Gino Emmerich v. City and County of San Francisco et al
Filing
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ORDER granting 8 STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE. Case Management Conference and related deadlines continued. Case Management Conference will be conducted 11/24/2015 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Case Management Statement due by 11/17/2015. It is further ordered, that Plaintiff is allowed to immediately issue a subpoena duces tecum pursuant to Rule 45 in order to obtain any recorded video or photographic footage of the July 27, 2014 incident. Signed by Judge William H. Orrick on 08/27/2015. (jmdS, COURT STAFF) (Filed on 8/27/2015)
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DENNIS J. HERRERA, State Bar #139669
City Attorney
CHERYL ADAMS, State Bar #164194
Chief Trial Attorney
DIANA ROSENSTEIN, State Bar #198740
Deputy City Attorney
Fox Plaza
1390 Market Street, Sixth Floor
San Francisco, California 94102-5408
Telephone: (415) 554-3933
Facsimile:
(415) 554-3837
E-Mail:
diana.rosenstein@sfgov.org
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Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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GINO EMMERICH,
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Plaintiff,
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vs.
Case No. 15 cv-02914-WHO
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STIPULATION TO CONTINUE INITIAL
CASE MANAGEMENT
CONFERENCE; ORDER
CITY AND COUNTY OF SAN
FRANCISCO, OFFICER DOE #1, OFFICER
DOE #2, OFFICER DOE #3, OFFICER DOE
#4,
Trial Date:
Not Set
Defendants.
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The parties have met and conferred, and through undersigned counsel, stipulate and agree to
extend the dates set in the Court’s Order Setting Initial Case Management Conference and ADR
Deadlines as follows:
1. Last day to meet and confer regarding initial disclosures, early settlement, ADR process
selection, and discovery plan be extended to November 3, 2015.
2. Last day to file ADR Certification signed by Parties and Counsel be extended to November 3,
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2015.
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STIP TO CONT. INITIAL CMC
CASE NO. 15-cv-02914-WHO
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3. Last day to file either a Stipulation to ADR Process or Notice of Need for ADR Phone
Conference be extended to November 3, 2015.
4. Last day to file Rule 26 (f) Report, complete initial disclosures or state objection in Rule 26(f)
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Report and file Case Management Statement per Standing Order regarding Contents of Joint
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Case Management Statement be extended to November 17, 2015.
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5. Date for Initial Case Management Conference be extended to November 24, 2015.
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In addition, Defendants agree that Plaintiff can immediately send a subpoena duces tecum
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pursuant to Rule 45 to ESPN to obtain any recorded video or photographic footage of the July 27,
2014 incident so as to ensure critical evidence is not destroyed.
Dated: August ___, 2015
DENNIS J. HERRERA
City Attorney
CHERYL ADAMS
Chief Trial Deputy
DIANA ROSENSTEIN
Deputy City Attorney
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By:
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DIANA ROSENSTEIN
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Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO
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Dated: August ___, 2015
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By:________________________
MICHAEL MILLEN
Attorney for Plaintiff
GINO EMMERICH
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ORDER
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PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that the Initial Case
Management Conference and all other related deadlines be continued as outlined above.
It is further ordered, that Plaintiff is allowed to immediately issue a subpoena duces tecum
pursuant to Rule 45 in order to obtain any recorded video or photographic footage of the July 27, 2014
incident.
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Dated: August 27, 2015
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_____
HONORABLE WILLIAM H. ORRICK
UNITED STATES DISTRICT JUDGE
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PROOF OF SERVICE
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I, AMELIA WONG, declare as follows:
I am a citizen of the United States, over the age of eighteen years and not a party to the aboveentitled action. I am employed at the City Attorney’s Office of San Francisco, Fox Plaza Building,
1390 Market Street, Sixth Floor, San Francisco, CA 94102.
On August 27, 2015, I served the following document(s):
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NAME OF DOCUMENT
on the following persons at the locations specified:
Michael Millen
PARTY BEING SERVED
Attorney at Law
119 Calle Marguerita Ste. 100
Los Gatos, CA 95032
Telephone: (408) 871-0777
Fax: (408) 866-7480
mikemillen@al.com
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in the manner indicated below:
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BY UNITED STATES MAIL: Following ordinary business practices, I sealed true and correct copies of
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the above documents in addressed envelope(s) and placed them at my workplace for collection and mailing with
the United States Postal Service. I am readily familiar with the practices of the San Francisco City Attorney's
Office for collecting and processing mail. In the ordinary course of business, the sealed envelope(s) that I placed
for collection would be deposited, postage prepaid, with the United States Postal Service that same day.
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BY PERSONAL SERVICE: I sealed true and correct copies of the above documents in addressed
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envelope(s) and caused such envelope(s) to be delivered by hand at the above locations by a professional
messenger service. A declaration from the messenger who made the delivery
is attached or
will be
filed separately with the court.
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BY OVERNIGHT DELIVERY: I sealed true and correct copies of the above documents in addressed
envelope(s) and placed them at my workplace for collection and delivery by overnight courier service. I am
readily familiar with the practices of the San Francisco City Attorney's Office for sending overnight deliveries. In
the ordinary course of business, the sealed envelope(s) that I placed for collection would be collected by a courier
the same day.
BY FACSIMILE: Based on a written agreement of the parties to accept service by fax, I transmitted true and
correct copies of the above document(s) via a facsimile machine at telephone number Fax # to the persons and the
fax numbers listed above. The fax transmission was reported as complete and without error. The transmission
report was properly issued by the transmitting facsimile machine, and a copy of the transmission report
is
attached or
will be filed separately with the court.
I declare under penalty of perjury pursuant to the laws of the State of California that the
foregoing is true and correct.
Executed August 27, 2015, at San Francisco, California.
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AMELIA WONG
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STIP TO CONT. INITIAL CMC
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