May et al v. City and County of San Francisco et al

Filing 76

STIPULATION AND ORDER TO CONTINUE CERTAIN PRETRIAL DATES. Close of Fact Discovery due by 1/31/2019. Designation of Experts due by 2/8/2019. Rebuttal Reports due by 2/22/2019. Close of Expert Discovery due by 3/15/2019. Dispositive/Daubert Motion due by 5/10/2019. Motion Hearing set for 7/19/2019 09:30 AM in San Francisco, Courtroom G, 15th Floor before Magistrate Judge Joseph C. Spero. Signed by Judge Joseph C. Spero on 10/09/2018. (tmiS, COURT STAFF) (Filed on 10/9/2018)

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1 2 3 4 5 6 7 8 9 10 11 DENNIS J. HERRERA, State Bar #139669 City Attorney CHERYL ADAMS, State Bar #164194 Chief Trial Deputy SEAN F. CONNOLLY, State Bar #152235 REBECCA A. BERS, State Bar #287111 Deputy City Attorneys Fox Plaza 1390 Market Street, Sixth Floor San Francisco, California 94102-5408 Telephone: (415) 554-3863 [Connolly] Telephone: (415) 554-4224 [Bers] Facsimile: (415) 554-3837 Email: sean.connolly@sfcityatty.org Email: rebecca.bers@sfcityatty.org Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO, OFFICER MICHAEL MELLONE, AND SGT. NATE STEGER 12 UNITED STATES DISTRICT COURT 13 14 15 16 17 18 NORTHERN DISTRICT OF CALIFORNIA FIDELIA DEL CARMEN MAY CAN, an individual, ROSANA GUADALUPE GONGORA MAY, an individual, LUIS RODOLFO GONGORA MAY, an individual, ANGEL DE JESUS MAY, an individual, as individuals and co-successors-in-interest to Decedent LUIS DEMETRIO GONGORA PAT, 19 STIPULATION TO CONTINUE CERTAIN PRETRIAL DATES; [PROPOSED] ORDER Trial Date: October 21, 2019 Plaintiffs, 20 Case No. 16-cv-05771 JCS vs. 21 22 23 24 25 CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation; MICHAEL MELLONE, individually and in his capacity as a City of San Francisco Police Officer; NATE STEGER, individually and in his capacity as a City of San Francisco Police Sergeant; and DOES 1-50, inclusive, Defendants. 26 27 28 Stip to Modify CM and Pretrial Order Can, et al. v. CCSF, et al., No. 16-05771 JCS (RMI) 1 n:\lit\li2016\161073\01306476.docx 1 2 3 PURSUANT TO THE COURT AND TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: IT IS HEREBY STIPULATED by and between plaintiffs FIDELIA DEL CARMEN MAY 4 CAN, et al, and Defendants CITY AND COUNTY OF SAN FRANCISCO, et al, through their 5 counsel of record, that the pre-trial order should be set as follows: 6 7 Deadline Proposed Date 8 Outstanding written discovery responses October 4, 2018 9 Fact Discovery Cut-Off (Deposition and IME Only) January 31, 2019 10 Expert Disclosure Date February 8, 2019 11 Rebuttal Expert Disclosure Date February 22, 2019 12 Expert Discovery Cut-Off March 15, 2019 13 MSJ/Daubert Motion Filing Deadline May 10, 2019 14 MSJ/Daubert Opposition May 24, 2019 15 MSJ/Daubert Reply May 31, 2019 16 Dispositive/Daubert Motions Hearing Date July 19, 2019 17 Exchange Motions in Limine (per pretrial order) September 11, 2019 18 File Joint Pretrial Documents (per pretrial order) September 11, 2019 19 Oppositions to Motions in Limine (per pretrial order) September 20, 2019 Objections to Exhibits (per pretrial order) October 1, 2019 Pretrial Conference (per Dkt. 71) October 11, 2019 Trial Date (per Dkt. 71) October 21, 2019 20 21 22 23 24 Although the Court specified that dispositive motions must be heard not less than 90 days 25 before the pretrial conference, the parties request a minor accommodation to that requirement to insure 26 that Mr. Pointer will be available for the hearing. Mr. Pointer is scheduled to begin trial in another 27 matter on July 8, 2019, and expects to be unavailable on July 12, 2019 (90 days before the pretrial 28 Stip to Modify CM and Pretrial Order Can, et al. v. CCSF, et al., No. 16-05771 JCS (RMI) 2 n:\lit\li2016\161073\01306476.docx 1 2 conference), but available by July 19, 2019. The parties further advise the Court that Judge Illman has set a status call for Wednesday, 3 October 10, 2018, at which time the parties expect to agree on a date for a further settlement 4 conference. (See Dkt. No. 73.) 5 Dated: October 5, 2018 DENNIS J. HERRERA City Attorney CHERYL ADAMS Chief Trial Attorney SEAN F. CONNOLLY REBECCA A. BERS Deputy City Attorney 6 7 8 9 By: 10 /s/ Rebecca A. Bers REBECCA A. BERS 11 Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO, ET AL. 12 13 Dated: October 5, 2018 14 LAW OFFICES OF JOHN L. BURRIS 15 16 By: /s/ Adante Pointer ADANTE POINTER 17 Attorneys for Plaintiffs FIDELIA DEL CARMEN MAY CAN, et al. 18 19 20 21 22 23 24 25 26 27 28 Stip to Modify CM and Pretrial Order Can, et al. v. CCSF, et al., No. 16-05771 JCS (RMI) 3 n:\lit\li2016\161073\01306476.docx [PROPOSED] ORDER 1 2 3 GOOD CAUSE APPEARING, pursuant to stipulation, IT IS HEREBY ORDERED that the Case Management and Pretrial Order dated January 10, 2018 is modified as follows: 4 Outstanding written Discovery Responses: October 4, 2018 5 Deadline to complete fact depositions: January 31, 2019 6 Disclosure of expert witnesses: February 8, 2019 7 Disclosure of rebuttal experts: February 22, 2019 8 Deadline to complete expert discovery: March 15, 2019 9 Hearing for dispositive motions: July 19, 2019 10 11 10/09/2018 Dated: ___________________ 12 _____________________________________ HONORABLE JOSEPH C. SPERO UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stip to Modify CM and Pretrial Order Can, et al. v. CCSF, et al., No. 16-05771 JCS (RMI) 4 n:\lit\li2016\161073\01306476.docx

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