Naveed et al v. City of San Jose

Filing 41

STIPULATION AND ORDER TO CONTINUE DISCOVERY DEADLINES; ORDER AS MODIFIED re: 40 : Non-Expert Discovery Cut-Off due 3/31/2017; Expert Discovery Disclosure due 4/12/2017; Rebuttal Expert Disclosure due 4/26/2017; Expert Discovery Cutoff due 5/5/2017. Signed by Judge Elizabeth D. Laporte on 1/25/2017. (afmS, COURT STAFF) (Filed on 1/25/2017)

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Steven M. Berki, SBN 245426
BUSTAMANTE & GAGLIASSO, P.C.
River Park Towers
333 W. San Carlos St., 8th Floor,
San Jose, California 95110
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorney for Plaintiffs
RICHARD DOYLE, City Attorney (88625)
NORA FRIMANN, Assistant City Attorney (93249)
ARDELL JOHNSON, Chief Deputy City Attorney (95340)
ALAN R. LIPTON, Sr. Deputy City Attorney (95177)
CLIFFORD S. GREENBERG, Sr. Deputy City Attorney (122612)
Office of the City Attorney
200 East Santa Clara Street, 16th Floor
San José, California 95113-1905
Telephone Number: [phone]
Facsimile Number: [phone]
E-Mail Address: [e-mail]
Attorneys for Defendants, CITY OF SAN JOSE

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MOHAMMAD BADAR NAVEED, an
individual; HUMZA AHMAD, an individual,

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STIPULATION TO CONTINUE
DISCOVERY DEADLINES; ORDER
AS MODIFIED

Plaintiffs,

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Case Number: 15-cv-05298 EDL

v.
CITY OF SAN JOSE, a municipal
corporation; SAN JOSE POLICE
DEPARTMENT; Officer Jonathan Koenig
(4208), an individual; Officer Edgar Nava
(4204), an individual; Sgt. Doug Tran
(3269), an individual; Officer Elizabeth
Ornelas (4201), an individual; et al., and
DOES, inclusive,
Defendant(s).

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STIPULATION
The parties to this Stipulation agree and request as follows:
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STIPULATION TO CONTINUE DISCOVERY DEADLINES;
ORDER

Case Number: 15-cv-05298 EDL
15-cv-05298-edlorder_re_schedule.docx

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1. Due to medical issues on the part of Defendants’ counsel, the parties have not

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completed discovery in this case, and agree that this matter may benefit from further

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settlement discussions before completing discovery. A mediator has been appointed but

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said medical conditions also prevented the mediation from taking place. Another attorney

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for Defendants has been assigned to work on completing these issues.

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2. Currently, the fact discovery cutoff is set for February 14, 2017

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3. Expert disclosures are due March 7, 2017, with rebuttal disclosures due March

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21, 2017. Expert discovery closes April 25, 2017.

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4.

July 11, 2017 is the date set for trial in this matter.

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5.

As stated, the parties believe that mediation may prove beneficial, especially

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if conducted prior to the expense of completing discovery. Therefore, the parties request

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an extension of the discovery deadline until March 31, 2017, in order to give the parties

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time to set up and complete a mediation in early February.

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6. The parties request that the expert disclosure deadline be extended until April
28, 2017 and that rebuttal disclosures occur on May 19, 2017.
7. This extension will not affect the Trial date or Pretrial Conference dates, already
scheduled for July 11, 2017 and June 13, 2017, respectively.

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IT IS SO STIPULATED.
Dated: January 24, 2017

BUSTAMANTE & GAGLIASSO, P.C.

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/s/ Steven M. Berki, Esq.
Steven M. Berki

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Counsel for Plaintiffs

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Dated: January 25, 2017

RICHARD DOYLE, City Attorney

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By: /s/ Clifford S. Greenberg
CLIFFORD S. GREENBERG
Senior Deputy City Attorney
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STIPULATION TO CONTINUE DISCOVERY DEADLINES;
ORDER

Case Number: 15-cv-05298 EDL
15-cv-05298-edlorder_re_schedule.docx

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Attorneys for Defendants

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ORDER AS MODIFIED

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Pursuant to the foregoing stipulation of the Parties and good cause appearing

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therefore, the Court orders as follows:

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Event

Previous Date

New Date

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Non- Expert Discovery Cut-Off

February 14, 2017

March 31, 2017

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Expert Discovery Disclosure

March 7, 2017

April 12, 2017

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Rebuttal Expert Disclosure

March 21, 2017

April 26, 2017

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Expert Discovery Cutoff

April 25, 2017

May 5, 2017

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The parties have informed the Court that no motions for summary judgment
will be filed in this case. All other case deadlines remain the same.

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IT IS SO ORDERED.

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Dated: January 25, 2017

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ELIZABETH D. LAPORTE
United States Magistrate Judge

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STIPULATION TO CONTINUE DISCOVERY DEADLINES;
ORDER

Case Number: 15-cv-05298 EDL
15-cv-05298-edlorder_re_schedule.docx