Jimenez v. City of Napa et al

Filing 25

STIPULATION AND ORDER re 23 to Continue ENE Compliance Deadline to 11/30/17 filed by City of Napa, Thomas Keener. Signed by Judge Edward M. Chen on 8/8/17. (bpfS, COURT STAFF) (Filed on 8/8/2017)

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Gregory M. Fox, State Bar No. 070876
Joanne Tran, State Bar No. 294402
BERTRAND, FOX, ELLIOT, OSMAN & WENZEL
The Waterfront Building
2749 Hyde Street
San Francisco, California 94109
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorney for Defendants
CITY OF NAPA, JOHN CORRIGAN, THOMAS KEENER,
ADAM DAVIS and CURTIS MADRIGAL
JOHN L. BURRIS, SBN 69888
BEN NISENBAUM, SBN 222173
Airport Corporate Centre
7677 Oakport Street, Suite 1200
Oakland, CA 94612
Tel: [phone] Fax: [phone]
Email: John. [e-mail]

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Attorneys for Plaintiff JANET JIMENEZ

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JANET JIMENEZ, individually and as
successor-in-interest to Decedent JAIME
JIMENEZ,

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Plaintiff,

Case No. 17-cv-01352-EMC

STIPULATION AND [PROPOSED] ORDER TO
CONTINUE ENE COMPLIANCE DEADLINE

v.
CITY OF NAPA, a municipal corporation;
JOHN CORRIGAN, individually and in his
capacity as a Sergeant for the Napa Police
Department; THOMAS KEENER, individually
and in his capacity as an officer for the Napa
Police Department; ADAM DAVIS,
individually and in his capacity as an officer for
the Napa Police Department; CURTIS
MADRIGAL, individually and in his capacity
as an officer for the Napa Police Department
and DOES 1-50, inclusive,

Hon. Edward M. Chen

Defendants.
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE ENE COMPLIANCE DEADLINE
U.S. District Court Case No.3:17-cv-01352-EMC:

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The parties, plaintiff JANET JIMENEZ, and defendants CITY OF NAPA and THOMAS

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KEENER, respectfully request that the ENE compliance deadline in this action be continued to

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November 30, 2017. The matter was referred to ENE on June 30, 2017. The current ENE compliance

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deadline is September 7, 2017. The matter has been referred to Evaluator Richard James Collier for ENE.

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Good cause exists for this continuance for the following reasons:

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1.

This case is still in the pleadings stage. Plaintiff filed her First Amended Complaint on

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July 21, 2017, and defendants have not yet filed its responsive pleadings. The current last

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day for defendants to file responsive pleadings is August 4, 2017 and the parties are filing

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a stipulation to extend the deadline to August 18, 2017 for filing responsive pleadings.

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The parties are in agreement that the parties would benefit from resolution of the

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pleadings prior to the ENE;

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2.

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The parties believe it would be helpful to conduct written discovery and take key
depositions prior to the ENE;

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3.

There are scheduling issues between the Evaluator, counsels for both parties, and the

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parties. Evaluator Collier proposed a date in September 2017 for ENE which worked for

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counsels for both parties. However, defendant THOMAS KEENER is unavailable due to a

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pre-planned out of town vacation. Furthermore, Evaluator Collier is unavailable from

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September 29 – October 31, 2017. Counsels for defendants are in trial in Alameda County

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Superior Court and will be unavailable in October 2017.

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The parties are cooperating and working on scheduling the ENE for a mutually convenient date

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for all parties and Evaluator Collier. The parties have an upcoming ENE phone conference with

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Evaluator Collier on August 8, 2017 to further discuss the matter. Based on these reasons, the parties

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respectfully request that the Court continue the deadline to complete the ENE hearing to November 30,

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2017.

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE ENE COMPLIANCE DEADLINE
U.S. District Court Case No.3:17-cv-01352-EMC:

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Respectfully submitted,
DATED: August 1, 2017

LAW OFFICES OF JOHN L. BURRIS

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By_ _Ben Nisenbaum ________
John L. Burris
Ben Nisenbaum
James Cook
Attorneys for the Plaintiff
JANET JIMENEZ

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Dated: August 1, 2017

BERTRAND, FOX, ELLIOT, OSMAN & WENZEL

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By: /s/ Joanne Tran
Gregory M. Fox
Joanne Tran
Attorney for Defendants
CITY OF NAPA, JOHN CORRIGAN, THOMAS
KEENER, ADAM DAVIS and CURTIS
MADRIGAL

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ATTORNEY ATTESTATION

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I, Joanne Tran, am the ECF user whose identification and password are being used to file the

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foregoing documents. Pursuant to Civil Local Rule 5.1(i), I hereby attest that concurrence in the filing of

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these documents has been obtained from each of its Signatories.
Dated: August 1, 2017
/s/ Joanne Tran
Joanne Tran

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ORDER

IT IS SO ORDERED.

Chen
ard M.
ge EdwM. CHEN
THE HONORABLE EDWARD
Jud
United States District Judge

H

ER

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F
D IS T IC O
STIPULATION AND [PROPOSED] ORDER TO CONTINUE ENE COMPLIANCE DEADLINE T
R
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U.S. District Court Case No.3:17-cv-01352-EMC:

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8/8/2017

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Dated:

DERED

O OR
IT IS S

R NIA

2017.

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UNIT
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Having considered the parties’ stipulation, the deadline to complete the ENE hearing is November 30,

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