White v. City and County of San Francisco et al

Filing 23

STIPULATION AND ORDER CONTINUING DEADLINE TO CONDUCT MEDIATION AND CONTINUING CASE MANAGEMENT CONFERENCE re 22 Stipulation, filed by Derrick J. Lew, David Correa, Ajay Singh, City and County of San Francisco, Heather Fong. Signed by Judge Phyllis J. Hamilton on 8/25/09. (nah, COURT STAFF) (Filed on 8/25/2009)

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DENNIS J. HERRERA, State Bar #139669 City Attorney JOANNE HOEPER, State Bar #114961 Chief Trial Deputy CELIA W. LEE, State Bar #172981 Deputy City Attorney 1390 Market Street, 6th Floor San Francisco, California 94102-5408 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO, HEATHER FONG, DERRICK LEW, DAVID CORREA, and AJAY SINGH UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JAMES B. WHITE, Plaintiff, vs. CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation; HEATHER FONG, in her capacity as Chief of Police for CITY AND COUNTY OF SAN FRANCISCO; DERRICK J. LEW; CHRISTIAN BERGE; DAVID CORREA; AJAY SINGH; HERMAN LUEDTKE; and Officer MARTIN, individually, and in their capacity as police officers for CITY AND COUNTY OF SAN FRANCISCO; and, DOES 1-25, inclusive, Defendants. Case No. C08-05419 PJH STIPULATED AND [PROPOSED] ORDER CONTINUING DEADLINE TO CONDUCT MEDIATION AND CONTINUING CASE MANAGEMENT CONFERENCE

Plaintiff JAMES B. WHITE and Defendants CITY AND COUNTY OF SAN FRANCISCO ("CCSF"), HEATHER FONG, DERRICK LEW, DAVID CORREA, and AJAY SINGH in the abovereferenced matter, through their respective counsel, stipulate as follows: On April 2, 2009, at the Case Management Conference, the Court referred the parties to courtsponsored mediation, which was to be completed in 150 days, or by August 31, 2009. The Court also
Stipulation and Order to Continue Mediation, CMC White v. CCSF, et al. ­ USDC No. C08-05419 PJH

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set a further Case Management Conference for September 3, 2009, at 2:30 p.m., with a Joint Case Management Statement due on August 27, 2009. On April 16, 2009, the Court appointed mediator Christopher Johns of Johns & Allyn. The parties and mediator Johns conferred and agreed on a mediation date of August 27, 2009 in order to allow time for the parties to accomplish some discovery prior to the mediation. Based on an extended illness this summer, counsel for the City and officer defendants (Deputy City Attorney Celia Lee) has been unable to accomplish discovery ­ written discovery and depositions ­ prior to a mediation taking place. In addition, counsel for plaintiff White has not yet completed discovery. The parties have met and conferred and agree that based on the foregoing circumstances, additional time is required for discovery to take place prior to a mediation. Accordingly, the parties request that the Court extend the parties' deadline for completing the mediation an additional 120 days, or December 31, 2009. The Court-appointed mediator does not object to the parties' request for a continuance of the mediation deadline. In addition, in light of the foregoing circumstances, the parties agree that the further Case Management Conference set for September 3, 2009 should be continued until after the mediation takes place so that the parties may report to the Court on the mediation, and hereby request that it be so continued. IT IS SO STIPULATED. Dated: August 20, 2009 DENNIS J. HERRERA City Attorney JOANNE HOEPER Chief Trial Deputy CELIA W. LEE Deputy City Attorney -/s/By: CELIA W. LEE Attorneys for Defendant CITY AND COUNTY OF SAN FRANCISCO Celia W, Lee

Stipulation and Order to Continue Mediation, CMC White v. CCSF, et al. ­ USDC No. C08-05419 PJH

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 By: Dated: August 20, 2009 LAW OFFICES OF JOHN L. BURRIS -/s/- John L. Burris By: Dated: August 18, 2009 LAW OFFICES OF GAYLA B. LIBET -/s/- Gayla B. Libet

GAYLA B. LIBET Attorneys for Plaintiff JAMES B. WHITE

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___ JOHN L. BURRIS Attorneys for Plaintiff JAMES B. WHITE *Pursuant to GO 45, the electronic signatory has obtained approval from this signatory. ORDER

Based on the above stipulation, and for good cause appearing, the deadline to conduct a mediation in this case is continued to and including December 31, 2009. In addition, the Case Management Conference set for September 3, 2009 is hereby continued to January 7, 2010, at 2:30 p.m.

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THE HONORABLE PHYLLISED DER HAMILTON
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Dated: 8/25/09

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