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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1 2 3 4 5 6 7 8 9 10 11 GEARINGER LAW GROUP 825 VAN NESS AVENUE, 4TH FLOOR SAN FRANCISCO, CALIFORNIA 94109-7847 Tel. (415) 440-3102 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: (415) 561-9600 Facsimile: (415) 561-9609 Attorneys for Plaintiff MICHAEL TOSCHI 12 13 IN THE UNITED STATES DISTRICT COURT 14 FOR THE NORTHERN DISTRICT OF CALIFORNIA 15 16 Case No. CV 13-2781 PJH MICHAEL TOSCHI, 17 Plaintiff, 18 v. 19 20 21 22 23 24 25 26 27 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. 28 FURTHER JOINT CASE MANAGEMENT CONFERENCE STATEMENT 1 U.S. DISTRICT COURT CASE NO. CV 13-2781 PJH 1 FURTHER CASE MANAGEMENT CONFERENCE STATEMENT 2 Counsel for the parties jointly respectfully submit the following case status update and 3 respectfully request that the Court continue the upcoming Case Management Conference, 4 currently scheduled for May 8, 2014, until July 10, 2014 or the next available court date, as 5 follows: 6 I. CASE STATUS UPDATE 7 This case was filed on June 17, 2013 by Plaintiff Michael Toschi. Defendants California 8 Highway Patrol (“CHP”) Officers Vu Williams and B. Boroja and CHP Sergeant S. Ramos 9 (collectively, “CHP Defendants”) answered the complaint on September 9, 2013. Defendants 10 County of San Mateo, Sheriff’s Deputy J. Dionida, and San Mateo County Sheriff’s Deputy J. 11 Gurkovic (collectively, “County Defendants”) also answered on September 9, 2013. 12 The Initial Case Management Conference (“CMC”) was scheduled for November 21, 13 2013. In connection with the Initial CMC, counsel for the parties filed a Joint CMC Statement 14 with the Court on November 11, 2013. Docket No. 19. On November 21, 2013, the court held 15 the Initial CMC with counsel for all parties present. In the Civil Minutes of the proceedings, the 16 Court wrote, “The court grants the parties joint request to continue the case management 17 conference until February to see if the trial in the state court proceeding resolves before setting a 18 schedule.” 19 Earlier this month, counsel for the parties were advised that the criminal trial against 20 Plaintiff, previously scheduled for April 1, 2014, had been continued to June 9, 2014, due to the 21 unavailability of a witness. 22 Since the Initial CMC, counsel for the parties have proceeded diligently with the case. 23 The parties have exchanged Initial Disclosures and entered into a stipulated protective order. 24 Counsel will continue with damages discovery and will attempt to negotiate whether any of the 25 legal issues raised in this case can be resolved by stipulation or whether a motion or motions will 26 be needed. 27 /// 28 /// FURTHER JOINT CASE MANAGEMENT CONFERENCE STATEMENT 2 U.S. DISTRICT COURT CASE NO. CV 13-2781 PJH 1 II. STIPULATION AND REQUEST TO CONTINUE CMC 2 Based on the facts set forth above, counsel for the parties stipulate to and respectfully 3 request that the Court continue the Further CMC in this case from Thursday, May 8, 2014 to 4 Thursday, July 10, 2014, or to the next available CMC date after July 10, 2014, to allow the 5 criminal case to proceed against Plaintiff. All counsel further stipulate that they will file a Joint 6 Further CMC Statement with an updated case status with the Court on Thursday, July 3, 2014. 7 8 Dated: April 30, 2014 9 10 Respectfully submitted, KAMALA D. HARRIS Attorney General of California JOHN P. DEVINE Supervising Deputy Attorney General 11 12 /s/ Amy W. Lo____________ 13 AMY W. LO Deputy Attorney General Attorneys for Defendants CHP Officer Vu Williams,CHP Officer B. Boroja, CHP Sgt. S. Ramos 14 15 16 17 Dated: April 30, 2014 Respectfully submitted, GEARINGER LAW GROUP 18 19 /s/ Brian Gearinger_________ 20 BRIAN GEARINGER, ESQ. Attorneys for Plaintiff Michael Toschi 21 22 23 Dated: April 30, 2014 24 Respectfully submitted, JOHN C. BEIERS SAN MATEO COUNTY COUNSEL 25 /s/ David A. Levy__________ 26 DAVID A. LEVY Deputy County Counsel Attorneys for Defendants County of San Mateo, Deputy Jay Dionida, Deputy Jesse Gurkovic 27 28 FURTHER JOINT CASE MANAGEMENT CONFERENCE STATEMENT 3 U.S. DISTRICT COURT CASE NO. CV 13-2781 PJH PROPOSED ORDER 1 4 Further Case Management Conference with the Court no later than Thursday, July 3, 2014. 6 Dated: May ___, 2014 RT U O ________________________________ S DISTRICT TE C TA HONORABLE PHYLLIS J. HAMILTON UNITED STATESEDISTRICT JUDGE D RED SO OR 6 IT IS hyllis J. NO 7 RT ER 9 n Hamilto A H 8 Judge P LI UNIT ED S 5 Thursday, May 8, 2014 is continued to Thursday, July 10, 2014. The parties are ordered to file a R NIA 3 Good cause appearing, the Further Case Management Conference currently set for FO 2 N F D IS T IC T O R C 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FURTHER JOINT CASE MANAGEMENT CONFERENCE STATEMENT 4 U.S. DISTRICT COURT CASE NO. CV 13-2781 PJH

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