Doe et al v. City of Novato et al

Filing 32

STIPULATION AND ORDER re 31 STIPULATION WITH PROPOSED ORDER to Continue CMC and Related Dates filed by City of Novato, Oliver Collins. Case Management Statement due by 10/11/2016. Initial Case Management Conference set for 10/19/2016 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on August 31, 2016. (wsn, COURT STAFF) (Filed on 8/31/2016)

1
2
3
4
5

Suzanne Solomon, Bar No. 169005
[e-mail]
Arlin Kachalia, Bar No. 193752
[e-mail]
LIEBERT CASSIDY WHITMORE
A Professional Law Corporation
135 Main Street, 7th Floor
San Francisco, California 94105
Telephone:
415.512.3000
Facsimile:
415.856.0306

6
7
8
9
10

Liebert Cassidy Whitmore
A Professional Law Corporation
135 Main Street, 7th Floor
San Francisco, California 94105

11
12

Attorneys for Defendants CITY OF NOVATO
and LT. OLIVER COLLINS
Mary J. Shea, Bar No. 113222
[e-mail]
SHEA LAW OFFICES
1814 Franklin Street, Suite 800
Oakland, California 94612
Telephone:
510.208.4422
Facsimile:
415.520.9407
Attorneys for Plaintiffs JEFFREY A. AMES and
SASHA M. D’AMICO

13
14
15
16

Fulvio F. Cajina, Bar No. 289126
[e-mail]
LAW OFFICE OF FULVIO F. CAJINA
311 Oak Street, Suite 108
Oakland, California 94607
Telephone:
415.601.0779
Facsimile:
510.444.5108

17
18

Attorneys for Plaintiffs JEFFREY A. AMES and
SASHA M. D’AMICO

19

UNITED STATES DISTRICT COURT

20

NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO

21

JEFFREY A. AMES and SASHA M.
D’AMICO,

22
Plaintiffs,

Case No.: 3:16-cv-02590-JST
Complaint Filed: May 13, 2016
FAC Filed: May 16, 2016

23
v.
24
25

CITY OF NOVATO; LT. OLIVER
COLLINS; and DOES 1-10,

26

STIPULATION AND ORDER TO CONTINUE
CASE MANAGEMENT CONFERENCE, ADR
STIPULATION/NOTICE FOR PHONE
CONFERENCE DEADLINE, AND RELATED
DATES

Defendants.

27
28
30
31

7905168.2 NO029-023

3:16-cv-02590-JST
STIPULATION AND ORDER TO CONTINUE CMC AND RELATED DATES

1

Plaintiffs Jeffrey Ames and Sasha D’Amico (“Plaintiffs”) and Defendants City of Novato

2

and Oliver Collins (collectively, “Defendants”) by and through their respective counsel of record,

3

hereby stipulate as follows for consideration and approval by the Court:

4
5
6

A. WHEREAS, Plaintiffs filed a First Amended Complaint for Damages on May 16,
2016, and served Defendants on May 20, 2016;
B. WHEREAS, on May 31, 2016, the parties agreed and stipulated to extending

7

Defendants’ time to respond to Plaintiffs’ First Amended Complaint from June 10,

8

2016, to July 6, 2016;

9
10

C. WHEREAS, on July 6, 2016, Defendants City of Novato and Lt. Oliver Collins filed a
Motion to Dismiss Portions of Plaintiffs’ First Amended Complaint;

Liebert Cassidy Whitmore
A Professional Law Corporation
135 Main Street, 7th Floor
San Francisco, California 94105

11

D. WHEREAS, on July 6, 2016, the Court scheduled a Case Management Conference for

12

September 14, 2016. The parties’ Case Management Conference Statement is due

13

September 7, 2016;

14
15
16

E. WHEREAS, on July 14, 2016, Defendants City of Novato and Lt. Oliver Collins filed
a Motion to Sever Plaintiff D’Amico’s Claims into a Separate Action;
F. WHEREAS, on July 19, 2016, the parties agreed and stipulated, and this Court

17

approved, that the hearing on Defendants’ Motion to Dismiss Portions of Plaintiffs’

18

First Amended Complaint and Motion to Sever Plaintiff D’Amico’s Claims into

19

Separate Action be continued to September 1, 2016, at 2:00 p.m. and to extend

20

briefing dates. This stipulation was necessitated by Plaintiff’s counsel Mary Shea’s

21

stated intention to withdraw from the case due to a serious medical condition;

22

G. WHEREAS, Fulvio Cajina associated in as co-counsel for Plaintiffs on August 10,

23
24
25

2016;
H. WHEREAS, the hearing on Defendants’ Motion to Sever is on calendar for September
1, 2016;

26

I. WHEREAS, the court vacated the September 1, 2016, hearing set for Defendants’

27

Motion to Dismiss, and will be issuing a decision without oral argument; and

28

NOW THEREFORE, the Plaintiffs and Defendants stipulate, by and through their counsel
1
3:16-cv-02590-JST
7905168.2 NO029-023

30
31

STIPULATION AND ORDER TO CONTINUE CMC AND RELATED DATES

1
2

and pursuant to Court approval, that:
1. That in the interest of justice and to minimize litigation costs, and because the

3

decisions of the Defendants’ Motion to Sever and Motion to Dismiss are pending, the

4

parties request that this Court continue the Case Management Conference from

5

September 14, 2016, in Courtroom 9 of the above-entitled Court, to Wednesday,

6

October 12, 2016.

7

2. No party will be prejudiced by a continuance of the Case Management Conference by

8

30 days from September 14, 2016, to Wednesday, October 12, 2016. The parties

9

further stipulate that a joint case management statement must be filed five court days
in advance of the continued case management conference, on or before October 4,

11
Liebert Cassidy Whitmore
A Professional Law Corporation
135 Main Street, 7th Floor
San Francisco, California 94105

10

2016.

12

3. The parties agree: (a) to conduct the FRCP 26(f) conference on or before September

13

14, 2016, and (b) to complete initial disclosures and file the FRCP 26(f) report on or

14

before October 4, 2016.

15

4. The parties agree to extend the deadline for filing either a Stipulation and [Proposed]

16

Order Selecting an ADR Process or a Notice of Need for ADR Phone Conference, to

17

September 14, 2016.

18
19

5. The parties agree that discovery may commence as of October 4, 2016.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

20
21

Dated: August 31, 2016

LIEBERT CASSIDY WHITMORE

22
By: /S/ SUZANNE SOLOMON
Suzanne Solomon
Arlin Kachalia
Attorneys for Defendants CITY OF
NOVATO and LT. OLIVER COLLINS

23
24
25
26
27
28
30
31

7905168.2 NO029-023

2

3:16-cv-02590-JST
STIPULATION AND ORDER TO CONTINUE CMC AND RELATED DATES

1

Dated: August 31, 2016

THE SHEA LAW OFFICES

2
By: /S/ MARY J. SHEA
Mary J. Shea
Attorneys for Plaintiffs JEFFREY A.
AMES and SASHA M. D’AMICO

3
4
5
6

Dated: August 31, 2016

LAW OFFICE OF FULVIO F. CAJINA

7
By: /S/ FULVIO J. CAJINA
Fulvio J. Cajina
Attorneys for Plaintiffs JEFFREY A.
AMES and SASHA M. D’AMICO

8
9
10

Liebert Cassidy Whitmore
A Professional Law Corporation
135 Main Street, 7th Floor
San Francisco, California 94105

11
12
13
14
15

[PROPOSED] ORDER
1.
The Case Management Conference is continued from September 14, 2016, to
October 19, 2016
October 12, 2016 at 2:00 p.m. in Courtroom 9 of the above-entitled Court.
The parties’ joint case management statement must be filed five court days in
October 11, 2016
advance of the continued case management conference, on or before October 4, 2016.
2.

3.

16

The parties shall a) conduct the FRCP 26(f) conference on or before September 14,

17

2016, and b) complete initial disclosures and file the FRCP 26(f) report on or before October 4,

18

2016.
4.

19

The parties’ deadline for filing either a Stipulation and [Proposed] Order Selecting

20

an ADR Process or a Notice of Need for ADR Phone Conference, is extended to September 14,

21

2016.

22

PURSUANT TO STIPULATION, IT IS SO ORDERED.

23
24
25

Dated: ______________________
August 31, 2016
The Honorable Jon S. Tigar
United States District Judge

26
27
28
30
31

7905168.2 NO029-023

3

3:16-cv-02590-JST
STIPULATION AND ORDER TO CONTINUE CMC AND RELATED DATES