjust

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the dates in its Scheduling Order dated June 3, 2014 such that all dates for completion

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STIPULATION AND PROPOSED ORDER FOR EXTENSION OF TIME TO COMPLETE
SETTLEMENT CONFERENCE AND AMENDED SCHEDULING ORDER

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are extended by ninety (90) days including but not limited to dates relating to fact
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discovery, expert disclosure and discovery, dispositive motions, and jury trial.

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Respectfully submitted,

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LAW OFFICES OF JOHN L. BURRIS

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Dated: September 8, 2014
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/s/ Benjamin Nisenbaum
John L. Burris, Esq.
Benjamin Nisenbaum, Esq.
Attorneys for Plaintiff Alberto Arambula

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RICHARD DOYLE, City Attorney
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Dated: September 9, 2014

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/s/ Randolph S. Hom
RANDOLPH S. HOM, Senior Deputy City
Attorney
Attorneys for Defendants
RYAN KIMBER and MATTHEW HAYWARD

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(PROPOSED) ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
S DISTRICT
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NO

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Dated: September 11, 2014

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D
RDERE
S SO O
IT I
_____________________________
HONORABLE JON S. TIGAR
ar
UNITED STATES DISTRICTgCOURT
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ORDER

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STIPULATION AND PROPOSED ORDER FOR EXTENSION OF TIME TO F C
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SETTLEMENT CONFERENCE AND AMENDED SCHEDULING ORDERO
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