Franklin v. City of San Leandro et al

Filing 46

ORDER by Judge Haywood S. Gilliam, Jr. Granting 45 Stipulation Continuing Mediation Compliance Deadline.(ndrS, COURT STAFF) (Filed on 1/10/2019)

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Gregory M. Fox, State Bar No. 070876
Joanne Tran, State Bar No. 294402
BERTRAND, FOX, ELLIOT, OSMAN & WENZEL
The Waterfront Building
2749 Hyde Street
San Francisco, California 94109
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
[e-mail]

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Attorneys for Defendant
OFFICER DENNIS MALLY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RON FRANKLIN, an individual,

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Plaintiff,
STIPULATION AND [PROPOSED] ORDER
CONTINUING MEDIATION COMPLIANCE
DEADLINE

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v.
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Case No. 4:17-cv-00789-HSG

CITY OF SAN LEANDRO, a municipal
corporation; DENNIS MALLY, individually
and in his capacity as an officer for the San
Leandro Police Department; and DOES 1-50,
inclusive, individually, jointly and severally,
Defendants.
Hon. Haywood S. Gilliam, Jr.

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Plaintiff RON FRANKLIN and defendant OFFICER DENNIS MALLY respectfully request that

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the mediation compliance deadline in this action be continued to March 30, 2019. Pursuant to Docket

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No. 43, this matter was ordered to mediation on November 16, 2018, and mediation is to be completed

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by February 1, 2019. On December 27, 2018 in Docket No. 44, the matter was referred to mediator

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William Simmons for mediation.

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Good cause exists for this continuance for the following reasons: Defendant has recently taken

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the deposition of Plaintiff. However, due to scheduling conflicts, Plaintiff has scheduled Officer Mally’s

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE MEDIATION DEADLINE
Franklin v. City of San Leandro, et al. U.S.D.C. Northern District Case No.: 4:17-cv-00789-HSG

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deposition for February 22, 2019. The parties will be taking the depositions of two civilian witnesses on

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February 25, 2019. The parties agree that these three additional depositions should be taken before the

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mediation in order to have a meaningful mediation session. The parties are cooperating and have met

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and conferred with the mediator and have tentatively scheduled the mediation for March 11, 2019.

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Based on these reasons, the parties respectfully request that the Court continue the deadline to complete

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mediation to March 30, 2019.

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Respectfully submitted,
DATED: January 9, 2019

LAW OFFICES OF JOHN L. BURRIS

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By: _/s/ K. Chike Odiwe
John L. Burris
DeWitt Lacy
K. Chike Odiwe
Attorneys for the Plaintiff
RON FRANKLIN

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DATED: January 9, 2019

BERTRAND, FOX, ELLIOT, OSMAN & WENZEL

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By: /s/ Joanne Tran
Gregory M. Fox
Joanne Tran
Attorneys for the Defendant
OFFICER DENNIS MALLY

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ATTORNEY ATTESTATION

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I, Joanne Tran, am the ECF user whose identification and password are being used to file the

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foregoing documents. Pursuant to Civil Local Rule 5.1(i), I hereby attest that concurrence in the filing of

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these documents has been obtained from each of its Signatories.

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Dated: January 9, 2019

/s/ Joanne Tran
Joanne Tran

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE MEDIATION DEADLINE
Franklin v. City of San Leandro, et al. U.S.D.C. Northern District Case No.: 4:17-cv-00789-HSG

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ORDER
Having considered the parties’ stipulation, the deadline to complete mediation is March 30, 2019.
IT IS SO ORDERED.

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DATED:

1/10/2019
HAYWOOD S. GILLIAM, JR.
UNITED STATES DISTRICT JUDGE

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE MEDIATION DEADLINE
Franklin v. City of San Leandro, et al. U.S.D.C. Northern District Case No.: 4:17-cv-00789-HSG