Estate of Amilcar Perez Lopez et al v. Suhr et al

Filing 12

ORDER by Judge Haywood S. Gilliam, Jr. Granting 11 Stipulation Waiving Service of Summons, Extending Time to Respond to Complaint, Continuing Case Mgt Conference. (ndrS, COURT STAFF) (Filed on 6/24/2015)

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DENNIS J. HERRERA, City Attorney
CHERYL ADAMS, State Bar #164194
Chief Trial Deputy
PETER J. KEITH, State Bar #206482
Deputy City Attorney
1390 Market Street, 6th Floor
San Francisco, California 94102-5408
Telephone:
[phone]
Facsimile:
[phone]
E-Mail:
[e-mail]
Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO (including
SAN FRANCISCO POLICE DEPARTMENT),
GREG SUHR, CRAIG TIFFE, and ERIC REBOLI
ARNOLDO CASILLAS, ESQ., State Bar #158519
DENISSE O. GASTÉLUM, ESQ., State Bar #282771
CASILLAS, MORENO & ASSOCIATES
3500 W. Beverly Blvd.
Montebello, CA 90640
Telephone:
[phone]
Facsimile:
[phone]
E-Mail:
[e-mail]
(Additional Counsel for Plaintiffs on following page)
Attorneys for Plaintiffs
ESTATE OF AMILCAR PEREZ LOPEZ, JUAN PEREZ,
MARGARITA LOPEZ PEREZ

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ESTATE OF AMILCAR PEREZ LOPEZ, by
and through successors in interest, JUAN
PEREZ and MARGARITA LOPEZ PEREZ;
JUAN PEREZ, individually; MARGARITA
LOPEZ PEREZ, individually,

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Plaintiffs,

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vs.

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CHIEF OF POLICE GREG SUHR; CITY
AND COUNTY OF SAN FRANCISCO; SAN
FRANCISCO POLICE DEPARTMENT;
OFFICER CRAIG TIFFE (Badge No. 1312);
OFFICER ERIC REBOLI (Badge No. 1651),
and DOES 1 to 10,

Case No. CV15-01846-HSG
STIPULATION WAIVING SERVICE OF
SUMMONS, EXTENDING TIME TO
RESPOND TO COMPLAINT, AND
CONTINUING INITIAL CASE
MANAGEMENT CONFERENCE FROM JULY
21, 2015 TO SEPTEMBER 8, 2015;
DECLARATION IN SUPPORT;
ORDER
Judge:
Place:

Hon. Haywood S. Gilliam
450 Golden Gate Avenue
Courtroom 15 - 18th
San Francisco, CA

Defendants.

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Stip Re Time to Respond to Complaint & Cont. CMC
CASE NO. CV-15-01846 HSG

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Additional Counsel for Plaintiffs:

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JONATHAN D. MELROD, ESQ., State Bar #136441
1313 Scheibel Lane
Sebastopol, CA 954 72
Telephone:
[phone]
E-Mail:
[e-mail]

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WILLIAM M. SIMPICH, JR., ESQ., State Bar #106672
1736 Franklin Street, 10th Floor
Oakland, CA 94612
Telephone:
[phone]
E-Mail:
[e-mail]

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Stip Re Time to Respond to Complaint & Cont. CMC
CASE NO. CV-15-01846 HSG

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STIPULATION

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The parties to this action, Plaintiffs ESTATE OF AMILCAR PEREZ LOPEZ, JUAN PEREZ,

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MARGARITA LOPEZ PEREZ and Defendants GREG SUHR, CITY AND COUNTY OF SAN

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FRANCISCO (also sued as SAN FRANCISCO POLICE DEPARTMENT), CRAIG TIFFE, and ERIC

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REBOLI, through their respective counsel, stipulate as follows:

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1.

Waiver of service of summons by all unserved defendants. Defendants CRAIG

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TIFFE and ERIC REBOLI waive service of summons pursuant to Federal Rule of Civil Procedure,

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Rule 4(d), as if the request for waiver were mailed on June 18, 2015, such that the due date for a

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response to the Complaint on behalf of each of them is due on August 17, 2015.

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2.

Extension of time to respond to Complaint for the previously served defendants, to

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August 17, 2015. Under Northern District Civil Local Rule No. 6-1, the time to file a response to the

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Complaint on behalf of defendants CITY AND COUNTY OF SAN FRANCISCO (also sued as the

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SAN FRANCISCO POLICE DEPARTMENT) and GREG SUHR is extended to and including August

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17, 2015. That is the same date that a response is due from the remaining defendants (CRAIG TIFFE

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and ERIC REBOLI), who have agreed to waive service of summons. This extension will not alter any

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event or deadline already fixed by Court order and it does not involve papers required to be filed or

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lodged with the Court other than an initial response to the Complaint; however, as discussed below,

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the parties have made a stipulated request to continue the case management conference for reasons that

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include permitting the served defendants, as well as the defendants who have agreed to waive service

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of summons, sufficient time to respond to the Complaint.

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3.

Continuance of initial case management conference to September 8, 2015, at 2:00

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p.m. The current initial case management conference is set for July 21, 2015. The parties request an

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order continuing the initial case management conference to Tuesday September 8, 2015, at 2:00 p.m.,

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and likewise continuing the pre-case management conference deadlines based on the new case

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management conference date. Good cause exists for this extension as follows: (1) defense counsel

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will be on a pre-planned, prepaid vacation on the currently set date of July 21; and further, (2) the

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requested extension will allow all parties to appear in this action and will allow counsel sufficient

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Stip Re Time to Respond to Complaint & Cont. CMC
CASE NO. CV-15-01846 HSG

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time to meet and confer on the matters specified by the Federal Rules, Local Rules, and Standing

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Orders. There have been no previous requests for a continuance.

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The parties respectfully request that the above stipulation be entered as the Court’s Order.

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IT IS SO STIPULATED.

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Dated: June 23, 2015

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DENNIS J. HERRERA
City Attorney
CHERYL ADAMS
Chief Trial Deputy
PETER J. KEITH
Deputy City Attorney

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By: /s/ Peter J. Keith
PETER J. KEITH

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Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO (including
SAN FRANCISCO POLICE DEPARTMENT),
GREG SUHR, CRAIG TIFFE, AND ERIC REBOLI

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Dated: June 23, 2015

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CASILLAS, MORENO & ASSOCIATES

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By: ** /s/ Arnoldo Casillas
ARNOLDO CASILLAS, ESQ.

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Attorneys for Plaintiffs
ESTATE OF AMILCAR PEREZ LOPEZ, JUAN
PEREZ, MARGARITA LOPEZ PEREZ
**Pursuant to Civil L.R. 5-1(i)(3), the electronic
signatory has obtained approval from this signatory.

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DECLARATION IN SUPPORT OF STIPULATED REQUEST FOR SCHEDULING ORDER

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I, Peter J. Keith declare as follows:

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1.

I am a Deputy City Attorney in the Office of the San Francisco City Attorney, counsel

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of record to Defendants GREG SUHR, CITY AND COUNTY OF SAN FRANCISCO (also sued as

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SAN FRANCISCO POLICE DEPARTMENT), CRAIG TIFFE, and ERIC REBOLI. I have personal

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Stip Re Time to Respond to Complaint & Cont. CMC
CASE NO. CV-15-01846 HSG

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knowledge of the contents of this declaration, except where indicated otherwise, and I could and

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would testify competently thereto if called upon to do so.

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2.

Good cause for continuance of case management conference. I have a pre-planned,

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prepaid vacation on the currently scheduled date of July 21. This vacation was scheduled and paid for

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before any defendants were served. In addition, an extension is sought until September 8, 2015 to

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allow all parties to appear in this action and to allow counsel sufficient time to meet and confer on the

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matters specified by the Federal Rules, Local Rules, and Standing Orders.

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3.

Previous time modifications. No previous time modifications have been requested.

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4.

Effect of the proposed schedule on the schedule for the case. The proposed schedule

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will result in postponement of the initial case management conference and the dates associated with it,

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but counsel do not expect the extension to affect the parties’ requested deadlines for discovery,

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motions, trial, or other matters. In addition, the parties have alreadly worked together to eliminate

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delay, as shown by the remaining unserved defendants’ agreement to waive service of summons so

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that all parties will be brought in to this action shortly.

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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 June 23, 2015 at San Francisco, California.
/s/ Peter J. Keith
PETER J. KEITH

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ORDER

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PURSUANT TO STIPULATION AND GOOD CAUSE SHOWN,
IT IS SO ORDERED.

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Dated: 6/24/2015

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______________________________________
THE HONORABLE HAYWOOD S. GILLIAM, JR.
UNITED STATES DISTRICT JUDGE

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Stip Re Time to Respond to Complaint & Cont. CMC
CASE NO. CV-15-01846 HSG

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