Toschi v. Williams et al

Filing 27

ORDER CONTINUING CASE MANAGEMENT CONFERENCE re 26 Joint Case Management Statement, filed by S. Ramos, J. Gurkovic, J. Dionida, County of San Mateo, B. Boroja, Vu Williams, Michael Toschi. Joint Case Management Statement due by 5/1/2014. Case Management Conference set for 5/8/2014 02:00 PM. Signed by Judge Phyllis J. Hamilton on 2/18/14. (nahS, COURT STAFF) (Filed on 2/18/2014)

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KAMALA D. HARRIS
Attorney General of California
JOHN P. DEVINE
Supervising Deputy Attorney General
AMY W. LO
Deputy Attorney General
State Bar No. 194308
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants CHP Officer Vu Williams,
CHP Officer B. Boroja, CHP Sgt. S. Ramos

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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v.

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FURTHER JOINT CASE MANAGEMENT
CONFERENCE STATEMENT AND
[PROPOSED] ORDER RESCHEDULING
CASE MANAGEMENT CONFERENCE

Plaintiff,

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Case No. CV 13-02781 PJH

MICHAEL TOSCHI,

CHP OFFICER VU WILLIAMS (#19084),
CHP OFFICER B. BOROJA (#10108); CHP
SERGEANT S. RAMOS (#15267);
COUNTY OF SAN MATEO, SAN MATEO
COUNTY SHERIFF’S DEPUTY J.
DIONIDA (#905), SAN MATEO COUNTY
SHERIFF’S DEPUTY J. GURKOVIC
(#632), and DOES ONE to FIFTY, inclusive,

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Date: February 20, 2014
Time: 2:00 p.m.
Courtroom: 3 (Third Floor)
Judge: Honorable Phyllis J. Hamilton

Defendants.

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FURTHER CASE MANAGEMENT CONFERENCE STATEMENT
Counsel for the parties jointly respectfully submit the following case status update and

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respectfully request that the Court continue the upcoming Case Management Conference,

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currently scheduled for February 20, 2013, until May 8, 2013 or the next available court date, as

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follows:

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Further Joint CMC Statement and [Proposed] Order Rescheduling CMC (CV 13-02781 PJH)

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I.

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CASE STATUS UPDATE
This case was filed on June 17, 2013 by Plaintiff Michael Toschi. Defendants California

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Highway Patrol (“CHP”) Officers Vu Williams and B. Boroja and CHP Sergeant S. Ramos

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(collectively, “CHP Defendants”) answered the complaint on September 9, 2013. Defendants

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County of San Mateo, Sheriff’s Deputy J. Dionida, and San Mateo County Sheriff’s Deputy J.

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Gurkovic (collectively, “County Defendants”) also answered on September 9, 2013.

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The Initial Case Management Conference (“CMC”) was scheduled for November 21,

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2013. In connection with the Initial CMC, counsel for the parties filed a Joint CMC Statement

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with the Court on November 11, 2013. Docket No. 19. On November 21, 2013, the court held

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the Initial CMC with counsel for all parties present. In the Civil Minutes of the proceedings, the

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Court wrote, “The court grants the parties joint request to continue the case management

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conference until February to see if the trial in the state court proceeding resolves before setting a

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schedule.”

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At the end of January 2014, counsel for the parties were advised that the criminal trial

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against Plaintiff, previously scheduled for January 27, 2014, had been continued to April 1, 2014,

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due to a change in the lead defense counsel. Counsel for Plaintiff spoke with Plaintiff’s lead

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defense counsel in his criminal case, and the defense counsel stated that barring unforeseen

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circumstances (e.g., lack of an available courtroom), she fully expects the criminal case against

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Plaintiff to commence on April 1, 2014.

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Since the Initial CMC, counsel for the parties have proceeded diligently with the case.

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The parties have exchanged Initial Disclosures and entered into a stipulated protective order.

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Counsel will continue with damages discovery and will attempt to negotiate whether any of the

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legal issues raised in this case can be resolved by stipulation or whether a motion or motions will

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be needed.

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II.

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STIPULATION AND REQUEST TO CONTINUE CMC
Based on the facts set forth above, counsel for the parties stipulate to and respectfully

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request that the Court continue the Further CMC in this case from Thursday, February 20, 2015 to

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Thursday, May 8, 2015, or to the next available CMC date after May 8, 2015, to allow the
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Further Joint CMC Statement and [Proposed] Order Rescheduling CMC (CV 13-02781 PJH)

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criminal case to proceed against Plaintiff. All counsel further stipulate that they will file a Joint

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Further CMC Statement with an updated case status with the Court on Thursday, May 1, 2014.

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Dated: February 12, 2014

Respectfully submitted,
KAMALA D. HARRIS
Attorney General of California
JOHN P. DEVINE
Supervising Deputy Attorney General

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/s/ Amy W. Lo

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AMY W. LO, Deputy Attorney General
Attorneys for Defendants CHP Officer Vu
Williams,CHP Officer B. Boroja, CHP Sgt.
S. Ramos

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Dated: February 13, 2014

Respectfully submitted,
GEARINGER LAW GROUP

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/S/ BRIAN GEARINGER

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BRIAN GEARINGER, ESQ.
Attorneys for Plaintiff Michael Toschi

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Dated: February 12, 2014

Respectfully submitted,

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JOHN C. BEIERS
SAN MATEO COUNTY COUNSEL

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/s/ David Levy

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DAVID A. LEVY, Deputy County Counsel
Attorneys for Defendants County of San
Mateo, Deputy Jay Dionida, Deputy Jesse
Gurkovic

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Further Joint CMC Statement and [Proposed] Order Rescheduling CMC (CV 13-02781 PJH)

PROPOSED ORDER

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DATED: February 18 , 2014

S DISTRICT
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Honorable Phyllis J. Hamilton
ED
United StatesISDistrict Judge
ORDER
IT SO

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Judge Ph

amilton

yllis J. H

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2014.

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to file a Further Case Management Conference with the Court no later than Thursday, May 1,

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Thursday, February 20, 2014 is continued to Thursday, May ____, 2014. The parties are ordered

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Good cause appearing, the Further Case Management Conference currently set for

UNIT
ED

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D IS T IC T O
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Further Joint CMC Statement and [Proposed] Order Rescheduling CMC (CV 13-02781 PJH)