Maestrini v. City & County of San Francisco et al

Filing 35

ORDER Granting As Modified re 34 Stipulation To Continue Mediation Deadline, Non-Expert Discovery Cutoff, And Dispositive Motions Hearing Deadline filed by Jesse Serna, City and County of San Francisco, Heather Fong. Signed by Judge Phyllis J. Hamilton on 12/4/08. (fj, COURT STAFF) (Filed on 12/4/2008)

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DENNIS J. HERRERA, State Bar #139669 City Attorney JOANNE HOEPER, State Bar #114961 Chief Trial Deputy ROBERT BONTA Deputy City Attorney Fox Plaza 1390 Market Street, 6th Floor San Francisco, California 94102-5408 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO, HEATHER FONG AND JESSE SERNA

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA MARCO MAESTRINI, Plaintiff, vs. CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation; HEATHER FONG, in her capacity as Chief of Police for the CITY AND COUNTY OF SAN FRANCISCO; JESSE SERNA, individually, and in his capacity as a police officer for the CITY AND COUNTY OF SAN FRANCISCO; and, San Francisco police officers DOES 1-25, inclusive, Defendants. Case No. C 07-2941 PJH STIPULATION AND [PROPOSED] ORDER TO CONTINUE MEDIATION DEADLINE, NON-EXPERT DISCOVERY CUTOFF, AND DISPOSITIVE MOTIONS HEARING DEADLINE AS MODIFIED BY THE COURT

ORDER CONTINUING PRETRIAL DEADLINES CASE NO. C 07-2941 PJH

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The undersigned parties, through counsel, STIPULATE and AGREE and jointly request modification of the Court's August 28, 2008 Modified Order to Continue Trial Date and Related Pretrial Deadlines as follows: Deadline for Court-Ordered Mediation: Wednesday, March 31, 2009 Non-Expert Discovery Cutoff: Friday, February 20, 2009 Dispositive Motions to Be Heard By: Wednesday, April 8, 2009 All other dates, including the trial date, will remain the same. The parties make this request based on the following circumstances: 1. Deputy City Attorney Robert A. Bonta will be taking an approximately one-month

parental leave from approximately December 18, 2008 to January 20, 2009. 2. Additional discovery is still required to prepare this case for trial. For example, both

parties need to conduct depositions, including plaintiff's taking of the deposition of defendant Serna and six other police officers and Sheriff's Deputies. In addition, the parties need to resolve the issue of discovery of Officer Serna's personnel file records, which they are close to doing. 3. 4. The parties request continuations of the specified pretrial deadlines as set forth above. The Court in its September 28, 2007 Case Management Order ordered the parties to

mediation within 120 days. Pursuant to stipulation of the parties, with the concurrence of Courtappointed mediator Christopher Johns, the parties requested time for discovery that would be necessary in order for mediation to be beneficial. On March 14, 2008, the Court extended the deadline for mediation to May 27, 2008. Pursuant to stipulation of the parties, and based, inter alia, on the fact that new defense counsel had just substituted in and needed to get up to speed on the case as well as the fact that additional discovery still needed to be conducted, on August 28, 2008, the Court extended the pretrial deadlines and continued the trial date. Other than the aforementioned, there have been no other modifications to the Case Management order. No other dates will be affected by the requested changes.

ORDER CONTINUING PRETRIAL DEADLINES CASE NO. C 07-2941 PJH

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SIGNATURE PAGE TO STIPULATION AND [PROPOSED] ORDER TO CONTINUE MEDIATION DEADLINE, NON-EXPERT DISCOVERY CUTOFF, AND DISPOSITIVE MOTIONS HEARING DEADLINE

STIPULATED AND AGREED: Dated: December 2, 2008 DENNIS J. HERRERA City Attorney JOANNE HOEPER Chief Trial Deputy ROBERT BONTA SEAN F. CONNOLLY Deputy City Attorneys By: /s/ ROBERT BONTA Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO, HEATHER FONG AND JESSE SERNA

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ORDER CONTINUING PRETRIAL DEADLINES CASE NO. C 07-2941 PJH

Dated: December 2, 2008 LAW OFFICE OF JOHN L. BURRIS JOHN L. BURRIS BENJAMIN NISENBAUM By: /s/ BENJAMIN NISENBAUM Attorneys for Plaintiff MARCO MAESTRINI

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ORDER CONTINUING PRETRIAL DEADLINES CASE NO. C 07-2941 PJH

ORDER Pursuant to stipulation, and for good cause appearing, IT IS ORDERED that the pre-trial deadlines be continued as follows: Deadline for Court-Ordered Mediation: Wednesday, March 31, 2009 Non-Expert Discovery Cutoff: Friday, February 20, 2009 Dispositive Motions to Be Heard By: Wednesday, April 8, 2009 March 25, 2009

December 4, 200 DATED:________________ 9

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