Browne v. San Francisco Sheriffs Department

Filing 96

ORDER Granting re 95 Stipulation Amending Summary Judgment Briefing Schedule And Hearing (Motion for summary judgment to be filed on 1/28/09. Opposition due on 2/11/09. Reply brief due on 2/18/09. Summary judgment hearing 3/4/09 @ 9:00 a.m.) Date filed by Fields, Madden, Castro, Miller, Freeman. Signed by Judge Phyllis J. Hamiltion on 12/4/08. (fj, COURT STAFF) (Filed on 12/5/2008)

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DENNIS J. HERRERA, State Bar #139669 City Attorney JOANNE HOEPER, State Bar #114961 Chief Trial Deputy ROBERT A. BONTA, State Bar #202668 Deputy City Attorney Fox Plaza 1390 Market Street, Sixth Floor San Francisco, California 94102-5408 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Defendants SAN FRANCISCO SHERIFF'S DEPUTIES MADDEN, CASTRO, MILLER, FIELDS AND SERGEANT FREEMAN

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA DARREN BROWNE, A.K.A. AARON BROWNE, Plaintiff, vs. CITY AND COUNTY OF SAN FRANCISCO, SHERIFF'S DEPT., ET AL, Defendants. Case No. 03-CV-00047 PJH STIPULATION AND [PROPOSED] ORDER AMENDING SUMMARY JUDGMENT BRIEFING SCHEDULE AND HEARING DATE

GOOD CAUSE APPEARING, the parties stipulate, through their attorneys of record, to the 21 entry of an order as follows: 22 On March 20, 2008 the Court ordered defendants to file their motion for summary judgment 23 on December 3, 2008, plaintiff to file his opposition on December 17, 2008, defendants to file their 24 reply on December 24, 2008, and the summary judgment hearing to be held on January 14, 2009 at 25 9:00 a.m. 26 Counsel for the parties agree and stipulate that defendants can file their motion for summary 27 judgment on January 28, 2009, plaintiff can file his opposition on February 11, 2009, defendants can 28
STIPULATION & [PROPOSED] ORDER AMENDING MSJ SCHEDULE; USDC CASE NO. 03-CV-00047 PJH

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file their reply brief on February 18, 2009, and the summary judgment hearing will be held on March 4, 2009 at 9:00 a.m. This request is made because, despite extensive efforts, defendants have not yet been able to complete the deposition of plaintiff Darren Browne and because defense counsel Rob Bonta will be on parental leave from December 18, 2008 to January 20, 2009. Plaintiff was deposed for a full day, but the deposition was not completed and, to date, efforts to schedule a follow-up deposition session have proven unsuccessful. There have been no other time modifications to the summary judgment briefing schedule or to the Court's March 20, 2008 Case Management Order. This request will have no impact on any other portion of the schedule of the case. This modest continuance will not impact any future dates as no other dates after the summary judgment hearing have been set, including any expert discovery cutoff dates or a trial date. The parties therefore jointly stipulate and request that the Court adopt the amended summary judgment briefing schedule and hearing date, as set forth above. December 3, 2008 /s/ Robert A. Bonta Attorneys for Defendants SAN FRANCISCO SHERIFF'S DEPUTIES MADDEN, CASTRO, MILLER, FIELDS AND SERGEANT FREEMAN December 3, 2008 /s/ Harriet Pauline Ross, Esq. Attorney for Plaintiff DARREN BROWNE

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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December 4, 2008 Dated: ______________________

STIPULATION & [PROPOSED] ORDER AMENDING MSJ SCHEDULE; USDC CASE NO. 03-CV-00047 PJH

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________________________________ Honorable Phyllis J. Hamilton. Hamilton hyllis J United States Magistrate Judge Judge P

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