Grason v. City of San Jose et al

Filing 32

STIPULATION AND ORDER AS MODIFIED BY THE COURT TO CONTINUE TRIAL AND RELATED DATES re 31 Proposed Order. Final Pretrial Conference set for 4/27/2009 03:00 PM. Jury Selection set for 5/19/2009 09:00 AM. Jury Trial set for 5/19/2009 01:00 PM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 12/16/2008. (ecg, COURT STAFF) (Filed on 12/16/2008)

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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 RICHARD DOYLE, City Attorney (#88625) NORA FRIMANN, Chief Trial Attorney (#93249) S DISTRICT MICHAEL R. GROVES, Sr. Deputy City Attorney (#85620) TE C MICHAEL J. DODSON, Sr. Deputy City Attorney (#159743) TA NKIA RICHARDSON, Deputy City Attorney (#193209) Office of the City Attorney ERED 200 East Santa Clara Street O ORD D San Josť, California 95113-1905 IT IS S DIFIE Phone: (408) 535-1900 AS MO Fax: (408) 998-3131 E-Mail: cao.main@sanjoseca.gov re mes Wa Judge Ja Attorneys for Defendants, CITY OF SAN JOSE, ROBERT DAVIS, OFFICER PIERRE VIDA, OFFICER RODNEY ER DANIELS, OFFICER STEPHEN GREENLEE, SERGEANT JOE HERNANDEZ, OFFICER C N ANTHONY LUISI, and OFFICER DAVID SANTIAGO F RT U O UNIT ED S Michael J. Haddad, Esq. Julia Sherwin, Esq. HADDAD & SHERWIN 505 Seventeenth Street Oakland, California 94612 Phone: (510) 452-5500 Fax: (510) 452-5510 E-Mail: haddad.sherwin@sbcglobal.net Attorneys for Plaintiff, KENNETH GRASON UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION D IS T IC T O R KENNETH GRASON, Individually, Plaintiff, v. CITY OF SAN JOSE, a public entity, SAN JOSE CHIEF OF POLICE ROBERT DAVIS, in his individual and official capacities, POLICE OFFICER VIDA, #3404, individually, and DOES 1 through 10, Jointly and Severally, Defendants. Case Number: C07-03687 JW STIPULATION TO CONTINUE TRIAL AND RELATED DATES; AND [PROPOSED] ORDER Trial Date: February 4, 2009 Judge: Hon. James Ware Courtroom: 8 1 Stipulation to Continue Trial & Related Dates; and [Proposed] Order C07-0368 JW 522953 A LI FO R NIA NO RT H 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 The parties to this action, by and through their attorneys of record, Michael Groves for Defendants and Haddad & Sherwin for Plaintiff, hereby stipulate as follows: As the Court is aware, this case involves serious injuries to Plaintiff, who is a diagnosed schizophrenic, associated with a San Jose Police action in 2006. The case was filed in 2007 and is currently set for trial on February 4, 2009. Pursuant to an earlier Stipulation by the parties and an Order issued by this court, the parties began settlement discussions with Magistrate Judge Seeborg. As Judge Seeborg detected, the primary impediment to settlement concerns the type of fracture Plaintiff suffered to his lower left leg and the consequent cause of injury. In light of this, Judge Seeborg made a variety of suggestions regarding how to resolve these issues. The parties have and continue to collaborate in an attempt to resolve these issues. Judge Seeborg has remained involved and the parties are keeping him informed of all developments. Plaintiff will shortly submit to Defendants an expert report from orthopedic traumatologist who has studied the problem. Defendants will then submit that report as well as other reports and depositions of the expert medical practitioners involved in this matter to another expert who will generate a further report. Due to these efforts and the desire to exhaust all possibilities for settlement through Judge Seeborg instead of expending further time and funds working the case up for trial, the parties, in consultation with Judge Seeborg, have stipulated to and hereby seek a change in the currently scheduled trial and pretrial dates. Expert revealing dates and discovery cut-off will remain open and be dealt with by the parties by stipulation as part of their collaborative effort. The current trial and pretrial dates are as follows: Joint Pretrial Conference Statement, In Limine Motions, and Proposed Jury Instructions due: Final Pretrial Conference: Jury Selection & Trial: December 12, 2008 January 12, 2009 at 3:00 p.m. February 4, 2009 at 9:00 a.m. 2 Stipulation to Continue Trial & Related Dates; and [Proposed] Order C07-0368 JW 522953 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 Date: December 11, 2008 By:_/S/ Michael J. Haddad___________ MICHAEL J. HADDAD 3 C07-0368 JW 522953 The parties seek the following new schedule based on the foregoing, and taking into account counsels' current trial commitments in other matters: Joint Pretrial Conference Statement, In Limine Motions, and Proposed Jury Instructions due: Final Pretrial Conference: Jury Selection & Trial: March 30, 2009 April 27, 2009 at 3:00 p.m. May 18, 2009 at 9:00 a.m. HADDAD & SHERWIN Dated: December 11, 2008 ___/s/ Michael J. Haddad____________ MICHAEL HADDAD Attorney at Law Attorney for Plaintiff, KENNETH GRASON Dated: December 11, 2008 RICHARD DOYLE, City Attorney By: _/s/ Michael R. Groves____________ MICHAEL R. GROVES Sr. Deputy City Attorney Attorney for Defendants, CITY OF SAN JOSE, ROBERT DAVIS, OFCR. PIERRE VIDA, OFCR. RODNEY DANIELS, OFCR. STEPHEN GREENLEE, SGT. JOE HERNANDEZ, OFCR. ANTHONY LUISI, and OFCR. DAVID SANTIAGO ATTESTMENT OF CONCURRENCE PER GENERAL ORDER 45 FOR FILING: I attest that concurrence in the filing of this document by the signatories, Michael Groves and Michael Haddad, has been obtained, and that a record of the concurrence shall be maintained by my office. Stipulation to Continue Trial & Related Dates; and [Proposed] Order 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 4 Stipulation to Continue Trial & Related Dates; and [Proposed] Order C07-0368 JW 522953 [PROPOSED] ORDER PURSUANT TO THE STIPULATION OF THE PARTIES AND GOOD CAUSE APPEARING, IT IS SO ORDERED: Joint Pretrial Conference Statement, In Limine Motions, and Proposed Jury Instructions due on March 30, 2009. A Final Pretrial Conference will be held on April 27, 2009 at 3:00 p.m. in Courtroom #8. 19, 2009 at a.m. in Jury selection and trial date shall be moved to May 18, 2009 at 99:00 a.m. in Courtroom #8. December 16, 2008 Dated: _____________________ ____________________________ HON. JAMES WARE United States District Court Judge

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