Kim et al v. City of Belmont et al

Filing 85

STIPULATION AND ORDER re 84 CONTINUING CASE MANAGEMENT CONFERENCE AND RESPONSIVE PLEADING DEADLINE TO ALLOW TIME FOR MANDATORY SETTLEMENT CONFERENCE filed by Todd Feinberg, Robert McGriff, Michael Supanich, Ryan Collins, Clyde Hus sey, Kenneth Stenquist, City of Belmont. Case Management Statement due by 2/19/2019. Initial Case Management Conference set for 2/27/2019 at 2:00 PM in San Francisco, Courtroom 9, 19th Floor. Signed by Judge Jon S. Tigar on November 19, 2018. (wsn, COURT STAFF) (Filed on 11/19/2018)

1
2
3
4
5
6
7
8
9
10

Gregory M. Fox, State Bar No. 070876
Parry A. Black, State Bar No. 291472
BERTRAND, FOX, ELLIOT, OSMAN & WENZEL
The Waterfront Building
2749 Hyde Street
San Francisco, California 94109
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
[e-mail]
Attorneys for Defendants
CITY OF BELMONT, POLICE OFFICERS
MICHAEL SUPANICH, CLYDE HUSSEY,
KENNETH STENQUIST, TODD FEINBERG,
ROBERT MCGRIFF, and RYAN COLLINS

11

UNITED STATES DISTRICT COURT

12

NORTHERN DISTRICT OF CALIFORNIA

13
14

ANDREW HYOBIN KIM, JUNE KIM, PAUL
KIM, and ANDREW CHAN KIM,

Case No. 3:17-cv-02563-JST

15
Plaintiffs,

16
17
18
19
20
21
22
23
24
25

v.
CITY OF BELMONT; PENINSULA
HUMANE SOCIETY; Belmont Police Sergeant
MICHAEL SUPANICH, in his Individual and
Official Capacities; Belmont Police Corporal
CLYDE HUSSEY, in his Individual and
Official Capacities; Belmont Police Officer
KENNETH STENQUIST, Individually;
Peninsula Humane Society Officer BRIAN
SCHENCK, Individually; Belmont Police
Officer TODD FEINBERG, Individually;
Belmont Police Officer ROBERT MCGRIFF,
Individually; Belmont Police Officer RYAN
COLLINS, Individually; and DOES 1-50,
Jointly and Severally,

STIPULATION AND [PROPOSED] ORDER
CONTINUING CASE MANAGEMENT
CONFERENCE AND RESPONSIVE PLEADING
DEADLINE TO ALLOW TIME FOR
MANDATORY SETTLEMENT CONFERENCE

26
Defendants.
27

Hon. Jon S. Tigar

28
30
31

STIPULATION CONTINUING CASE MANAGEMENT CONFERENCE AND RESPONSIVE PLEADING DEADLINE
Kim, et al. v. City of Belmont, et al. USDC Northern District Case No.: 3:17-cv-02563-JST

1

Defendants CITY OF BELMONT, KENNETH STENQUIST, TODD FEINBERG, ROBERT

2

MCGRIFF, MICHAEL SUPANICH, CLYDE HUSSEY, and RYAN COLLINS, (“City Defendants”),

3

Defendants PENNINSULA HUMANE SOCIETY and BRIAN SCHENCK (“PHS Defendants”), and

4

Plaintiffs ANDREW HYOBIN KIM, JUNE KIM, PAUL KIM, and ANDREW CHAN KIM, (“Plaintiffs”)

5

submit this STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT

6

CONFERENCE

7

MANDATORY SETTLEMENT CONFERENCE.

AND

RESPONSIVE

PLEADING

DEADLINE

TO

ALLOW

TIME

FOR

8

The initial Case Management Conference in this matter is set for November 28, 2018. The parties

9

have been engaged in meet and confer efforts regarding the allegations of the operative Fourth Amended

10

Complaint against the City Defendants. Further meet and confer efforts have occurred regarding the setting

11

of a Mandatory Settlement Conference in this matter. Therefore, in order to facilitate a potential resolution

12

of this case, the parties respectfully request the following:

13

•

14

continued to January 15, 2019.

15

•

16

to February 27, 2019.

17

•

18

Conference.

That the City Defendants’ deadline to respond to the Fourth Amended Complaint be

That the Case Management Conference set for November 28, 2018 be continued by 90 days

That the case be assigned to Magistrate Judge Sallie Kim for a Mandatory Settlement

19
20
21
22

Respectfully submitted,
DATED: November 19, 2018

BERTRAND, FOX, ELLIOT, OSMAN & WENZEL

23
24

By:

/s/ Parry A. Black
Gregory M. Fox
Attorney for the Defendants
CITY OF BELMONT, POLICE OFFICERS
MICHAEL SUPANICH, CLYDE HUSSEY,
KENNETH STENQUIST, TODD FEINBERG,
ROBERT MCGRIFF, and RYAN COLLINS

25
26
27
28
30
31

1
STIPULATION CONTINUING CASE MANAGEMENT CONFERENCE AND RESPONSIVE PLEADING DEADLINE
Kim, et al. v. City of Belmont, et al. USDC Northern District Case No.: 3:17-cv-02563-JST

1

DATED: November 19, 2018

LAW OFFICES OF PANOS LAGOS

2
By:

3

/s/ Panos Lagos
Panos Lagos
Attorney for Plaintiffs
ANDREW HYOBIN KIM, JUNE KIM, PAUL
KIM, ANDREW CHAN KIM

4
5
6
7

DATED: November 19, 2018

PORTER SCOTT

8
By:

9

/s/ Christopher M. Egan
Christopher M. Egan
Attorney for Defendant
PENNINSULA HUMANE SOCIETY and
BRIAN SCHENCK

10
11
12
13

ELECTRONIC CASE FILING ATTESTATION

14

I, Parry A. Black, am the ECF user whose identification and password are being used to file the

15

foregoing documents. Pursuant to Civil Local Rule 131(e), I hereby attest that concurrence in the filing

16

of these documents has been obtained from each of its Signatories.

17

Dated: November 19, 2018

/s/ Parry A. Black
Parry A. Black

18
19
20
[PROPOSED] ORDER

21
22

Pursuant to the stipulation above it is so ordered. The City Defendants are to file their responsive

23

pleading to the Fourth Amended Complaint by January 15, 2019. The Case Management Conference set

24

for November 28, 2018, is hereby continued to February 27, 2019. The Court will refer the matter to

25

Magistrate Judge Sallie Kim for a Mandatory Settlement Conference by separate order.

26
27

Dated: November 19, 2018

28

JON S. TIGAR
UNITED STATES DISTRICT JUDGE

30

2

31

STIPULATION CONTINUING CASE MANAGEMENT CONFERENCE AND RESPONSIVE PLEADING DEADLINE
Kim, et al. v. City of Belmont, et al. USDC Northern District Case No.: 3:17-cv-02563-JST