Downes v. The City and County of San Francisco et al

Filing 56

ORDER Granting 54 Stipulation Resolving (re 53 Administrative MOTION for Extension of Time to Accept Defendants' Offer to Compromise Pursuant to Rule 68. Signed by Judge Claudia Wilken on 4/8/2011. (ndr, COURT STAFF) (Filed on 4/8/2011)

Downes v. The City and County of San Francisco et al

Doc. 56

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DENNIS J. HERRERA, State Bar #139669 City Attorney JOANNE HOEPER, State Bar #114961 Chief Trial Deputy SEAN F. CONNOLLY, State Bar #152235 PETER J. KEITH, State Bar #206482 Deputy City Attorney 1390 Market Street, Sixth Floor San Francisco, California 94102-5408 Telephone: [phone] (Keith) Facsimile: [phone] E-Mail: [e-mail] Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO SHERIFF MICHAEL HENNESSEY, JAN DEMPSEY, JOHNA PECOT, JOHN GARCIA, JOHN CASEY, MATTHEW WONG, TONYETTE SMITH-AL GHANI, JUAN GUITRON, EDWARD GUTIERREZ, MEL SONG, KENNETH LOMBA, DAN WHITE, KEVIN MACKSOUD, PAULA AVERY, AND EMMANUEL BULATAO UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ESTHER DOWNES, IN HER INDIVIDUAL CAPACITY AND AS PERSONAL REPRESENTATIVE FOR ISSIAH DOWNES AND THE ESTATE OF ISSIAH DOWNES, Plaintiffs, vs. THE CITY AND COUNTY OF SAN FRANCISCO; Sheriff MICHAEL HENNESSEY; Undersheriff JANET DEMPSEY; Capt. JONAH PECOT; Lt. JOHN GARCIA; Lt. JOHN CASEY; Senior Deputy MATTHEW WONG; Dpeuty SMITH-ALGHANI; Deputy JUAN GUITRON; Deputy EDWARD GUTIERREZ; Deputy MEL SONG; Deputy KEN LOMBA; Deputy DAN WHITE; Deuty KEVIN MACKSOUD; PAULA AVERY; EMMANUEL BULATO; and DOES 1 THRU 100, all in their individual and official capacities, Defendants. Case No. C10-4451 CW STIPULATION RESOLVING PLAINTIFF'S ADMINISTRATIVE MOTION TO EXTEND TIME TO ACCEPT DEFENDANTS' OFFER TO COMPROMISE PURSUANT TO RULE 68 ORDER

Stipulation Re Admin Motion Downes v. CCSF, et al; No. 10-cv-4451 CW

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STIPULATION On Friday April 1, 2011, Plaintiffs filed an administrative motion to extend time to

accept Defendants' Offer to Compromise made under Rule 68, pursuant to the provisions of Rule 6 regarding the extension of time. (Document # 53.) 5 2. 6 resolve the matters contained in the administrative motion by this stipulation. The parties respectfully 7 request that the Court endorse this stipulation by executing the proposed order submitted herewith. 8 3. 9 2011 at 9 a.m. Pacific Daylight Time. 10 4. 11 until April 19, 2011. However, this limitation shall not apply to a deposition notice served by 12 Plaintiffs to take the deposition of Esther Downes on a date after April 19, 2011. 13 5. 14 will be deemed withdrawn. 15 6. 16 compromise of a disputed matter and shall not be construed as an admission by Defendants that the 17 matters stated in Plaintiff's motion are correct, nor shall it be construed as an admission by Plaintiff 18 that the matters stated in Plaintiff's motion are incorrect. 19 IT IS SO STIPULATED. 20 21 22 23 24 25 26 27 28
Stipulation Re Admin Motion Downes v. CCSF, et al; No. 10-cv-4451 CW

Counsel for Plaintiffs and Defendants have met and conferred and have agreed to

Defendants' March 24, 2011 Offer to Compromise shall remain open until April 19,

Defendants' time to respond to any discovery served by Plaintiffs shall not begin to run

Upon the Court's execution of this proposed order, Plaintiffs' administrative motion

The parties' stipulation to this resolution of Plaintiffs' administrative motion is a

Dated: April 4, 2011

DENNIS J. HERRERA City Attorney JOANNE HOEPER Chief Trial Deputy SEAN F. CONNOLLY PETER J. KEITH Deputy City Attorneys By: Peter J. Keith PETER J. KEITH Attorneys for Defendants

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Dated: April 4, 2011

LAW OFFICES OF GERI LYNN GREEN

By: /s/* Geri Lynn Green Attorneys for Plaintiffs *Pursuant to GO 45, the electronic signatory has obtained approval from this signatory. ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: 4/8/2011 HONORABLE CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

Stipulation Re Admin Motion Downes v. CCSF, et al; No. 10-cv-4451 CW

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