Toschi v. Williams et al

Filing 29

ORDER CONTINUING CASE MANAGEMENT CONFERENCE re 28 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 7/3/2014. Case Management Conference set for 7/10/2014 02:00 PM. Signed by Judge Phyllis J. Hamilton on 5/6/14. (nahS, COURT STAFF) (Filed on 5/6/2014)

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GEARINGER LAW GROUP
825 VAN NESS AVENUE, 4TH FLOOR
SAN FRANCISCO, CALIFORNIA
94109-7847
Tel. [phone]

BRIAN GEARINGER (State Bar #146125)
COLLEEN KELLEY (State Bar #238294)
John Houston Scott (SBN 72578)
Lizabeth N. de Vries (SBN 227215)
SCOTT LAW FIRM
1388 Sutter Street, Suite 715
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff MICHAEL TOSCHI

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Case No. CV 13-2781 PJH

MICHAEL TOSCHI,
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Plaintiff,

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v.

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FURTHER JOINT CASE
MANAGEMENT CONFERENCE
STATEMENT AND ORDER

Date Action Filed:
CALIFORNIA HIGHWAY PATROL
Trial Date: Not set.
OFFICER VU WILLIAMS (#19084), an
individual; CALIFORNIA HIGHWAY
PATROL OFFICER B. BOROJA (#20108),
an individual; CALIFORNIA HIGHWAY
PATROL SERGEANT S. RAMOS (#15267),
an individual; COUNTY OF SAN MATEO,
a public entity; SAN MATEO COUNTY
SHERIFF’S DEPUTY J. DIONIDA (#905),
an individual; SAN MATEO COUNTY
SHERIFF’S DEPUTY J. GURKOVIC
(#632), an individual; and DOES ONE to
FIFTY, inclusive.

June 17, 2013

Defendants.

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FURTHER JOINT CASE MANAGEMENT CONFERENCE
STATEMENT

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U.S. DISTRICT COURT CASE NO. CV 13-2781 PJH

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FURTHER CASE MANAGEMENT CONFERENCE STATEMENT

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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 May 8, 2014, until July 10, 2014 or the next available court date, as

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follows:

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I.

CASE STATUS UPDATE

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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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Earlier this month, counsel for the parties were advised that the criminal trial against

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Plaintiff, previously scheduled for April 1, 2014, had been continued to June 9, 2014, due to the

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unavailability of a witness.

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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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///

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FURTHER JOINT CASE MANAGEMENT CONFERENCE
STATEMENT

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U.S. DISTRICT COURT CASE NO. CV 13-2781 PJH

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II.

STIPULATION AND REQUEST TO CONTINUE CMC

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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, May 8, 2014 to

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Thursday, July 10, 2014, or to the next available CMC date after July 10, 2014, to allow the

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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, July 3, 2014.

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Dated: April 30, 2014

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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: April 30, 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: April 30, 2014

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Respectfully submitted,
JOHN C. BEIERS
SAN MATEO COUNTY COUNSEL

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/s/ David A. 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 CASE MANAGEMENT CONFERENCE
STATEMENT

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U.S. DISTRICT COURT CASE NO. CV 13-2781 PJH

PROPOSED ORDER

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Further Case Management Conference with the Court no later than Thursday, July 3, 2014.
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Dated: May ___, 2014

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________________________________
S DISTRICT
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HONORABLE PHYLLIS J. HAMILTON
UNITED STATESEDISTRICT JUDGE
D RED
SO OR

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IT IS

hyllis J.

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Hamilto

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Judge P

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Thursday, May 8, 2014 is continued to Thursday, July 10, 2014. The parties are ordered to file a

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

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FURTHER JOINT CASE MANAGEMENT CONFERENCE
STATEMENT

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U.S. DISTRICT COURT CASE NO. CV 13-2781 PJH