Hernandez v. Pereira et al

Filing 44

STIPULATION AND ORDER re 43 STIPULATION WITH PROPOSED ORDER Setting Case Management Schedule and Selecting ADR Process - filed by Daniel Hernandez. Fact discovery cut-off 2/13/2017. Expert disclosures deadline 3/6/2017. Expert reb uttal deadline 3/27/2017. Expert discovery cut-off 4/17/2017. Dispositive motions due 5/8/2017. Pretrial Conference statements due 7/3/2017. Pretrial Conference set for 7/21/2017 at 2:00 PM in Courtroom 2, 4th Floor, Oakland. Jury Trial set for 8/14/2017 - 8/24/2017 at 8:30 AM in Courtroom 9, 19th Floor, San Francisco before Hon. Jon S. Tigar. Signed by Judge Jon S. Tigar on October 3, 2016. (wsn, COURT STAFF) (Filed on 10/3/2016)

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VINSON & ELKINS LLP
Mortimer H. Hartwell, Bar No. 154556
[e-mail]
Vincent Barredo, Bar No. 275518
[e-mail]
555 Mission Street, Suite 2000
San Francisco, CA 94105-0923
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiff
Daniel Hernandez

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DANIEL HERNANDEZ,

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Case No. 3:15-cv-00796

Plaintiff,

STIPULATION AND [PROPOSED]
ORDER SETTING CASE
MANAGEMENT SCHEDULE AND
SELECTING ADR PROCESS

vs.
FRANK PEREIRA, et al.,

Judge:
Dept.:

Defendants.

Hon. Jon S. Tigar
Courtroom 9, 19th Floor

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Pursuant to Civil Local Rule 6-2, Plaintiff Daniel Hernandez (“Plaintiff”) and Defendant

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City and County of San Francisco (“Defendant,” and jointly with Plaintiff, the “Parties”), through

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their respective counsel of record herein, hereby agree and stipulate to the following:

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STIPULATION AND [PROPOSED] ORDER SETTING CASE MANAGEMENT SCHEDULE AND SELECTING
ADR PROCESS

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STIPULATION
WHEREAS, the Parties previously stipulated on June 22, 2015, to the ADR process of
Mediation to be completed after the hearing on dispositive motions (dkt. no. 11);
WHEREAS, Plaintiff’s counsel filed a Motion to Withdraw (dkt. no. 23), and it was
granted by the Court on October 14, 2015 (dkt. no. 25);

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WHEREAS, Plaintiff appeared pro per at the Court’s Initial Case Management

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Conference held on February 10, 2016 (dkt. no. 30), and the Further Case Management

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Conference on March 9, 2016 (dkt. no. 33) and filed a Case Management Statement on his own

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behalf (dkt. no. 32);

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WHEREAS, the Court’s scheduling order entered on March 25, 2016, set the following

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deadlines: (1) deadline to add parties or amend the pleadings was March 8, 2016; (2) fact

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discovery cut-off was September 30, 2016; (3) expert disclosures were due October 21, 2016; (4)

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expert rebuttal deadline was November 11, 2016; (5) expert discovery cut-off was December 2,

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2016; (6) deadline to file dispositive motions was December 23, 2016; (7) pretrial conference

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statement was due March 14, 2017; (8) pretrial conference was set for March 24, 2017; and (9)

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jury trial was set for April 17, 2017;

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WHEREAS, the case was reassigned to Defendant’s undersigned counsel, Ms. Renée
Erickson, on March 29, 2016 (dkt. no. 35);
WHEREAS, Plaintiff filed a Motion to Appoint Counsel for Limited Scope

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Representation (dkt. no. 36), and the Court referred this matter to the Federal Pro Bono Project

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for appointment of counsel for the purposes of a Settlement Conference (dkt. no. 38);

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WHEREAS, on June 13, 2016, the Court appointed Plaintiff’s undersigned counsel for the

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limited scope of representing Plaintiff at Settlement Conference and stayed the case for four

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weeks (dkt. no. 39);

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WHEREAS, the Parties and their counsel met and conferred, and agreed to participate in a
Settlement Conference prior to the filing of dispositive motions;
WHEREAS, the Parties filed a Notice of Need for ADR Phone Conference (dkt. no. 41)
and held a phone conference with Mr. Howard Herman, Director of ADR Program, on September
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STIPULATION AND [PROPOSED] ORDER SETTING CASE MANAGEMENT SCHEDULE AND SELECTING
ADR PROCESS

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26, 2016, and discussed the Parties’ interest in participating in a Settlement Conference with a

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Magistrate Judge prior to dispositive motions, instead of Mediation after the hearing on

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dispositive motions;

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WHEREAS, during that phone conference, the Parties were informed of the 60 to 90 days
that it takes to get a Settlement Conference on a Magistrate Judge’s calendar;
WHEREAS, the Parties determined that the trial date and case management schedule

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should be moved to accommodate the time needed to participate in a Settlement Conference and

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potentially resolve this matter;

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WHEREAS, the Parties have met and conferred to establish a mutually agreeable,
modified case management schedule and trial date;
NOW, THEREFORE, the Parties hereby stipulate and jointly move the Court for the
following case management schedule and ADR process:

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1.

This matter shall be moved out of the Court’s Mediation program

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2.

Parties shall participate in a Settlement Conference with a Magistrate Judge

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3.

Fact discovery cut-off is February 13, 2017

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4.

Expert disclosures deadline is March 6, 2017

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5.

Expert rebuttal deadline is March 27, 2017

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6.

Expert discovery cut-off is April 17, 2017

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7.

Parties shall file dispositive motions by May 8, 2017

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8.

Parties shall file pretrial conference statements by July 3, 2017

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9.

Pretrial conference shall be July 21, 2017

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10.

Jury trial shall be set for August 14, 2017

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STIPULATION AND [PROPOSED] ORDER SETTING CASE MANAGEMENT SCHEDULE AND SELECTING
ADR PROCESS

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Dated: September 30, 2016

VINSON & ELKINS LLP

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By:

/s/
MORTIMER H. HARTWELL
Attorneys for Plaintiff, Daniel
Hernandez

By:

/s/
VINCENT BARREDO
Attorneys for Plaintiff, Daniel
Hernandez

By:

/s/
DANIEL HERNANDEZ
Plaintiff

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Dated: September 30, 2016

OFFICE OF THE CITY ATTORNEY

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By:

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/s/
RENÉE ERICKSON
Attorneys for Defendant, City and
County of San Francisco

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STIPULATION AND [PROPOSED] ORDER SETTING CASE MANAGEMENT SCHEDULE AND SELECTING
ADR PROCESS

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DECLARATION OF VINCENT BARREDO

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I, Vincent Barredo, hereby declare as follows:

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1.

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I am an associate with the law firm of Vinson & Elkins LLP, attorneys of record

for Plaintiff Daniel Hernandez (“Plaintiff”) in this action.
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I am licensed to practice law before the courts of the State of California and before

this Court.
3.

I make this declaration in support of the Parties’ Stipulation Setting Case

Management Schedule and Selecting ADR Process.
4.

I have personal knowledge of the matters set forth herein and, if called as a witness

to testify as to such matters, I could and would testify competently thereto.
5.

The Parties previously stipulated on June 22, 2015, to the ADR process of

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Mediation to be completed after the hearing on dispositive motions. Plaintiff’s counsel withdrew

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on October 14, 2015, and a case management schedule was set while Plaintiff was representing

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himself pro per.

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6.

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I was appointed on June 13, 2015, as Plaintiff’s counsel, for the limited purpose of

representation at a Settlement Conference.
7.

The Parties and their counsel met and conferred, and agreed to participate in a

Settlement Conference prior to the filing of dispositive motions.
8.

The Parties held a phone conference with Mr. Howard Herman, Director of ADR

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Program, on September 26, 2016, and discussed the Parties’ interest in participating in a

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Settlement Conference with a Magistrate Judge prior to filing dispositive motions, instead of

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Mediation after the hearing on dispositive motions. The Parties also discussed the 60 to 90 days

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that it takes to get a Settlement Conference on a Magistrate Judge’s calendar.

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9.

The Parties determined that the trial date and case management schedule should be

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moved to accommodate the time needed to participate in a Settlement Conference and potentially

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resolve this matter.

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10.

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The Parties have met and conferred to establish a mutually agreeable modified

case management schedule and trial date.
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STIPULATION AND [PROPOSED] ORDER SETTING CASE MANAGEMENT SCHEDULE AND SELECTING
ADR PROCESS

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I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
Executed on this 30th day of September, 2016, in San Francisco, California.

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/s/
VINCENT BARREDO

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STIPULATION AND [PROPOSED] ORDER SETTING CASE MANAGEMENT SCHEDULE AND SELECTING
ADR PROCESS

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FILER’S ATTESTATION
I, Vincent Barredo, am the ECF user whose identification and password are being used to

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file this Stipulation and [Proposed] Order Setting Case Management Schedule and Selecting ADR

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Process. Pursuant to L.R. 5-1(i)(3), I hereby attest that concurrence in the electronic filing of this

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document has been obtained from each of the other signatories.

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VINSON & ELKINS LLP

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By: /s/
___________________
VINCENT BARREDO

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STIPULATION AND [PROPOSED] ORDER SETTING CASE MANAGEMENT SCHEDULE AND SELECTING
ADR PROCESS

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ORDER

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Pursuant to the Stipulation between the Parties, it is hereby ORDERED that:

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1.

This matter shall be moved out of the Court’s Mediation program

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2.

Parties shall participate in a Settlement Conference before a Magistrate Judge

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3.

Fact discovery cut-off is February 13, 2017

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4.

Expert disclosures deadline is March 6, 2017

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5.

Expert rebuttal deadline is March 27, 2017

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6.

Expert discovery cut-off is April 17, 2017

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7.

Parties shall file dispositive motions by May 8, 2017

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8.

Parties shall file pretrial conference statements by July 3, 2017

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Pretrial conference shall be July 21, 2017

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Jury trial shall be set for August 14, 2017

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IT IS SO ORDERED.
Dated: October 3, 2016

________________________________
Hon. Jon S. Tigar

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STIPULATION AND [PROPOSED] ORDER SETTING CASE MANAGEMENT SCHEDULE AND SELECTING
ADR PROCESS