L.S. et al v. City of Oakland et al

Filing 38

ORDER re 36 granting STIPULATION To Continue Date For Completion of Mediation. Signed by Judge Claudia Wilken on 12/30/09. (scc, COURT STAFF) (Filed on 12/30/2009)

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John J. Verber, State Bar No. 139917 James Y. Higa, State Bar No. 225683 BURNHAM BROWN A Professional Law Corporation P. O. Box 119 Oakland, California 94604 --1901 Harrison Street, 11th Floor Oakland, California 94612 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] Attorneys for Defendant ALAN LEAL

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA L.S., by and through his guardian ad litem, LAURIAN STUDESVILLE, Plaintiffs, v. CITY OF OAKLAND, a municipal corporation; WAYNE TUCKER, in his official capacity as Chief of Police for the City of Oakland; ALAN LEAL, individually, and in his capacity as a police officer for the City of Oakland; and City of Oakland police officers DOES 1-25, inclusive, Defendants. Case No. C09-03004 CW STIPULATION AND ORDER TO CONTINUE DATE FOR COMPLETION OF MEDIATION

WHEREAS, on July 2, 2009, Plaintiff filed his Complaint in the above-captioned matter; WHEREAS this Court had previously set a Court-connected mediation completion date of December 23, 2009, and had assigned Gail Killefer, Esq. as the Court-appointed mediator to hear this matter; /// ///
1 STIPULATION AND [PROPOSED] ORDER TO CONTINUE DATE FOR COMPLETION OF MEDIATION
No. C09-03004 CW

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WHEREAS, on November 3, 2009, Ms. Killefer initiated a premediation conference call with respective counsel for each party in the effort to preview the case and to set a date for mediation; WHEREAS, on November 3, 2009, Defendant ALAN LEAL's Motion to Dismiss Pursuant to Fed. R. Civ. Proc. 12(b)(6) was still pending, and, consequently, the nature of claims pending and parties involved in the case at that time remained uncertain and in dispute; WHEREAS, on November 3, 2009, in light of Defendant ALAN LEAL's pending Motion, Ms. Killefer and respective counsel for each party agreed the matter was not ready for mediation, and, accordingly, set a further premediation conference call for January 5, 2010, assuming all issues regarding parties and claims would be resolved by that time.

THE PARTIES, BY AND THROUGH THEIR RESPECTIVE COUNSEL OF RECORD, DO HEREBY STIPULATE, AGREE AND RESPECTFULLY SUBMIT TO THE COURT THAT: The deadline for completion of Court-connected mediation be continued to March 31, 2010, or such other time as the Court deems appropriate. IT IS SO STIPULATED. DATED: December 22, 2009 BURNHAM BROWN

By_______/s/____________________ JAMES Y. HIGA Attorneys for Defendant ALAN LEAL

DATED: December 22, 2009

OAKLAND CITY ATTORNEY'S OFFICE

By_______/s/____________________ CHARLES E. VOSE Attorneys for Defendant CITY OF OAKLAND and WAYNE TUCKER
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No. C09-03004 CW

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No. C09-03004 CW
982373

DATED: December 22, 2009

LAW OFFICES OF JOHN L. BURRIS

By_______/s/____________________ ADANTE D. POINTER Attorneys for Plaintiff L.S., by and through his guardian ad litem, LAURIAN STUDESVILLE

DATED: December 30, 2009 ___________________________________________ HONORABLE CLAUDIA WILKEN JUDGE OF THE UNITED STATES DISTRICT COURT I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this efiled document.