Hill et al v. Bay Area Rapid Transit District et al

Filing 37

ORDER GRANTING STIPULATION 36 . Settlement Conference set for 8/6/2013 is VACATED and will be rescheduled at a later date. Signed by Judge Nathanael Cousins on 8/5/13. (lmh, COURT STAFF) (Filed on 8/5/2013)

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1 2 3 4 5 6 7 8 DALE L. ALLEN, JR., SBN 145279 KEVIN P. ALLEN, SBN 252290 LOW, BALL & LYNCH 505 Montgomery Street, 7th Floor San Francisco, California 94111-2584 Telephone (415) 981-6630 Facsimile (415) 982-1634 Attorneys for Defendants SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT (Sued as Bay Area Rapid Transit District) (hereinafter "BART"); KENTON RAINEY in his official capacity as CHIEF OF POLICE FOR BART; JAMES CROWELL, individually and in his official capacity as a Police Officer for BART; and MYRON LEE, individually and in his official capacity as a Police Officer for BART 9 10 11 12 13 14 15 JOHN L. BURRIS, Esq. SBN 69888 ADANTE D. POINTER Esq. SBN 236229 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 Attorneys for Plaintiff CHRIS HILL, a personal representative of the ESTATE OF CHARLES HILL; The ESTATE OF CHARLES HILL 16 17 UNITED STATES DISTRICT COURT 18 NORTHERN DISTRICT OF CALIFORNIA 19 20 21 22 23 24 25 26 27 CHRIS HILL, a personal representative of the ) ESTATE OF CHARLES HILL; The ESTATE ) OF CHARLES HILL, ) ) Plaintiff, ) ) v. ) ) BAY AREA RAPID TRANSIT DISTRICT, et ) al. ) ) ) Defendants. ) ) Case No. 4:12-cv-00372 DMR JOINT STIPULATION TO CONTINUE MANDATORY SETTLEMENT CONFERENCE /// 28 -1STIPULATION TO CONTINUE MANDATORY SETTLEMENT CONFERENCE USDC CASE NO. 4:12-cv-00372 DMR 1 The parties hereby stipulate (and respectfully request) that the Mandatory Settlement 2 Conference currently scheduled for August 6, 2013 be rescheduled until mid-to-late September. 3 The reason for the request is Defendants’ Motion for Summary Judgment/Adjudication, 4 currently scheduled to be heard August 22, 2013. The likelihood of productive, successful MSC 5 is greater after the Motion is heard and ruled upon. 6 Because the parties do not know the exact date the Court will issue its ruling regarding 7 Defendants’ Motion, the parties respectfully request a date in mid-to-late September. If the 8 ruling has not been issued by then, the parties request a MSC date sometime after the ruling is 9 issued. 10 SO STIPULATED. 11 12 Dated: August 2, 2013 LOW, BALL & LYNCH 13 14 By ____________/s/_____________________ DALE L. ALLEN, JR. KEVIN P. ALLEN Attorneys for Defendants SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT (Sued as Bay Area Rapid Transit District) (hereinafter "BART"); KENTON RAINEY in his official capacity as CHIEF OF POLICE FOR BART; JAMES CROWELL, individually and in his official capacity as a Police Officer for BART; and MYRON LEE, individually and in his official capacity as a Police Officer for BART 15 16 17 18 19 20 21 22 Dated: August 2, 2013 LAW OFFICES OF JOHN L. BURRIS 23 24 25 26 27 By ___________/s/______________________ JOHN L. BURRIS ADANTE D. POINTER Attorneys for Plaintiff CHRIS HILL, a personal representative of the ESTATE OF CHARLES HILL; The ESTATE OF CHARLES HILL 28 -2STIPULATION TO CONTINUE MANDATORY SETTLEMENT CONFERENCE USDC CASE NO. 4:12-cv-00372 DMR 1 [PROPOSED] ORDER 2 Pursuant to the Stipulated Request herein, it is HEREBY ORDERED that the Mandatory 3 Settlement Conference -- currently scheduled for August 6, 2013 -- be vacated. It will be 4 rescheduled for a later date, pending the Court’s ruling on Defendants’ pending Motion for 5 Summary Judgment/Summary Adjudication. 6 IT IS SO ORDERED. 14 ER H 13 thanael M Judge Na FO . Cousins R NIA ___________________________________ HON. NATHANAEL COUSINS RT 12 August 5, 2013 LI 11 Dated: TED A 10 UNIT ED 9 GRAN NO 8 RT U O S 7 S DISTRICT TE C TA N F D IS T IC T O R C 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3STIPULATION TO CONTINUE MANDATORY SETTLEMENT CONFERENCE USDC CASE NO. 4:12-cv-00372 DMR

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