Greer v. City of Hayward et al

Filing 49

STIPULATION AND ORDER To Continue Discovery Deadlines, Trial date, and corresponding dates. Discovery Cut-off: 9/30/2016. Dispositive Motions to be heard by 12/7/2016. Pretrial Conference set for 3/13/2017 02:30 PM and Jury Trial set for 4/10/2017 08:30 AM in Courtroom 12, 19th Floor, San Francisco before Hon. William H. Orrick. Signed by Judge William H. Orrick on 07/16/2016. (tmiS, COURT STAFF) (Filed on 7/18/2016)

1
2
3

MATTHEW D. HALEY (Bar No. 104493)
THE HALEY LAW OFFICES
1633 San Pablo Avenue
Oakland, CA 94612
Telephone: [phone]

4
Attorneys for Plaintiff JOSEPH JAMES GREER

5
6
7
8
9
10
11
12
13
14
15

OWEN T. ROONEY, ESQ. (Bar No. 127830)
GILBERT KELLEY CROWLEY & JENNETT LLP
44 Montgomery Street, Suite 2080
San Francisco, CA 94104
Tel: [phone]
Attorneys for Defendant
BAY AREA RAPID TRANSIT, et al.
JEFFREY M. VUCINICH, ESQ (#67906)
CLAPP, MORONEY, VUCINICH, BEEMAN and SCHELEY
1111 Bayhill Drive, Suite 300
San Bruno, CA 94066
Tel: [phone]
Attorneys for Defendant
CITY OF HAYWARD, et al.

16
17

UNITED STATES DISTRICT COURT

18

NORTHERN DISTRICT OF CALIFORNIA

19
20

JOSEPH JAMES GREER

21

CASE NO. 3:15-cv-02307-WHO
TRIAL: January 9, 2017

Plaintiff,

22

v.

23

CITY OF HAYWARD; BAY AREA
RAPID TRANSIT DISTRICT; et al.;

STIPULATION REQUESTING A
CONTINUANCE OF DISCOVERY
DEADLINES, DISPOSITIVE MOTION
DATE, TRIAL DATE, AND
MEDIATION DEADLINE; ORDER

24
Defendants.

25
26
27
28

1
STIPULATION REQUESTING A CONTINUANCE OF DISCOVERY DEADLINES,
DISPOSITIVE MOTION DATE, AND TRIAL DATE; [PROPOSED] ORDER

e

1
2

Plaintiff JOSEPH JAMES GREER, and Defendants CITY OF HAYWARD, et al., and
BAY AREA RAPID TRANSIT DISTRICT, et al., hereby stipulate as follows:

3
4

The parties respectfully request that the Court continue the discovery deadlines,
dispositive motion hearing date, trial date, and other corresponding dates currently set as follows:

5
6

Fact Discovery Deadline
Expert Disclosure

August 19, 2016

Expert Discovery Deadline

September 2, 2016

Dispositive Motions heard by

October 5, 2016

Pretrial Conference

December 12, 2016 at 2:30 p.m.

Trial Date

8

July 29, 2016

Expert Rebuttal

7

July 29, 2016

January 9, 2017 at 8:30 a.m. by Jury

9
10
11
12
13
14
To the following dates, or any other dates convenient for the Court:

15
16

Fact Discovery Deadline

23

February 20, 2017 at 2:30 p.m.

Trial Date

22

December 7, 2016

Pretrial Conference

21

November 4, 2016

Dispositive Motions heard by

20

October 19, 2016

Expert Discovery Deadline

19

September 30, 2016

Expert Rebuttal

18

September 30, 2016

Expert Disclosure

17

March 21, 2017 at 8:30 a.m. by Jury

24
Good cause exists for such request, namely that the parties request an additional month to

25
26

conduct fact and expert discovery due to the unavailability of certain witnesses – including

27
28

2
STIPULATION REQUESTING A CONTINUANCE OF DISCOVERY DEADLINES,
DISPOSITIVE MOTION DATE, AND TRIAL DATE; [PROPOSED] ORDER

e

1
2
3
4
5

officers involved in the stop leading to the claims before the Court – and the unavailability of
counsel, Clapp, Moroney, Vucinich, Beeman and Scheley, who are conducting two trials during
the month of July. Such a brief continuance would necessitate the continuance of the dispositive
motions hearing deadline, which, in turn, requires a continuance of the pretrial conference and
trial date.

6
7

The parties have not previously requested a continuance of the discovery deadlines,
dispositive motion hearing date, or trial date.

8
9
10

Additionally, the parties request that the mediation deadline for completion of ADR in
this matter be extended to December 15, 2016. The parties will coordinate with Roxane Ashe of
the Ninth Circuit Mediation Program to schedule and complete mediation prior to that date.

11
12

The parties respectfully request that the Court approve this stipulation and incorporate its
terms in an Order.

13
14
THE HALEY LAW OFFICES

15
16

DATED: July 13, 2016

17
18

GILBERT KELLEY CROWLEY & JENNETT
LLP

19
20

/s/ Matthew D. Haley ____________
MATTHEW D. HALEY
Attorney for Plaintiffs

DATED: July 13, 2016

21

/s/ Owen T. Rooney __________
OWEN T. ROONEY
Attorney for Defendants BART, et al.

22
CLAPP, MORONEY, VUCINICH, BEEMAN and
SCHELEY

23
24

DATED: July 13, 2016

25
26
27
28

/s/ Kaylen Kadotani __________
KAYLEN KADOTANI
JEFFREY M. VUCINICH
Attorney for Defendants CITY OF HAYWARD, et
al.

3
STIPULATION REQUESTING A CONTINUANCE OF DISCOVERY DEADLINES,
DISPOSITIVE MOTION DATE, AND TRIAL DATE; [PROPOSED] ORDER

e

ORDER

1
2

PURSUANT TO STIPULATION, as modified below, IT IS ORDERED that the

3

discovery deadlines, dispositive motion hearing date, trial date, and corresponding deadlines are

4

hereby continued as follows:

5
Fact Discovery Deadline

September 30, 2016

Expert Disclosure

September 30, 2016

Expert Rebuttal

October 19, 2016

Expert Discovery Deadline

November 4, 2016

Dispositive Motions heard by

December 7, 2016

Pretrial Conference

March 13, 2017 at 2:30 p.m.

Trial Date

April 10, 2017 at 8:30 a.m. by Jury

6
7
8
9
10
11
12
13
IT IS FURTHER ORDERED that the deadline for completion of ADR in this matter is

14
15

extended to December 15, 2016.
IT SO ORDERED.

16
17
18

Dated: July 16, 2016

_________________________________
WILLIAM H. ORRICK
United States District Judge

19
20
21
22
23
24
25
26
27
28

4
STIPULATION REQUESTING A CONTINUANCE OF DISCOVERY DEADLINES,
DISPOSITIVE MOTION DATE, AND TRIAL DATE; [PROPOSED] ORDER

e