Thissel et al v. Murphy et al

Filing 58

STIPULATION AND ORDER 57 EXTENDING THE DEADLINE FOR PARTIES TO PARTICIPATE IN EARLY NEUTRAL EVALUATION. Signed by Judge Richard Seeborg on 12/8/16. (cl, COURT STAFF) (Filed on 12/8/2016)

1
2
3
4
5
6
7
8

Christopher A. Callihan, City Attorney #203010
CITY OF SALINAS
OFFICE OF THE CITY ATTORNEY
200 Lincoln Avenue
Salinas, CA 93901
Telephone: [phone]
Facsimile: [phone]
Vincent P. Hurley #111215
Ryan Thompson #292281
LAW OFFICES OF VINCENT P. HURLEY
A Professional Corporation
28 Seascape Village
Aptos, California 95003
Telephone: [phone]
Facsimile: [phone]

9
10

Attorneys for Defendants
CITY OF SALINAS, CAMERON MURPHY,
MARK LAZZARINI, WILLIAM YETTER, and JEFF ARENSDORF

11
12

UNITED STATES DISTRICT COURT

13

FOR THE NORTHERN DISTRICT OF CALIFORNIA

14

SAN FRANCISCO DIVISION

15
16
17
18
19
20
21
22
23
24
25

)
)
)
)
)
Plaintiffs,
)
)
vs.
)
)
CAMERON MURPHY, an INDIVIDUAL and )
OFFICER, MARK LAZZARINI, an
)
INDIVIDUAL and OFFICER, WILLIAM
)
YETTER, an INDIVIDUAL and OFFICER,
)
JEFF ARENSDORF, an INDIVIDUAL, KELLY )
MCMILLIN in his OFFICIAL CAPACITY, the )
SALINAS POLICE DEPARTMENT, the CITY )
OF SALINAS and DOES 1-25,
)
)
Defendants.
)
)
JIHAN SHAWAR THISSEL, TONY LEE
MATHEWS JR., SIDNEY THISSEL and
JAMIE FRASIER and DOES 1-5

Case No. 15-CV-05937-RS
STIPULATION AND [PROPOSED]
ORDER EXTENDING THE
DEADLINE FOR PARTIES TO
PARTICIPATE IN EARLY
NEUTRAL EVALUATION

26
27
28
1
Stip. and [Proposed] Order re: Extension for ENE

Case No. 15-CV-05937-RS

1

WHEREAS, on March 9, 2016, on the stipulation of the parties, Honorable Judge Ronald

2

M. Whyte ordered that Early Neutral Evaluation be completed in the above-captioned matter

3

within 90 days from the date of the March 9, 2016 Order (Dkt. 18); and,

4
5
6
7

WHEREAS, given the Court’s March 9, 2016 Order (Dkt. 18), the deadline for the Early
Neutral Evaluation to be completed was calculated to be June 7, 2016; and,
WHEREAS, on June 2, 2016, on stipulation of the parties, Honorable Ronald M. Whyte
ordered the Early Neutral Evaluation date be extended to July 8, 2016 (Dkt. 34); and,

8

WHEREAS, on August 5, 2016, on stipulation of the parties, Honorable Ronald M.

9

Whyte ordered the Early Neutral Evaluation date be extended to September 27, 2016 (Dkt. 37); and,

10
11
12

WHEREAS, on September 26, 2016, on stipulation of the parties, Honorable Ronald M.
Whyte ordered the Early Neutral Evaluation date be extended to December 9, 2016 (Dkt. 44); and,
WHEREAS, on November 30, 2016, the Monterey County District Attorney’s Office

13

subpoenaed Defendant Officer CAMERON MURPHY to testify on December 9, 2016 at

14

9:30 a.m. in a preliminary hearing for a homicide in Monterey County Superior Court (see

15

Exhibit A), and the Monterey County District Attorney’s Office advised counsel for Defendants

16

that the hearing is a date certain, and that it is unlikely that it will be rescheduled; and,

17

WHEREAS, on December 5, 2016, Defendant Sergeant MARK LAZZARINI informed

18

counsel for Defendants that the back injury for which he is currently on disability recently flared

19

up, and that he is in significant pain and cannot move around without assistance; and,

20

WHEREAS, on December 5, 2016, after being informed of the circumstances regarding

21

Officer Murphy’s and Sergeant Lazzarini’s inability to physically attend the ENE set for

22

December 9, 2016, Evaluator Randolph W. Hall informed counsel for Plaintiffs, Wendy Chau,

23

and counsel for Defendants, Ryan Thompson, that the physical attendance of both Officer

24

Murphy and Sergeant Lazzarini is critical to the success of the ENE; and,

25

WHEREAS, Ms. Chau and Mr. Thompson are in agreement with Mr. Hall that the

26

physical attendance of both Officer Murphy and Sergeant Lazzarini is critical to the success of

27

the ENE; and,

28
2
Stip. and [Proposed] Order re: Extension for ENE

Case No. 15-CV-05937-RS

1

WHEREAS, Mr. Hall, Ms. Chau, and Mr. Thompson are mutually agreeable to

2

participating in the ENE session on a date mutually-agreeable to the parties and the assigned

3

evaluator, on or prior to February 28, 2017;

4
5

IT IS STIPULATED by the parties that the deadline to complete Early Neutral Evaluation
be extended to February 28, 2017.

6
7

Dated: December 5, 2016

LAW OFFICES OF WENDY CHAU

8

By:
/s/ WENDY CHAU
Attorneys for Plaintiffs JIHAN SHAWAR THISSEL,
TONY LEE MATHEWS JR., SIDNEY THISSEL and
JAMIE FRASIER

9
10
11

Dated: December 5, 2016

LAW OFFICES OF VINCENT P. HURLEY
A Professional Corporation

12

By:
/s/ RYAN THOMPSON
Attorneys for Defendants CITY OF SALINAS,
CAMERON MURPHY, MARK LAZZARINI,
WILLIAM YETTER and JEFF ARENSDORF

13
14
15
16
17
18
19
20
21

[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED that the deadline for completion
of Early Neutral Evaluation in this matter be extended to February 28, 2017.

22
23

12/8/16
Dated: ______________________
By: ________________________________
HON. JUDGE RICHARD SEEBORG

24
25
26
27
28

3
Stip. and [Proposed] Order re: Extension for ENE

Case No. 15-CV-05937-RS