Gaines et al v. City and County of San Francisco et al

Filing 24

STIPULATION AND ORDER re 21 STIPULATION WITH PROPOSED ORDER Regarding Mandatory Settlement Conference Hearing Date filed by City and County of San Francisco Settlement Conference set for 11/9/2016 11:00 AM. Signed by Magistrate Judge Kandis A. Westmore on 9/19/16. (sisS, COURT STAFF) (Filed on 9/19/2016)

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DENNIS J. HERRERA, State Bar #139669
City Attorney
CHERYL ADAMS, State Bar #164194
Chief Trial Deputy
JAMES F. HANNAWALT, State Bar #139657
Deputy City Attorney
Fox Plaza, 1390 Market Street, 6th Floor
San Francisco, California 94102-5408
Telephone:
[phone]
Facsimile:
[phone]
E-Mail:
[e-mail]
Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO
JOHN L. BURRIS ESQ., SBN 69888
LATEEF GRAY ESQ., SBN 250055
JAMES COOK ESQ., SBN 300212
LAW OFFICES OF JOHN L. BURRIS
AIRPORT CORPORATE CENTRE
7677 OAKPORT STREET, SUITE 1120
OAKLAND, CALIFORNIA 94621
TELEPHONE: [phone]
FACSIMILE: [phone]
LATEEF.GRAY@JOHNBURRISLA W.COM
Attorneys for Plaintiffs
DERRICK GAINES and JENNIFER GAINES

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
DERRICK GAINES, an individual; and
JENNIFER GAINES, an individual,
Plaintiffs,
vs.
CITY AND COUNTY OF SAN
FRANCISCO, a municipal corporation;
GREGORY SUHR, individually and in his
official capacity as Police Chief for the CITY
AND COUNTY OF SAN FRANCISCO;
SHAUGHN RYAN, MICHAEL NGUYEN,
DANIEL CASEY, “FNU” KING, individually
and in their capacities as Police Officers for the
CITY OF SAN FRANCISCO POLICE
DEPARTMENT; and DOES 1-50, inclusive,
individually and in their capacities as law
enforcement agents and/or personnel for the
SAN FRANCISCO POLICE DEPARTMENT,
Defendants.

Case No. 4:16-CV-01261 DMR
STIPULATION AND [PROPOSED] ORDER
REGARDING MANDATORY SETTLEMENT
CONFERENCE HEARING DATE.
Hearing Date:
Settlement Judge:
Time:
Place:

September 21, 2016
Kandis Westmore
10 am
1301 Clay Street, Oakland

Trial Date:

July 17, 2017

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Jt Stip and Order re MSC Hrg
CASE NO. 4:16-cv-01261 DMR

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n:\lit\li2016\161006\01135023.docx

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The Parties, having met and conferred, respectfully file this administrative motion to request

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that this Court continue the hearing date for the Mandatory Settlement Conference from September 21,

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2016 until October 5, 2016, or another date available to the court.

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The requested change is necessary because the parties have not yet obtained plaintiffs’ medical

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and telephone records which are necessary for evaluation of the case. Plaintiffs requested these

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records. However, when plaintiffs’ counsel advised defense counsel that it had not yet obtained these

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records at the time plaintiff Derrick Gaines was deposed on August 31, 2016, defense counsel issued

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subpoenas for the records of plaintiffs’ health care providers identified in plaintiffs’ initial disclosures.

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Responses to those subpoenas are due on or before September 30, 2016. As of this date, plaintiffs’;

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counsel has not yet received the requested telephone and medical records.
Dated: 9/12/2016

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

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By:
/s/ James F. Hannawalt
JAMES F. HANNAWALT

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Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO

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Dated: 9/12/2016
LAW OFFICES OF JOHN L. BURRIS

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By:
/s/ Lateef H. Gray
LATEEF H. GRAY

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Attorney for Plaintiffs
DERRICK GAINES and JENNIFER GAINES

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Jt Stip and Order re MSC Hrg
CASE NO. 4:16-cv-01261 DMR

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[PROPOSED] ORDER

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Based on the above stipulation, and for good cause appearing, the hearing for the Mandatory
Settlement Conference in this case is continued from September 21, 2016 to ________________.
November 9, 2016
IT IS SO ORDERED

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HON. KANDIS WESTMORE
United States Magistrate Judge

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Jt Stip and Order re MSC Hrg
CASE NO. 4:16-cv-01261 DMR

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