Biedma v. Clark et al

Filing 75

STIPULATION AND ORDER Re Case Management. Signed by Judge Richard Seeborg on 1/25/16. (cl, COURT STAFF) (Filed on 1/25/2016)

1
2
3
4
5

CAROLINE L. FOWLER, City Attorney (SBN 110313)
ROBERT L. JACKSON, Assistant City Attorney (SBN 101770)
City of Santa Rosa
100 Santa Rosa Avenue, Room 8
Santa Rosa, California 95404
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants City of Santa Rosa
and Michael Clark

6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
11

KYLE DAVID BIEDMA,

12

Plaintiff,

13
14
15

Case No. C 14-02853 RS
STIPULATION AND ORDER RE
CASE MANAGEMENT

v.
MICHAEL CLARK, an individual; CITY OF
SANTA ROSA, a municipal entity; and
DOES 1 through 20, inclusive,

16

Defendants.
/

Trial Date: 2/29/16
Judge: The Hon. Richard Seeborg

17
18
19

This Joint Stipulation to Modify the Court’s Case Management Scheduling Order is

20

submitted by all parties to this action. Said parties respectfully request that the Court modify its Case

21

Management Scheduling Order of May 14, 2015 to provide for a new date for exchange and filing

22

of a Joint Pre-trial Statement, motions in limine, proposed voir dire questions, and jury instructions.

23

RECITALS

24

A.

On May 14, 2015, the Court issued its Case Management Scheduling Order

25

providing for a trial date of February 29, 2016. In that Order the Court set a Pretrial

26

Conference for February 11, 2016.

27
28

B.

As per the Court’s “GUIDELINES FOR FINAL PRETRIAL CONFERENCE IN
JURY CASES”, the parties are currently required to exchange exhibits, lodge with

Stipulation and Order Re Case Management

1

Case No. C 14-02853 RS

1

the court a Joint Pretrial Statement, file and serve motions in limine on or before

2

Monday February 1, 2016, and to file proposed voir dire questions, jury instructions,

3

verdict forms and oppositions to motions in limine on or before Friday, February 5,

4

2016.

5

C.

On January 21, 2016, the Court referred this matter for a Mandatory Settlement

6

Conference before Magistrate Jacqueline Scott Corley. That Mandatory Settlement

7

Conference is now scheduled for Monday, February 1, 2016.

8

D.

9

The parties intend to engage in good faith settlement discussions and are optimistic
that, with Magistrate Corley’s assistance, this matter may be resolved by way of

10

settlement.

11

E.

With the Court’s permission, the parties respectfully request that the pretrial

12

deadlines set forth in the Court’s initial Case Management Scheduling Order and the

13

Court’s Standing Order and Guidelines be extended for a short period of time after

14

the Mandatory Settlement Conference, but in advance of the Pretrial Conference so

15

that the parties may devote their time and attention to efforts to resolve the case and

16

avoid incurring the time and expense of pretrial preparation if, in fact, a settlement

17

can be reached.

18

NOW THEREFORE, the parties respectfully stipulate and request that the Court order that

19

(1)

the last day for the parties to exchange exhibits, lodge with the court a Joint Pretrial

20

Statement, file and serve motions in limine shall be continued from February 1, 2016

21

until February 4, 2016;

22

(2)

the last day for filing proposed voir dire questions, jury instructions, verdict forms

23

and oppositions to motions in limine be continued from Friday, February 5, 2016

24

until Tuesday, February 9, 2016.

25

(3)

26

//

27

//

28

the Pretrial Conference shall remain as scheduled on February 11, 2016 and all other

//

Stipulation and Order Re Case Management

2

Case No. C 14-02853 RS

1

pretrial deadlines shall remain in place.

2
3

DATED: January 21, 2016

______/s/___________________________
REX GRADY
Attorney for Plaintiff Kyle David Biedma

DATED: January 21, 2016

______/s/___________________________
ROBERT L. JACKSON
Assistant City Attorney
Attorney for Defendants City of Santa
Rosa and Michael Clark

4
5
6
7
8
9
10
11

IT IS SO ORDERED.

12
13

DATED: _______________________
1/25/16

14

__________________________________
The Honorable Richard Seeborg
United States District Court Judge

15
16
17
18
19
20
21
22
23
24
25
26
27
28

Stipulation and Order Re Case Management

3

Case No. C 14-02853 RS