Maestrini v. City & County of San Francisco et al

Filing 51

STIPULATION AND ORDER TO CONTINUE DEADLINES FOR DISCLOSURE OF EXPERTS, DISCLOSURE OF REBUTTAL EXPERTS AND EXPERT DISCOVERY re 49 Stipulation filed by Jesse Serna, City and County of San Francisco, Heather Fong. Signed by Judge Phyllis J. Hamilton on 3/23/09. (nah, COURT STAFF) (Filed on 3/23/2009)

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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 DEADLINES FOR DISCLOSURE OF EXPERTS, DISCLOSURE OF REBUTTAL EXPERTS, AND EXPERT DISCOVERY

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: Disclosure of Experts (retained and non-retained): Monday, May 4, 2009 (from Monday, April 13, 2009) Disclosure of Rebuttal Experts: Friday, May 15, 2009 (from Wednesday, April 22, 2009) Expert Discovery Cutoff: Friday, May 29, 2009 (from Friday, May 22, 2009) All other dates, including the trial date, will remain the same. The parties make this request based on the following circumstances: 1. The parties are currently involved in settlement negotiations with the help of the court-

assigned mediator Christopher Johns. 2. 3. negotiations. 4. negotiations. 5. The parties plan to get together with mediator Christopher Johns within a week of Avoiding the costs associated with expert discovery will also facilitate settlement Defendants' summary judgment motion will be heard on Wednesday, March 25, 2009. An order on defendants' summary judgment motion would help facilitate settlement

receipt of the court's summary judgment order to reengage in settlement negotiations. 6. 7. The parties request continuations of the specified pretrial deadlines as set forth above. 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 portions of the Case Management order that this stipulation seeks to modify. 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 DEADLINES FOR DISCLOSURE OF EXPERTS, DISCLOSURE OF REBUTTAL EXPERTS, AND EXPERT DISCOVERY

STIPULATED AND AGREED: Dated: March 20, 2009 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

Dated: March 20, 2009

LAW OFFICE OF JOHN L. BURRIS JOHN L. BURRIS BENJAMIN NISENBAUM By: /s/ BENJAMIN NISENBAUM Attorneys for Plaintiff MARCO MAESTRINI

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

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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: Disclosure of Experts (retained and non-retained): Monday, May 4, 2009 Disclosure of Rebuttal Experts: Friday, May 15, 2009 Expert Discovery Cutoff: Friday, May 29, 2009 All other dates, including the trial date, will remain the same.

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D RDERE S SO O IHon. Phyllis J. Hamilton IT
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