Van Zandt v. City of San Jose et al

Filing 64

STIPULATION AND ORDER VACATING THE TRIAL AND RELATED DATES AND SETTING A NEW CASE MANAGEMENT CONFERENCE re 63 . Case Management Conference set for 12/11/2009 10:30 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 9/3/09. (dlm, COURT STAFF) (Filed on 9/10/2009)

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RICHARD DOYLE, City Attorney (#88625) NORA FRIMANN, Chief Trial Attorney (#93249) MICHAEL R. GROVES, Sr. Deputy City Attorney (#85620) STEVEN B. DIPPELL, Sr. Deputy City Attorney (#121217) Office of the City Attorney 200 East Santa Clara Street San Jose, California 95113-1905 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendants, CITY OF SAN JOSE, OFFICER PFIEFER, OFFICER NATIVIDAD, OFFICER WEIR, and OFFICER HIGGINS UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

THOMAS VAN ZANDT, Plaintiff, vs. CITY OF SAN JOSE, OFFICERS PFEIFER, NATIVIDAD, WEIR, and HIGGINS, individually and as employees of the CITY OF SAN JOSE, TARGET STORES, INC., THE WESTFIELD GROUP, PROFESSIONAL SECURITY CONSULTANTS, and DOES 1-10, Inclusive, Defendants.

CASE NO.: C07-04987 JF STIPULATION AND ------------------[PROPOSED] ORDER VACATING THE TRIAL AND RELATED DATES AND SETTING A NEW CASE MANAGEMENT CONFERENCE

STIPULATION This case is currently set for trial on November 16, 2009. Based on the pretrial schedule, Defendants City of San Jose, Officer Daniel Pfiefer, Officer Mark Natividad, Officer Anthony Weir, and Officer Casey Higgins (the City Defendants) and Defendant Samantha Fein filed dispositive Motions for Summary Judgment on August 17, 2009 with a hearing date of October 2, 2009. // // 1
Stipulation & [Proposed] Order Vacating the Trial & Related Dates & Setting a New CMC C07-04987 JF
585253

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Pursuant to the existing schedule, expert disclosures are due on September 14, 2009 and the expert discovery cut-off is October 5, 2009. Following this, all pretrial materials must be submitted by October 13, 2009 for the October 23, 2009 Pretrial Conference. In light of the Summary Judgment Motions and the increased possibility for settlement following the Court's eventual ruling on the motions, as well as the parties desire to avoid further, possibly unnecessary expenses which would hinder settlement discussions, the parties stipulate to vacate the current November 16, 2009 trial date, the September 14, 2009 expert disclosure date, the October 5, 2009 expert discovery cut-off and the October 23, 2009 Pretrial Conference. In an effort allow the Court time to issue its decision on the Summary Judgment Motions and time for the parties to consider the ramifications of said rulings in relation to settlement positions, the parties further stipulate to have a Case Management Conference set before this Court on December 11, 2009 when, if the case is not resolved, a trial date will be selected. IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. Dated: September 1, 2009 RICHARD DOYLE, City Attorney By: ___________/s/_________________ MICHAEL R. GROVES Senior Deputy City Attorney Attorneys for Defendants, CITY OF SAN JOSE, OFFICER PFIEFER, OFFICER NATIVIDAD, OFFICER WEIR, and OFFICER HIGGINS Dated: September 1, 2009 HAAPALA, THOMPSON & ABERN, LLP By: ___________/s/_________________ REBECCA S. WIDEN, ESQ. Attorneys for Defendant, SAMANTHA FEIN

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Stipulation & [Proposed] Order Vacating the Trial & Related Dates & Setting a New CMC C07-04987 JF
585253

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Dated: September 1, 2009

LAW OFFICES OF ROBERT R. POWELL By: ___________/s/_________________ ROBERT R. POWELL, ESQ. Attorneys for Plaintiff, THOMAS VAN ZANDT

Dated: September 1, 2009

MANNING & MARDER KASS, ELLROD, RAMIREZ LLP By: ___________/s/_________________ SEJAL OJHA, ESQ. Attorneys for Defendants, PROFESSIONAL SECURITY CONSULTANTS, DANIEL GARCIA and RYAN SCOTT

ORDER GOOD CAUSE APPEARING, it is hereby ordered that: 1. The November 16, 2009 trial date, the September 14, 2009 expert disclosure

date, the October 5, 2009 expert discovery cut-off date and the Pretrial Conference of October 23, 2009 are vacated. 2. A Case Management Conference is set for December 11, 2009 at 10:30 a.m.

9/3/09 Dated: _____________

__________________________________ HON. JEREMY FOGEL Judge of the United States District Court

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Stipulation & [Proposed] Order Vacating the Trial & Related Dates & Setting a New CMC C07-04987 JF
585253