Baldwin et al v. Colley et al

Filing 26

STIPULATION AND ORDER GRANTING re 25 STIPULATION WITH PROPOSED ORDER Continuing Deadline for Mediation filed by City of Antioch, California, Antioch Police Department, James Colley, Malad Baldwin, Kathryn Wade, Casey Brogdon. Signed by Magistrate Judge Kandis A. Westmore on 11/4/15. (sisS, COURT STAFF) (Filed on 11/4/2015)

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1 2 3 4 5 6 Attorneys for Defendants OFFICER JAMES COLLEY, OFFICER CASEY BROGDON, ANTIOCH POLICE DEPARTMENT; and CITY OF ANTIOCH 8 9 ATTORNEYS AT LAW 1211 NEWELL AVENUE, WALNUT CREEK, CA 94596 TELEPHONE: (925) 939-5330 McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP 7 JAMES V. FITZGERALD, III (State Bar No. 55632) NOAH G. BLECHMAN (State Bar No. 197167) ELIZABETH M. DOOLEY (State Bar No. 289510) MCNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP 1211 Newell Avenue Walnut Creek, CA 94596 Telephone: (925) 939-5330 Facsimile: (925) 939-0203 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 MALAD BALDWIN AND KATHRYN WADE, 13 Plaintiffs, 14 Case No. C15-02762 KAW STIPULATION AND [PROPOSED] ORDER CONTINUING DEADLINE FOR MEDIATION vs. 15 16 17 18 19 OFFICER JAMES COLLEY (#4705), in his official and individual capacities, OFFICER CASEY BROGDON (#5334), in his official and individual capacities, ANTIOCH POLICE DEPARTMENT, and CITY OF ANTIOCH, CALIFORNIA , Defendants. 20 21 22 IT IS HEREBY STIPULATED AND AGREED, by and between the parties to this action, through their respective counsel of record, as follows: 23 WHEREAS the parties are respectfully requesting that the Court continues the deadline 24 for mediation for several months, until after the parties have had sufficient time to conduct 25 discovery and go forward with mediation. 26 27 28 WHEREAS currently this matter has a deadline to mediate this case by essentially December 31, 2015. (See ECF 17). WHEREAS the parties and mediator have agreed on a tentative mediation date of March STIPULATION AND ORDER CONTINUING DEADLINE FOR MEDIATION C15-02762 KAW 1 15, 2016, which was set to give the parties some time for discovery and per the availability of 2 counsel and the mediator. 3 4 WHEREAS this matter currently has the Initial Case Management Conference set with Your Honor for January 19, 2016. WHEREAS the parties need some time for discovery before mediation can go forward. 6 As such, the parties jointly request the Court set the new mediation deadline to April 15, 2016. 7 Our assigned mediator, Ms. Rachel Ehrlich, agrees with the timing as set forth herein. 8 WHEREAS good cause exists to continue the mediation deadline. 9 ATTORNEYS AT LAW 1211 NEWELL AVENUE, WALNUT CREEK, CA 94596 TELEPHONE: (925) 939-5330 McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP 5 The parties attest that concurrence in the filing of these documents has been obtained from 10 11 12 each of the other Signatories, which shall serve in lieu of their signatures on the document. IT IS SO STIPULATED Dated: October 22, 2015 13 MCNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP By: 14 15 16 17 18 Dated: October 22, 2015 LAW OFFICES OF MARK KELSEY By: 19 20 21 22 23 /s/ Blechman, Noah James V. Fitzgerald, III / Noah G. Blechman Elizabeth M. Dooley Attorneys for Defendants OFFICER JAMES COLLEY, OFFICER CASEY BROGDON, ANTIOCH POLICE DEPARTMENT; and CITY OF ANTIOCH /s/ _Mark Kelsey_____ Mark Kelsey, Attorney for Plaintiffs MALAD BALDWIN AND KATHRYN WADE ORDER PURSUANT TO THE FOREGOING STIPULATION, THE COURT ORDERS AS FOLLOWS: 24 The mediation deadline is continued to April 15, 2016. 25 IT IS SO ORDERED 26 11/4 Dated: _______________, 2015 By: Honorable Kandis A. Westmore United States Magistrate Judge 27 28 STIPULATION AND ORDER CONTINUING DEADLINE FOR MEDIATION C15-02762 KAW 2

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