Adams v. City and County of San Francisco et al

Filing 17

ORDER DENYING STIPULATION TO CONTINUE SETTLEMENT CONFERENCE. Signed by Magistrate Judge Joseph C. Spero on 3/23/9. Signed by Judge Joseph C. Spero on 3/23/09. (klh, COURT STAFF) (Filed on 3/23/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOHN L. BURRIS (State Bar No. 69888) ADANTÉ D. POINTER (State Bar No. 236229) LAW OFFICES OF JOHN L. BURRIS Airport Corporate Center 7677 Oakport Street, Suite 1120 Oakland, California 94621 Telephone: (510) 839-5200 Facsimile: (510) 839-3882 John.Burris@johnburrislaw.com Adante.Pointer@johnburrislaw.com Attorneys for Plaintiff KYLE L. ADAMS UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ) Case No.: 08-cv-3696 PJH ) ) STIPULATION AND [PROPOSED] Plaintiffs, ) ORDER TO CONTINUE SETTLEMENT ) CONFERENCE vs. ) CITY AND COUNTY OF SAN ) ) FRANCISCO, a municipal corporation, ) SHERIFF MICHAEL HENNESSEY in his official capacity as Sheriff for the CITY and ) ) COUNTY of SAN FRANCISCO; SCOTT NEU individually and in his official capacity ) ) as a San Francisco Sheriff's Department ) Deputy for the CITY AND COUNTY OF ) SAN FRANCISCO; DOES 1-50, inclusive; ) individually and in their official capacities for ) the CITY AND COUNTY OF SAN ) FRANCISCO ) ) ) Defendants. ) KYLE L. ADAMS ADAM vs. CCSF, et al. STIP & [PROPOSED] ORDER TO CONTINUE STLMNT CONF. -1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The undersigned parties, through counsel, STIPULATE and AGREE and jointly request modification of Magistrate Judge Joseph Spero's Notice of Settlement Conference Order to continue the settlement conference currently scheduled for April 7, 2009, to a later date sometime within the month of August 2009 or some other date convenient to the court and the respective parties. The parties make this request based upon the following circumstances: 1. The parties are currently scheduled to participate in a Settlement Conference before Magistrate Judge Spero on April 7, 2009. 2. The parties arranged to have Plaintiff's deposition taken on February 25, 2009, and February 26, 2009, at California State Prison, San Quentin, where plaintiff was in custody. 3. However, due to unforeseen circumstances, Defendants' counsel was unable to take Plaintiff's deposition on the noticed date. Specifically, the day before the noticed deposition date, Plaintiff's counsel went to visit Plaintiff at San Quentin and was advised that Plaintiff's housing classification had been recently changed. Plaintiff had been placed in Administrative Segregation and was no longer in General Population. Plaintiff's counsel was further advised that the classification change was due to threats being made against Plaintiff's life and the ensuing Department of Correction investigation into the same. 4. Plaintiff's counsel was further advised that proceeding with the noticed deposition may place Plaintiff's life in jeopardy. 5. Therefore, counsel for both parties agreed to continue Plaintiff's deposition to a later date wherein taking Plaintiff's deposition would not further compromise his security. 6. Plaintiff was recently transferred to Soledad State Prison and is awaiting transfer to California State Prison Mens' Colony (CMC) in San Louis Obispo. Unfortunately, the Department of Correction did not provide Plaintiff's counsel with a specific transfer date. 7. The parties intend to go forward with Plaintiff's deposition once he is transferred to CMC. 8. In order for the settlement conference to be beneficial, defendants need to complete Plaintiff's deposition. ADAM vs. CCSF, et al. STIP & [PROPOSED] ORDER TO CONTINUE STLMNT CONF. -2 1 2 3 4 5 9. In light of the foregoing, the undersigned parties, through counsel, STIPULATE and AGREE and jointly request the Settlement Conference currently scheduled for April 7, 2009 be continued to a later date in the month of August 2009 that is convenient for both the court and the parties. Date: March 20, 2009 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 /s/ Adante D. Pointer________ Adante D. Pointer, Esq. Attorney for Plaintiff [PROPOSED] ORDER Settlement Conference be continued from April 7, 2009, to UNIT ED S S DISTRICT TE C A Pursuant to stipulation, and for good T cause appearing, IT IS ORDERED that the RT U O effect. Judge Jo seph C. ER HONORABLE JOSEPH C. SPERO C UNITNDD E STATES MAGISTRATE JUDGE OF IS T RIC T ADAM vs. CCSF, et al. STIP & [PROPOSED] ORDER TO CONTINUE STLMNT CONF. -3 A LI DATED: March 23, 2009 FO Spero R NIA D a.m. All provisions of the Court's original Notice & Settlement Conference order shall remain in NO ENIED , 2009, at 9:30 RT H

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