Meas v. City & County of San Francisco et al

Filing 61

ORDER DENYING REQUEST TO MODIFY CASE MANAGEMENT ORDER re 60 Stipulation filed by Jonathan Meas. Signed by Judge Phyllis J. Hamilton on 11/9/09. (nah, COURT STAFF) (Filed on 11/9/2009)

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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 26 27 28 JOHN L. BURRIS, Esq./ State Bar #69888 BENJAMIN NISENBAUM, Esq./State Bar #222173 LAW OFFICES OF JOHN L. BURRIS Airport Corporate Centre 7677 Oakport Street, Suite 1120 Oakland, California 94621 Telephone: (510) 839-5200 Facsimile: (510) 839-3882 Email: john.burris@johnburrislaw.com bnisenbaum@gmail.com Attorneys for Plaintiff UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JONATHAN MEAS, 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; GARY MORIYAMA, individually, and in his capacity as a police officer for the CITY AND COUNTY OF SAN FRANCISCO; ERIC VALENTINI, individually, and in his capacity as a police officer for the CITY AND COUNTY OF SAN FRANCISCO, SCOTT KORTE, 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 08-04075 PJH ORDER DENYING REQUEST STIPULATION TO MODIFY CASE MANAGEMENT ORDER AND (PROPOSED) ORDER STIPULATION TO MODIFY CASE MANAGEMENT ORDER AND (PROPOSED) ORDER Case No. C 08-04075 PJH 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 26 27 28 STIPULATION The parties hereby stipulate to extend the date of expert witness designation exchanges from November 18, 2009 to December 18, 2009. The requested extension is necessary due to the ruling on the discovery dispute between the parties (Plaintiff's motion to compel filed July 21, 2009, document number 41; responsive documents ordered disclosed by Defendants on October 15, 2009, document number 59), and the need to complete depositions with the discovery produced by Defendants on October 15, 2009 pursuant to the Court's Order on that discovery dispute, with the disclosed information necessary to the parties' FRCP 26 expert witness reports and the taking of Defendant Officers' depositions. In light of the requested continuance the parties also request that the Court extend the close of expert witness discovery by one month from January 15, 2010 to February 15, 2010. The proposed modification will impact only the dispositive motion deadlines, with dispositive motions set to be heard by January 20, 2010. The parties jointly request and stipulate that the dispositive motion hearing deadline likewise be extended by one month, to be heard by February 24, 2010. IT IS SO STIPULATED. Dated: November 3, 2009 The Law Offices of John L. Burris /s/ Benjamin Nisenbaum Attorney for Plaintiff Jonathan Meas STIPULATION TO MODIFY CASE MANAGEMENT ORDER AND (PROPOSED) ORDER Case No. C 08-04075 PJH 2 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 26 27 28 Dated: November 3, 2009 DENNIS J. HERRERA City Attorney JOANNE HOEPER Chief Trial Deputy SCOTT D. WIENER Deputy City Attorney /s/ Scott D. Wiener Attorney for Defendants (PROPOSED) ORDER PURSUANT TO THE PARTIES' STIPULATION, the Case Management Order is hereby modified as follows: FRCP 26 Expert Witness Designation and Expert Reports shall be exchanged no later than December 18, 2009. Expert discovery shall be completed no later than February 15, 2010. Dispositive motions shall be heard no later than February 20. 2010. No other dates shall be affected by this modification to the Case Management Order in the S DISTRIC UNIT ED S above-entitled action. E AT T TC RT U O DISPOSITIVE MOTIONS ARE HEARD 120 DAYS BEFORE TRIAL, PARTIES MAY SUBMIT A STIPULATION THAT COMPORTS WITH THIS PRACTICE. ER N F D IS T IC T O R A C LI FO 11/9/09 DATED:______________ ilton s J. Ham _____________________________ e Phylli Judg Hon. Phyllis J. Hamilton UNITED STATES DISTRICT JUDGE R NIA IT IS SO ORDERED. DENIE D STIPULATION TO MODIFY CASE MANAGEMENT ORDER AND (PROPOSED) ORDER Case No. C 08-04075 PJH NO RT H 3

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