Rosa et al v. City of Seaside et al

Filing 158

ORDER APPROVING 157 JOINT STIPULATION TO CONTINUE THE TRIAL DATE AND ALL RELATED DEADLINES. Signed by Judge Jeremy Fogel on 3/16/09. (jflc2, COURT STAFF) (Filed on 3/16/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Mildred K. O'Linn, Esq. (State Bar No. 159055) MANNING & MARDER KASS, ELLROD, RAMIREZ LLP 15th Floor at 801 Tower **E-Filed 3/16/09** 801 South Figueroa Street Los Angeles, CA 90017 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Defendant, TASER INTERNATIONAL, INC. Michael Brave, Esq. Wisconsin State Bar No. 1012226 National Litigation Counsel TASER International, Inc.rd 17800 North 85th Street, 3 Floor Scottsdale, AZ 85255-6311 Telephone: [phone] Facsimile: [phone] [e-mail] (Pro Hac Vice) Attorney for Defendant, TASER INTERNATIONAL, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

) ) ) ) ) Plaintiffs, ) ) vs. ) ) CITY OF SEASIDE and SEASIDE POLICE ) DEPARTMENT, CITY OF DEL REY ) OAKS AND DEL REY OAKS POLICE ) DEPARTMENT, MONTEREY ) PENINSULA AIRPORT DISTRICT AND ) MONTEREY PENINSULA AIRPORT ) POLICE DEPARTMENT, CITY OF ) MONTEREY AND MONTEREY POLICE ) DEPARTMENT, COUNTY OF ) MONTEREY AND MONTEREY COUNTY ) SHERIFF'S DEPARTMENT, DEL REY ) OAKS POLICE CHIEF RON LANGFORD, ) MONTEREY POLICE CHIEF CARLO ) CUDIO, MONTEREY SHERIFF MIKE )
J oin t Stipulation.001.Continue Trial Dates.wpd

EVELYN ROSA and ROBERT ROSA, individually and as the personal representatives of MICHAEL ROBERT ROSA, deceased,

Case No.: C 05-03577 JF/HRL
-H - - - -- -- -------- United -------[---o-w-a-rd--R.--Lloyd,------------States---ag-i-str------Judge] M--- --- ate ---------

JOINT STIPULATION TO CONTINUE THE TRIAL DATE AND ALL RELATED DEADLINES AND --P-R---POSED-] ORDER [ - -- O -----------

-1-

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

KANALAKIS AND SEASIDE POLICE CHIEF ANTHONY SELLECITO, SEASIDE POLICE OFFICERS MATTHEW DOZA, NICK BORGES, AND CHARLTON, DEL REY OAKS POLICE OFFICER RUSSELL VANZANTEN, AIRPORT POLICE DEPARTMENT OFFICER JEFF POWELL, MONTEREY POLICE OFFICER KATIE REYES, MONTEREY COUNTY SHERIFF'S DEPUTIES JOE PALAZZOLO

) ) ) ) ) ) ) ) ) ) ) ) ) AND IRONS, TASER INTERNATIONAL, ) INC., and DOES 1 TO 10, ) ) Defendants. ) ) ) TO THE HONORABLE COURT: IT IS HEREBY STIPULATED by and between the parties to the above-titled action, by and through their respective attorneys of record, and pursuant to United States District Court - Northern District of California Local Rules 7-12 and 40-1, as follows: The Court, in the case management conference of July 18, 2008, set the following dates and deadlines in the litigation of this matter: Discovery Cut-Off date is currently set for April 17, 2009; Dispositive Motion Hearing Cut-Off date is currently June 5, 2009; Pre-Trial Conference is currently June 26, 2009 at 11:00 a.m.; Trial is currently set for July 17, 2009 at 1:30 p.m. Thus, based on the dates that the Court has set, and under Fed. R. Civ. P. 26 and Northern District of California Local Rule 26-2, the following deadlines would appear to apply: Expert Designation and Reports would be due April 17, 2009; Expert Discovery Cut-Off would be April 17, 2009; Counter-Designation would be due by May 18, 2009. The parties, by and through their respective attorneys of record, stipulate to the
J oin t Stipulation.001.Continue Trial Dates.wpd

-2-

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

continuance of these dates. GOOD CAUSE EXISTS to continue the trial date, and all related dates and deadlines, in the above-entitled action as a result of the following: 1. Discovery, particularly expert discovery, is not yet complete in this matter. While the parties are working diligently on the matter, the issues in dispute in this case require additional time for proper analysis and completion of the depositions of the parties' experts. 2. At present, the trial calendars of counsel present significant difficulties in completing discovery under the current trial date and related deadlines. Additional time is needed to complete the amount of work necessary for expert witness discovery after the expert reports are issued, but prior to trial, and in order to allow for the proper preparation of pre-trial documents and motions. 3. Plaintiffs' counsel stipulates to a continuance of the trial date to September 12, 2009 or to September 4, 2009. Accordingly, the parties, by and through their respective attorneys of record, hereby respectfully request that this Honorable Court continue the trial date of the above-entitled matter to September 12, 2009, or ­ in the alternative to September 4, 2009. While defense counsel is agreeable to a date and time thereafter, as the Court deems appropriate, plaintiffs' counsel stipulates only to the dates as proposed hereinabove. /// /// ///

J oin t Stipulation.001.Continue Trial Dates.wpd

-3-

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

It is further agreed by and between the parties that this stipulation may be signed in counterpart and that a facsimile or electronic signature will be as valid as an original signature. IT IS SO STIPULATED. Dated: March 13, 2009 MANNING & MARDER KASS, ELLROD, RAMIREZ LLP

By: /s/ Mildred K. O'Linn Mildred K. O'Linn Attorneys for Defendant TASER INTERNATIONAL, INC.

DATED: March 13, 2009

THE LAW OFFICES OF JOHN BURTON By: /s/ John Burton John Burton Attorneys for Plaintiffs, EVELYN ROSA and ROBERT ROSA, individually and as the personal representatives of MICHAEL ROBERT ROSA, deceased.

DATED: March 13, 2009

WILLIAMSON & KRAUSS

By:/s/ Peter M. Williamson Peter M. Williamson Attorneys for Plaintiffs, EVELYN ROSA and ROBERT ROSA, individually and as the personal representatives of MICHAEL ROBERT ROSA, deceased.

J oin t Stipulation.001.Continue Trial Dates.wpd

-4-

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED AS FOLLOWS: 1. 2. 3. 4. 5. 4. 5. 6.
6/12/09 The Expert Designation and Reports deadline is continued to: ________ 7/10/09 The Expert Counter-Designation deadline is continued to: ___________ 6/12/09 The Fact Discovery Cut-Off date is continued to:__________________ 6/12/09 The Expert Discovery Cut-Off date is continued to: ________________ 6/26/09 The Dispositive Motion Filing Cut-Off date is continued to: _________ 7/31/09 The Dispositive Motion Hearing Cut-Off date is continued to:________ 8/21/09 The Pre-Trial Conference date is continued to:____________________ -------------- ---- ------- 9/11/09 The Trial date is continued to: September--12, -2009________________.

IT IS SO ORDERED.
3/16/09 DATED: _____________, 2009

______________________________ ---o-n--------------------------H - - . Howard R. Lloyd -- N ---ED ------------ MAGISTRATE ---------U---IT------STATES-------------------------JUDGE
JEREMY FOGEL United States District Judge

J oin t Stipulation.001.Continue Trial Dates.wpd

-5-