Van Zandt v. City of San Jose et al

Filing 59

STIPULATION AND ORDER re 58 Continuing Trial and Setting New Pretrial Dates. Jury Trial set for 11/13/2009 01:30 PM. Pretrial Conference set for 10/23/2009 11:00 AM. Signed by Judge Jeremy Fogel on 4/9/09. (dlm, COURT STAFF) (Filed on 4/16/2009)

1 2 3 4 5 6 7 8 9 10 11
Haapala, Thompson & Abern LLP

Steven Sheriff Abern, SBN 148690 Rebecca S. Widen, SBN 219207 HAAPALA, THOMPSON & ABERN, LLP 1939 Harrison Street, Suite 800 Oakland, California 94612 Tel: [phone] Fax: [phone] Attorneys For Defendant SAMANTHA FEIN

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ­ SAN JOSE THOMAS VAN ZANDT, ) ) Plaintiff, ) ) vs. ) ) CITY OF SAN JOSE, DANIEL PFEIFER, ) MARK NATIVIDAD, ANTHONY WEIR, ) OFFICER HIGGINS, individually and as ) employees of the CITY OF SAN JOSE, ) TARGET STORES, INC., WESTFIELD LLC, ) PROFESSIONAL SECURITY ) CONSULTANTS, and DOES 1-10, inclusive, ) ) Defendants. ) ) Case No.: C07-04987 JF (RS) -----------------STIPULATION AND [PROPOSED] ORDER CONTINUING TRIAL AND SETTING NEW PRETRIAL DATES

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Attorneys At Law Park Plaza Building 1939 Harrison St., Suite 800 Oakland, California 94612 Telephone: [phone] Facsimile: 510-273-8534

The parties hereto, by and through their undersigned counsel, request that the trial in this action and all related pretrial deadlines be continued. The reason for the continuance is that Defendant Samantha Fein recently suffered a major injury in a ski accident requiring surgery and a significant recovery period. As a result of this injury, Ms. Fein is unavailable for deposition prior to the time dispositive motions are due to be filed under the current case schedule (April 21, 2009). The parties respectfully request that the Court vacate the July 24, 2009 trial date and all related pretrial deadlines, and order a new trial and pretrial schedule as follows: · July 27, 2009 - fact discovery cut off

1
Van Zandt v. City of San Jose, et al. Stipulation And [Proposed] Order Continuing Trial And Setting New Pretrial Dates

1 2 3 4 5 6 7 8 9 10 11
Haapala, Thompson & Abern LLP

ORDER Pursuant to stipulation and for good cause shown, IT IS SO ORDERED.

Dated: 4/9/09

Honorable Jeremy Fogel United States Judge

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3
Van Zandt v. City of San Jose, et al. Stipulation And [Proposed] Order Continuing Trial And Setting New Pretrial Dates

Attorneys At Law Park Plaza Building 1939 Harrison St., Suite 800 Oakland, California 94612 Telephone: [phone] Facsimile: 510-273-8534