DelCastillo v. City and County of San Francisco et al

Filing 26

STIPULATION AND ORDER REGARDING DEADLINE FOR DEPOSITION OF DR. RUBEN RUIZ re 25 Stipulation filed by City and County of San Francisco. Signed by Judge Phyllis J. Hamilton on 3/8/10. (nah, COURT STAFF) (Filed on 3/8/2010)

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DENNIS J. HERRERA, State Bar #139669 City Attorney JOANNE HOEPER, State Bar #114961 Chief Trial Deputy DANIEL A. ZAHEER, State Bar #237118 ROBERT A. BONTA, State Bar #202668 Deputy City Attorneys Fox Plaza 1390 Market Street, Sixth Floor San Francisco, California 94102-5408 Telephone: [phone] Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] [e-mail] Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO, ET AL.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ANTONIO DELCASTILLO, Plaintiff, vs. CITY AND COUNTY OF SAN FRANCISCO, KEVIN CHIN, JASON GALLAGHER, KEVIN HORAN, ROBERT KOBOLD, STEVEN NEEDHAM, ROBIN ODUM, TYLER ROPELATO, WAYMAN YOUNG, and DOES 1-25, inclusive, Defendants. Case No. C08-3020 PJH STIPULATION AND [PROPOSED] ORDER REGARDING DEADLINE FOR DEPOSITION OF DR. RUBEN RUIZ (CIV. L.R. 7-12) Trial Date: August 16, 2010

STIPULATION RE: PHYSICAL INJURIES CASE NO. C08-3020

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WHEREAS on December 18, 2008, the Court issued a scheduling Order for this case setting forth various deadlines, including that the parties should exchange expert disclosures on February 17, 2010 and that expert discovery should be completed by March 17, 2010 (see Dkt. #15); WHEREAS on February 18, 2010, plaintiff Antonio DelCastillo disclosed by mail that he intends to rely upon the expert testimony of his treating psychiatrist, Dr. Ruben Ruiz; WHEREAS although defendants contend that the disclosure was untimely, they nonetheless in an abundance of caution intend to obtain the deposition of Dr. Ruiz; WHEREAS Dr. Ruiz has indicated that he will not be available for deposition until March 29, 2010 or later; Therefore, the parties by and through their counsel agree and stipulate that the deadline for completion of the deposition of Dr. Rubin Ruiz be extended up to and including April 16, 2010. The parties further respectfully request that the Court enter an appropriate order modifying its scheduling order to permit the deposition to proceed based upon the parties' stipulation.

Dated: February 25, 2010

DENNIS J. HERRERA City Attorney JOANNE HOEPER Chief Trial Deputy DANIEL A. ZAHEER Deputy City Attorney By: /s/ DANIEL A. ZAHEER Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO, ET AL.

Dated: February 25, 2010 By: /s/ KENNETH FRUCHT Attorney for Plaintiff ANTONIO DELCASTILLO

STIPULATION RE: PHYSICAL INJURIES CASE NO. C08-3020

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STIPULATION RE: PHYSICAL INJURIES CASE NO. C08-3020

[PROPOSED] ORDER Pursuant to the stipulation of the parties, and good cause appearing, IT IS ORDERED that defendants may take the deposition of Dr. Ruben Ruiz on or before April 16, 2010.

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3/8/10 DATED: _________________

HON. PHYLLIS HAMILTON DERED DISTRICT COURT JUDGE SO OR

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