Estate of Amilcar Perez Lopez et al v. Suhr et al
Filing
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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:
(415) 554-3908
Facsimile:
(415) 554-3837
E-Mail:
peter.keith@sfgov.org
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:
(323) 725-0917
Facsimile:
(323) 725-0350
E-Mail:
acasillas@morenolawoffices.com
(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:
(415) 806-0154
E-Mail:
jonathan4536@sbcglobal.net
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WILLIAM M. SIMPICH, JR., ESQ., State Bar #106672
1736 Franklin Street, 10th Floor
Oakland, CA 94612
Telephone:
(510) 444-0226
E-Mail:
bsimpich@gmail.com
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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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