Baldwin et al v. Dangerfield et al

Filing 109

STIPULATION AND ORDER re 107 to Vacate Trial Date and Schedule Trial Setting Conference. Trial Setting Conference set for 9/19/2008 01:30 PM. Signed by Judge Jeremy Fogel on 9/8/08. (dlm, COURT STAFF) (Filed on 9/8/2008)

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Lee H. Rubin (SBN 141331) [e-mail] Rena Chng (SBN 209665) [e-mail] Aengus H. Carr (SBN240953) [e-mail] Jason A. Wrubleski [e-mail] Mayer Brown LLP Two Palo Alto Square, Suite 300 3000 El Camino Real Palo Alto, CA 94306-2112 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs RITA BALDWIN; and J.C., by and through his Guardian Ad Litem, RITA BALDWIN UNITED STATES DISTRICT COURT NORTHERN DISTRICT SAN JOSE DIVISION RITA BALDWIN; and J.C., by and through his Guardian Ad Litem, RITA BALDWIN, Plaintiffs, v. CHARLES DANGERFIELD; JASON LARA; JOHN JEFFERSON; MIKE NELSEN; and DOES 1-25, inclusive, Defendants. Case No. CV-06-2467 JF (HRL) STIPULATED REQUEST TO VACATE TRIAL DATE AND SCHEDULE TRIAL SETTING CONFERENCE; [PRO----------- ORDER ------- POSED]

STIPULATED REQUEST TO VACATE TRIAL DATE AND SCHEDULE TRIAL SETTING CONFERENCE; [PROPOSED] ORDER Case No. CV-06-2467 JF (HRL)
44049423.1

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Pursuant to Local Rule 6-2, Plaintiffs Rita Baldwin and J.C. and Defendants Charles Dangerfield, Jason Lara, John Jefferson, and Mike Nelsen, by and through their respective counsel of record, stipulate and agree as follows: WHEREAS, trial of the above-captioned matter is currently scheduled for October 24,

WHEREAS, counsel for Plaintiffs has another trial scheduled to begin on October 20,

WHEREAS, counsel for Plaintiffs proposed continuing trial for a few weeks to November 7 or 14, 2008; WHEREAS, Defendants are not available for a trial in November; and WHEREAS, the parties have met and conferred and hereby jointly request a trial setting conference on September 19, 2008, or as soon thereafter as is convenient for the Court; THEREFORE, it is hereby stipulated and agreed by Plaintiffs and Defendants, through their respective counsel of record, as follows: The trial date is vacated. A new trial date will be chosen during the trial setting conference on September 19, 2008, or as soon thereafter as is convenient for the Court. IT IS SO STIPULATED. Dated: September 4, 2008 Burton, Volkmann & Schmal, LLP By: /s/ Timothy J. Schmal_____ Timothy J. Schmal

Attorneys for Defendant Mike Nelson, individually and in his capacity as a police officer for the City of Morgan Hill Dated: September 4, 2008 Deputy Attorney General Office Of The Attorney General State of California By: /s/ Troy B. Overton_______ Troy B. Overton

Attorneys for Defendants Charles Dangerfield, Jason Lara and John Jefferson
STIPULATED REQUEST TO VACATE TRIAL DATE AND SCHEDULE TRIAL SETTING CONFERENCE; [PROPOSED] ORDER Case No. CV-06-2647 JF

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Dated: September 4, 2008

Mayer Brown LLP By: /s/ Lee H. Rubin_________ Lee H. Rubin

Attorneys for Plaintiffs Rita Baldwin and J.C., by and through his Guardian Ad Litem, Rita Baldwin Filer's Attestation: Pursuant to General Order No. 45, Section X(B), Rena Chng hereby attests that the signatories' concurrence in the filing of this document has been obtained.

[PROPOSED] ORDER Pursuant to stipulation of the parties, the trial date is vacated. A new trial date will be chosen at the trial setting conference on ___9/_________, 2008. at 1:30 p.m. _ 19 IT IS SO ORDERED.

9/ _ 08 Date: _____8/______________

___________________________________ Honorable Jeremy Fogel United States District Judge

-2STIPULATED REQUEST TO VACATE TRIAL DATE AND SCHEDULE TRIAL SETTING CONFERENCE; [PROPOSED] ORDER Case No. CV-06-2467 JF (HRL)