Estate of Amilcar Perez Lopez et al v. Suhr et al

Filing 119

ORDER by Judge Haywood S. Gilliam, Jr. Granting 118 Stipulation To Modify Case Management Order. Responses due by 2/8/2018; Replies due by 2/15/2018; Dispositive Motion due by 1/25/2018; Motion Hearing set for 2/22/2018 02:00 PM before Judge Haywood S. Gilliam Jr.; Final Pretrial Conference set for 4/10/2018 03:00 PM.; Jury Selection /Jury Trial set for 4/16/2018 08:30 AM before Judge Haywood S Gilliam Jr.. (ndrS, COURT STAFF) (Filed on 12/1/2017)

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DENNIS J. HERRERA, City Attorney
CHERYL ADAMS, State Bar #164194
Chief Trial Deputy
SEAN CONNOLLY, State Bar #152235
JAMES F. HANNAWALT, State Bar #139657
Deputy City Attorneys
1390 Market Street, 6th Floor
San Francisco, California 94102-5408
Telephone: [phone] [Connolly]
Telephone: [phone] [Hannawalt]
Facsimile: [phone]
E-Mail:
[e-mail]
E-Mail:
[e-mail]

Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO (including
SAN FRANCISCO POLICE DEPARTMENT),
9 GREG SUHR, CRAIG TIFFE, and ERIC REBOLI
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ARNOLDO CASILLAS, ESQ., State Bar #158519
DENISSE O. GASTÉLUM, ESQ., State Bar #282771
11 CASILLAS & ASSOCIATES
3777 Long Beach Blvd., 3rd Floor
12 Long Beach, CA 90807
Tel: [phone]
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Email: [e-mail]
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Attorneys for Plaintiffs
ESTATE OF AMILCAR PEREZ LOPEZ, JUAN PEREZ,
MARGARITA LOPEZ PEREZ
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ESTATE OF AMILCAR PEREZ
LOPEZ, by and through successors in
interest, JUAN PEREZ and
20 MARGARITA LOPEZ PEREZ;
JUAN PEREZ, individually;
21 MARGARITA LOPEZ PEREZ,
individually,
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Plaintiffs,
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vs.

Case No. 15-cv-01846 HSG (JSC)
STIPULATION AND ORDER TO
MODIFY CASE MANAGEMENT
ORDER
Trial Date:

March 26, 2018

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CHIEF OF POLICE GREG SUHR;
CITY AND COUNTY OF SAN
25 FRANCISCO; SAN FRANCISCO
POLICE DEPARTMENT; OFFICER
26 CRAIG TIFFE (Badge No. 1312);
OFFICER ERIC REBOLI (Badge No.
27 1651), and DOES 1 to 10,
Defendants.
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STIPULATION AND ORDER TO MODIFY CASE MANAGEMENT ORDER

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Additional Counsel for Plaintiffs:

JONATHAN D. MELROD, ESQ., State Bar #136441
1313 Scheibel Lane
Sebastopol, CA 954 72
3 Telephone: [phone]
Email: [e-mail]
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WILLIAM M. SIMPICH, JR., ESQ., State Bar #106672
1736 Franklin Street, 10th Floor
Oakland, CA 94612
6 Telephone: [phone]
Email: [e-mail]
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STIPULATION AND ORDER TO MODIFY CASE MANAGEMENT ORDER

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
WHEREAS, the date set for trial in this matter is March 26, 2018; the pretrial

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conference is set for March 13, 2018, and significant related pretrial submission dates of

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February 20, 2018, and February 27, 2018 (Dkts. 78 and 96);

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WHEREAS, the deadline to file dispositive motions is November 9, 2017;

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WHEREAS, the deadline to complete expert discovery is November 15, 2017;

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WHEREAS, the parties have completed extensive fact discovery, including

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witness depositions;
WHEREAS, the parties have completed expert and expert rebuttal disclosures,

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and have disclosed a combined 14 expert witnesses;

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WHEREAS, the parties have met and conferred regarding fact discovery, expert

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discovery, outstanding discovery disputes, dispositive motions, and various scheduling

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and other issues related to this litigation;

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WHEREAS, plaintiffs filed a motion for stay of proceedings (Dkt. 105);

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WHEREAS, the parties submitted a stipulation and request to modify the case

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management order in order, including the reasons for the request (Dkt. 108);

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WHEREAS, the parties convened on November 7, 2017, with the Court in a

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conference call to discuss the outstanding motions, stipulation, status of discovery,

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expert discovery, dispositive motions, and related issues (Dkt. 109);
WHEREAS, upon request of the parties, the Court referred this case to a

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magistrate judge for settlement conference (Dkt. 110);

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WHEREAS, the Court denied plaintiffs’ motion for stay (Dkt. 112);

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WHEREAS, in accordance with the Court’s instruction, the parties have met and

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conferred and propose the following modifications to the Court’s case management

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order;

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WHEREAS, thereafter the parties conferred with Magistrate Judge Beeler

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regarding a settlement conference. The parties and the court discussed the need for

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Plaintiffs to attend the proceedings in person. Given that they live in a remote region of
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STIPULATION AND ORDER TO MODIFY CASE MANAGEMENT ORDER

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Guatemala, plaintiffs’ counsel informed the court and defendants’ counsel that the

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process to get the plaintiffs here is time-consuming, taking approximately 45 days to

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secure the necessary visa approval from the Department of Homeland Security and the

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US Embassy in Guatemala. Plaintiffs’ counsel sought the court’s permission to have the

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plaintiffs available by phone and to proceed with the settlement conference with their

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authority to settle the case. After discussing this issue in detail, the parties and the court

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agreed that the plaintiffs’ presence was necessary to have a meaningful settlement

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conference. The court offered to schedule the settlement conference for January 19,

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2018 to allow plaintiffs the necessary time to obtain permission to attend the settlement

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conference. Plaintiffs’ counsel and Defendants’ counsel accepted the date for the

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proceeding. Plaintiffs’ counsel has started the process of arranging for Plaintiffs’

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arrival in San Francisco for the settlement conference.
WHEREAS, the parties submitted a stipulation and [proposed] order to modify

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case management on November 20, 2017 (Dkt. 115);
WHEREAS, the parties received an electronic communication from the Court on

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November 20, 2017 instructing the parties to correct certain defects contained in the

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stipulation and [proposed] order to modify case management filed on November 20,

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2017;

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WHEREAS, the parties convened on November 28, 2017, with the Court in a

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conference call to discuss the pending stipulation and [proposed] order to modify case

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management;

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WHEREAS, the Court ordered the parties to file a revised stipulation and
[proposed] order to modify case management;
THEREFORE, the parties propose to modify the case management order as
follows:
1. extend the dispositive motion filing deadline to January 25, 2018, and set a

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briefing schedule which will allow the opposing papers to be filed on

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February 8, 2018 and the reply papers to be filed on February 15, 2018;
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STIPULATION AND ORDER TO MODIFY CASE MANAGEMENT ORDER

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2. extend the dispositive motion hearing deadline to February 22, 2018 at 2:00
p.m.;

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3. extend the deadline for the completion of expert discovery to March 2, 2018;

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4. reschedule the Pre-trial Conference for April 10, 2018 at 3 p.m.; and

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5. reschedule the trial to April 16, 2018.

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IT IS SO STIPULATED.

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Dated: November 30, 2017

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By: /s/ Sean Connolly
SEAN F. CONNOLLY
JAMES F. HANNAWALT
Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO
(including SAN FRANCISCO POLICE
DEPARTMENT),
GREG SUHR, CRAIG TIFFE, AND ERIC
REBOLI

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DENNIS J. HERRERA
City Attorney
CHERYL ADAMS
Chief Trial Deputy
SEAN F. CONNOLLY
JAMES F. HANNAWALT
Deputy City Attorneys

Dated: November 30, 2017

CASILLAS & ASSOCIATES

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By: /s/ Arnoldo Casillas
ARNOLDO CASILLAS
DENISSE O. GASTÉLUM
Attorneys for Plaintiffs
ESTATE OF AMILCAR PEREZ LOPEZ, BY
AND THROUGH SUCCESSORS IN
INTEREST, JUAN PEREZ AND MARGARITA
LOPEZ PEREZ; JUAN PEREZ,
INDIVIDUALLY; MARGARITA LOPEZ
PEREZ, INDIVIDUALLY

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STIPULATION AND ORDER TO MODIFY CASE MANAGEMENT ORDER

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ORDER
R
Based on th above st
B
he
tipulation, and for go cause a
ood
appearing, IT IS ORD
DERED
as follow
ws:

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1. the dispo
ositive mot
tion filing deadline w be exte
will
ended to Ja
anuary 25, 2018,
2. the oppo
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osing paper to the di
rs
ispositive m
motion wil be filed o Februar 8,
ll
on
ry
2018,
3. the reply papers to the dispos
y
o
sitive moti will be filed on F
ion
February 15 2018;
5,
4. the dispo
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ositive mot
tion hearin deadline will be ex
ng
e
xtended to February 22, 2018
at 2:00 p.m.;
p
5. the dead
dline for the completi of expe discove will be extended t March
e
ion
ert
ery
to
2, 2018;
6. the Pre-t
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trial Confe
erence will be resched
duled to A
April 10, 20 at 3 p.m and
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m.;
7. the trial will be res
scheduled to April 16 2018.
t
6,
DERED.
SO ORD
r
Dated: December 1, 2017
THE HONORAB
H
BLE HAY
YWOOD S. GILLIAM JR.
M
UNITE STATE DISTR
ED
ES
RICT JUDG
GE

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STIPULATI
ION AND ORDER TO MODIFY C
R
CASE MANAGEM
MENT ORDER