Gino Emmerich v. City and County of San Francisco et al

Filing 9

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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1 2 3 4 5 6 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 7 8 Attorneys for Defendant CITY AND COUNTY OF SAN FRANCISCO 9 10 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 GINO EMMERICH, 14 Plaintiff, 15 vs. Case No. 15 cv-02914-WHO 16 17 18 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. 19 20 21 22 23 24 25 26 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, 27 2015. 28 STIP TO CONT. INITIAL CMC CASE NO. 15-cv-02914-WHO 1 \\candsf\data\users\whoall\_cv\2015\2015_02914_gino_emmerich _v_city_and_county_of_san_francisco\15-cv-02914-whoproposed_order_to_continue_cmc.docx 1 2 3 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) 4 Report and file Case Management Statement per Standing Order regarding Contents of Joint 5 Case Management Statement be extended to November 17, 2015. 6 5. Date for Initial Case Management Conference be extended to November 24, 2015. 7 In addition, Defendants agree that Plaintiff can immediately send a subpoena duces tecum 8 9 10 11 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 12 13 14 15 16 By: 17 DIANA ROSENSTEIN 18 Attorneys for Defendant CITY AND COUNTY OF SAN FRANCISCO 19 Dated: August ___, 2015 20 21 By:________________________ MICHAEL MILLEN Attorney for Plaintiff GINO EMMERICH 22 23 24 25 26 27 28 STIP TO CONT. INITIAL CMC CASE NO. 15-cv-02914-WHO 2 \\candsf\data\users\whoall\_cv\2015\2015_02914_gino_emmerich _v_city_and_county_of_san_francisco\15-cv-02914-whoproposed_order_to_continue_cmc.docx ORDER 1 2 3 4 5 6 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. 7 Dated: August 27, 2015 8 9 _____ HONORABLE WILLIAM H. ORRICK UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIP TO CONT. INITIAL CMC CASE NO. 15-cv-02914-WHO 3 \\candsf\data\users\whoall\_cv\2015\2015_02914_gino_emmerich _v_city_and_county_of_san_francisco\15-cv-02914-whoproposed_order_to_continue_cmc.docx PROOF OF SERVICE 1 2 3 4 5 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): 10 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 11 in the manner indicated below: 6 7 8 9 12 BY UNITED STATES MAIL: Following ordinary business practices, I sealed true and correct copies of 14 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. 15 BY PERSONAL SERVICE: I sealed true and correct copies of the above documents in addressed 16 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. 13 17 18 19 20 21 22 23 24 25 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. 26 AMELIA WONG 27 28 STIP TO CONT. INITIAL CMC CASE NO. 15-cv-02914-WHO 4 \\candsf\data\users\whoall\_cv\2015\2015_02914_gino_emmerich _v_city_and_county_of_san_francisco\15-cv-02914-whoproposed_order_to_continue_cmc.docx

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