Thissel et al v. Murphy et al
Filing
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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)
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Christopher A. Callihan, City Attorney #203010
CITY OF SALINAS
OFFICE OF THE CITY ATTORNEY
200 Lincoln Avenue
Salinas, CA 93901
Telephone: (831) 758-7256
Facsimile: (831) 758-7257
Vincent P. Hurley #111215
Ryan Thompson #292281
LAW OFFICES OF VINCENT P. HURLEY
A Professional Corporation
28 Seascape Village
Aptos, California 95003
Telephone: (831) 661-4800
Facsimile: (831) 661-4804
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Attorneys for Defendants
CITY OF SALINAS, CAMERON MURPHY,
MARK LAZZARINI, WILLIAM YETTER, and JEFF ARENSDORF
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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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Plaintiffs,
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vs.
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CAMERON MURPHY, an INDIVIDUAL and )
OFFICER, MARK LAZZARINI, an
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INDIVIDUAL and OFFICER, WILLIAM
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YETTER, an INDIVIDUAL and OFFICER,
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JEFF ARENSDORF, an INDIVIDUAL, KELLY )
MCMILLIN in his OFFICIAL CAPACITY, the )
SALINAS POLICE DEPARTMENT, the CITY )
OF SALINAS and DOES 1-25,
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Defendants.
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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
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Stip. and [Proposed] Order re: Extension for ENE
Case No. 15-CV-05937-RS
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WHEREAS, on March 9, 2016, on the stipulation of the parties, Honorable Judge Ronald
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M. Whyte ordered that Early Neutral Evaluation be completed in the above-captioned matter
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within 90 days from the date of the March 9, 2016 Order (Dkt. 18); and,
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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,
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WHEREAS, on August 5, 2016, on stipulation of the parties, Honorable Ronald M.
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Whyte ordered the Early Neutral Evaluation date be extended to September 27, 2016 (Dkt. 37); and,
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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
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subpoenaed Defendant Officer CAMERON MURPHY to testify on December 9, 2016 at
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9:30 a.m. in a preliminary hearing for a homicide in Monterey County Superior Court (see
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Exhibit A), and the Monterey County District Attorney’s Office advised counsel for Defendants
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that the hearing is a date certain, and that it is unlikely that it will be rescheduled; and,
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WHEREAS, on December 5, 2016, Defendant Sergeant MARK LAZZARINI informed
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counsel for Defendants that the back injury for which he is currently on disability recently flared
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up, and that he is in significant pain and cannot move around without assistance; and,
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WHEREAS, on December 5, 2016, after being informed of the circumstances regarding
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Officer Murphy’s and Sergeant Lazzarini’s inability to physically attend the ENE set for
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December 9, 2016, Evaluator Randolph W. Hall informed counsel for Plaintiffs, Wendy Chau,
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and counsel for Defendants, Ryan Thompson, that the physical attendance of both Officer
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Murphy and Sergeant Lazzarini is critical to the success of the ENE; and,
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WHEREAS, Ms. Chau and Mr. Thompson are in agreement with Mr. Hall that the
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physical attendance of both Officer Murphy and Sergeant Lazzarini is critical to the success of
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the ENE; and,
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Stip. and [Proposed] Order re: Extension for ENE
Case No. 15-CV-05937-RS
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WHEREAS, Mr. Hall, Ms. Chau, and Mr. Thompson are mutually agreeable to
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participating in the ENE session on a date mutually-agreeable to the parties and the assigned
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evaluator, on or prior to February 28, 2017;
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IT IS STIPULATED by the parties that the deadline to complete Early Neutral Evaluation
be extended to February 28, 2017.
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Dated: December 5, 2016
LAW OFFICES OF WENDY CHAU
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By:
/s/ WENDY CHAU
Attorneys for Plaintiffs JIHAN SHAWAR THISSEL,
TONY LEE MATHEWS JR., SIDNEY THISSEL and
JAMIE FRASIER
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Dated: December 5, 2016
LAW OFFICES OF VINCENT P. HURLEY
A Professional Corporation
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By:
/s/ RYAN THOMPSON
Attorneys for Defendants CITY OF SALINAS,
CAMERON MURPHY, MARK LAZZARINI,
WILLIAM YETTER and JEFF ARENSDORF
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[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.
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12/8/16
Dated: ______________________
By: ________________________________
HON. JUDGE RICHARD SEEBORG
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Stip. and [Proposed] Order re: Extension for ENE
Case No. 15-CV-05937-RS
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