Cavness v. Mirkarimi et al

Filing 188

STIPULATION AND MODIFIED ORDER REGARDING PRETRIAL AND TRIAL SCHEDULING filed by Michael Cavness. Pretrial Conference set for 2/26/2019 01:30 PM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Elizabeth D. Laporte. Signed by Judge Elizabeth D. Laporte on February 7, 2019. (mllS, COURT STAFF) (Filed on 2/7/2019)

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GIBSON, DUNN & CRUTCHER LLP
Lee Crain (pro hac vice)
[e-mail]
200 Park Avenue, 47th Floor
New York, New York 10166
Tel.: [phone]
Fax: [phone]
GIBSON, DUNN & CRUTCHER LLP
Rachel S. Brass (SBN 219301)
[e-mail]
Neema Jalali (SBN 245424)
[e-mail]
Stephen Henrick (SBN 310539)
555 Mission Street, Suite 3000
San Francisco, California 94105-2933
Tel.: [phone]
Fax: [phone]

OFFICE OF THE CITY ATTORNEY
James F. Hannawalt (SBN 139657)
[e-mail]
1390 Market Street
6th Floor
San Francisco, California 94102
Tel.: [phone] [Hannawalt]
Fax: [phone]
Attorneys for Defendant
Frank Winch

Attorneys for Plaintiff Michael Cavness

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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MICHAEL CAVNESS,
Plaintiff,
vs.

Case No. 3:14-cv-3403 EDL
STIPULATION AND MODIFIED [PROPOSED]
ORDER REGARDING PRETRIAL AND
TRIAL SCHEDULING

ROSS MIRKARIMI, ET AL.,
Trial Date:
Defendants.

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Stip and Order re Pretrial Filings Scheduling
Case No. 3:14-cv-3403 EDL

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March 11, 2019

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Pursuant to Civil L.R. 6-2, 7-12, the parties certify that they have in good faith conferred and
have agreed that good cause warrants entry of a stipulation and Court Order as follows.
RECITALS

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A.

WHEREAS the Court issued the governing Case Management Order on May 18, 2018

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(Dkt. No. 128), ordering that the pretrial conference in this action shall be held on February 19, 2019

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at 2:00 PM and that the trial in this action is set to commence on March 11, 2019 and shall not last

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more than 10 days;

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B.

WHEREAS the parties have been pursuing productive settlement discussions with the

assistance of the Honorable Jacqueline Scott Corley, the settlement judge for this action;
C.

WHEREAS given the difficulty that Plaintiff’s counsel has communicating with their

client at the prison in San Quentin, progress on settlement discussions has been slow to proceed;
D.

WHEREAS on Tuesday February 12, 2019, the two Gibson Dunn partners who are

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counsel of record for Plaintiff in this action plan to visit Plaintiff at San Quentin to have a fulsome
discussion about settlement;
D.

WHEREAS to facilitate settlement discussion, the Court continued the deadlines of

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previous pretrial filings in this action from January 30, 2019 to February 6, 2019, Order, Dkt No. 183;

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and from February 6, 2019 to February 8, 2019, Order, Dkt. No. 184;

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E.

WHEREAS the parties believe that trial in this action could be held over five days, not

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ten, and should the Court be concerned that a March 11 start date would be insufficient time to prepare
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for trial, the Court could potentially continue the trial start date.
The parties HEREBY STIPULATE, though their attorneys of record, to seek the entry of a
Court Order as follows:
1.

Pretrial filings in this action previously due on February 8, 2019 shall be due on or

before February 14, 2019;

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Stip and Order re Pretrial Filings Scheduling
Case No. 3:14-cv-3403 EDL

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2.

Objections and other responsive documents to pretrial filings shall be due on or before

February 21, 2019;

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3.

The Pretrial Conference in this action is continued to February 25, 2018; and

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4.

IT IS SO STIPULATED.

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Dated: February 7, 2019
DENNIS J. HERRERA
City Attorney
CHERYL ADAMS
Chief Trial Deputy
JAMES F. HANNAWALT
Deputy City Attorney

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By: /s/ James F. Hannawalt
JAMES F. HANNAWALT

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Attorneys for Defendant

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FRANK WINCH

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DATED: February 7, 2019

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GIBSON, DUNN & CRUTCHER LLP
Rachel S. Brass, SBN 219301
Neema Jalali (SBN 245424)
Stephen Henrick (SBN 310539)
Lee Crain, Pro Hac Vice

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By: /s/ Lee R. Crain
Lee R. Crain, pro hac vice

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Attorneys for Plaintiff MICHAEL CAVNESS
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Stip and Order re Pretrial Filings Scheduling
Case No. 3:14-cv-3403 EDL

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MODIFIED [PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED WITH THE FOLLOWING
MODIFICATION: The pretrial conference is set for February 26, 2019 at 1:30 p.m.

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Dated: February 7, 2019
ELIZABETH D. LAPORTE
United States District Magistrate Judge

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Stip and Order re Pretrial Filings Scheduling
Case No. 3:14-cv-3403 EDL

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