Dixon v. City of Oakland et al

Filing 52

Order by Magistrate Judge Donna M. Ryu granting 51 Stipulation.(dmrlc2, COURT STAFF) (Filed on 1/27/2014)

Case4:12-cv-05207-DMR Document51 Filed01/24/14 Page1 of 5

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MICHAEL J. HADDAD (State Bar No. 189114)
JULIA SHERWIN (State Bar No. 189268)
GENEVIEVE K. GUERTIN (State Bar No. 262479)
HADDAD & SHERWIN
505 Seventeenth Street
Oakland, California 94612
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiff
PETER DIXON

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PETER DIXON individually,
Plaintiff,

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vs.

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CITY OF OAKLAND and the
OAKLAND POLICE DEPARTMENT,
public entities, SERGEANT BERNARD
ORTIZ, OFFICER STEVEN TORIBIO,
OFFICER PATRICK GERRANS,
OFFICER ROBERT GERRANS,
OFFICER R. GARCIA, PERSONAL
PROTECTIVE SERVICES, INC., a
California corporation, DEMONT
MARROW, STANLEY TEETS,
MEREDITH WILSON, RENE GARCIA,
LADALE SLOCUM and DOES 5
through 10, individually, jointly and
severally,

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Defendants.

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Case No. C12-5207 DMR

STIPULATION AND (PROPOSED)
ORDER TO AMEND CASE
MANAGEMENT ORDER

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Case No. C12-5207 DMR - STIPULATION AND (PROPOSED) ORDER TO AMEND CASE
MANAGEMENT ORDER

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Case4:12-cv-05207-DMR Document51 Filed01/24/14 Page2 of 5

ALL PARTIES, THROUGH THEIR RESPECTIVE COUNSEL OF RECORD, HEREBY

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STIPULATE, AND REQUEST THIS COURT TO ORDER, THAT the case management order

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be amended as follows:

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This is a complex civil rights case with 10 individual Defendants and 6 remaining Doe
Defendants. The parties have exchanged initial disclosures, exchanged written discovery, and
have subpoenaed records. Plaintiff has taken eight depositions. Defendants have completed
Plaintiff's deposition. The depositions of the remaining Defendants must still be completed.
Defendant Oakland Police Sergeant Bernard Ortiz continues to suffer from serious health

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issues for which his healthcare providers have ordered him off work. Due to these serious health

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issues he has been unable to participate in a deposition thus far. These health issues are ongoing,

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and at this time Defendant Ortiz is uncertain as to when they will be resolved.

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Trial in this case is currently set for July 7, 2014. The parties currently have a settlement
conference scheduled in this matter for February 13, 2013 with the Honorable Nathanael M.
Cousins. Expert reports are subsequently due February 25, 2014, rebuttal expert reports are due

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on March 11, 2014 and expert discovery will close on March 25, 2014. Fact discovery is set to

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close on February 25, 2014.

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In order to maximize the chances of settlement, to avoid incurring otherwise unnecessary
costs, and in light of Defendant Ortiz's continuing health condition, the parties stipulate to
continue the deadlines for completion of expert discovery and for a modest extension of the
deadline for completion of fact discovery. This is the second request for extension of such
deadlines. The parties do not anticipate that such an extension will affect the trial date of July 7,
2014.

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Case No. C12-5207 DMR - STIPULATION AND (PROPOSED) ORDER TO AMEND CASE
MANAGEMENT ORDER

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Case4:12-cv-05207-DMR Document51 Filed01/24/14 Page3 of 5

Therefore, the parties respectfully request that this Court continue the current deadlines in

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this matter as follows:

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Deadline Description

Current Deadline/Date

Proposed Modified
Deadline/Date

Completion of Fact Discovery

February 25, 2014

March 11, 2014

Disclosure of Expert Witnesses’
Identities and Reports

February 25, 2014

April 8, 2014

Dispositive Motion Hearing
Deadline

April 24, 2014

No change

Settlement Conference

February 13, 2014

No change

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Disclosure of Rebuttal Expert
Witnesses' Identity and Reports

March 11, 2014

April 22, 2014

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Completion of Expert Discovery

March 25, 2014

June 2, 2014

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Pretrial Conference

March 18, 2014

Any appropriate time per
the Court’s schedule

Trial

July 7, 2014

No change

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June 25, 2014 at 3:00 p.m.

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SO STIPULATED:

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DATED: January 21, 2014

HADDAD & SHERWIN

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/s/ Michael J. Haddad*

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MICHAEL J. HADDAD
Attorneys for Plaintiff PETER DIXON

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DATED: January 21, 2014

OFFICE OF THE CITY ATTORNEY OF
OAKLAND
/s/ Arlene M. Rosen*________________
ARLENE M. ROSEN, Senior Deputy City Attorney
Attorneys for Defendants CITY OF OAKLAND,
BERNARD ORTIZ, STEVEN TORIBIO, PATRICK
GERRANS, ROBERT GERRANS and R. GARCIA

Case No. C12-5207 DMR - STIPULATION AND (PROPOSED) ORDER TO AMEND CASE
MANAGEMENT ORDER

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Case4:12-cv-05207-DMR Document51 Filed01/24/14 Page4 of 5

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DATED: January 21, 2014

BREMER WHYTE BROWN & O’MEARA LLP
/s/ Lance Pedersen*_____________________
LANCE PEDERSEN
Attorneys for Defendants PERSONAL
PROTECTIVE SERVICES, INC., DEMONT
MARROW, STANLEY TEETS, LADALE
SLOCUM, MEREDITH WILSON and RENE
GARCIA

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*Mr. Haddad, Ms. Rosen and Mr. Pedersen provided their consent that this document be
electronically filed.

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Case No. C12-5207 DMR - STIPULATION AND (PROPOSED) ORDER TO AMEND CASE
MANAGEMENT ORDER

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Case4:12-cv-05207-DMR Document51 Filed01/24/14 Page5 of 5

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(PROPOSED) ORDER

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Pursuant to stipulation of the parties and good cause appearing therefore, IT IS SO
ORDERED.

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ER

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HONORABLE DONNA M. RYU
. Ryu
United StatesgMagistrate M
Donna Judge
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Dated: January 27, 2014________

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Case No. C12-5207 DMR - STIPULATION AND (PROPOSED) ORDER TO AMEND CASE
MANAGEMENT ORDER

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