Montiel v. Williams et al

Filing 40

STIPULATION AND ORDER TO CONTINUE TRIAL AND RELATED DATES re 39 . Jury Selection set for 5/20/2011 01:30 PM in Courtroom 3, 5th Floor, San Jose. Jury Trial set for 5/23/2011 09:00 AM in Courtroom 3, 5th Floor, San Jose. Pretrial Conference set for 5/13/2011 11:00 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 8/25/10. (dlm, COURT STAFF) (Filed on 8/30/2010)

Download PDF
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) MICHAEL R. GROVES, Sr. Deputy City Attorney (#85620) RICHARD D. NORTH, Deputy City Attorney (#225617) Office of the City Attorney 200 East Santa Clara Street San Jose, California 95113-1905 Phone: (408) 535-1900 FAX: (408) 998-3131 Email: cao.main@sanjoseca.gov Attorneys for Defendants, CITY OF SAN JOSE, ROBERT DAVIS, OFFICER MATTHEW WILLIAMS #3751, SERGEANT CARLTON SHEPPARD #3125, OFFICER JUAN HERNANDEZ #3898, and OFFICER GERARDO RODRIGUEZ #3087 Anthony Boskovich, Esq. (#121198) BOSKOVICH & APPLETON 28 No. First Street, 6th Floor San Jose, California 95113-1210 Phone: (408) 286-5150 FAX: (408) 286-5170 Email: policemisconduct@compuserve.com Attorney for Plaintiff, JERMAINE MONTIEL UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JERMAINE MONTIEL, Plaintiff, vs. OFFICER M. WILLIAMS, Badge No. 3751; SERGEANT C. SHEPPARD, Badge No.. 3125; OFFICER HERNANDEZ, Badge No.. 3898; OFFICER RODRIGUEZ, Badge No.. 3087; JOHN DOE and RICHARD ROE; ROBERT DAVIS; CITY OF SAN JOSE, Defendants. CASE NO.: C07-05490 JF STIPULATION TO CONTINUE TRIAL AND RELATED DATES; ------------------- ORDER [PROPOSED] Trial Date: October 18, 2010 Judge: Hon. Jeremy Fogel Courtroom: 3 The parties to this action, by and through their attorneys of record, Michael Groves for Defendants and Anthony Boskovich for Plaintiff, hereby stipulate as follows: 1 Stipulation to Continue Trial & Related Dates; [Proposed] Order C07-05490 JF 686890 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 // // // // // // This case is currently set for trial on October 18, 2010. Plaintiff's counsel, solo practitioner Anthony Boskovich, is intensely involved in a number of time consuming cases, both criminal and civil, which will interfere both with the preparation and the trial of the Montiel case. Also, Plaintiff's attorney is still attempting to locate witness Brandon Adam. After Plaintiff's attorney Boskovich contacted Defendants' attorney Groves with these concerns, Attorney Groves graciously agreed to stipulate to a continuance of the dates. In light of this and both attorneys' calendars, the parties hereby stipulate to continue the trial date and related pretrial dates and seek the Court's approval for the same. The current trial and pretrial dates are as follows: Expert Disclosures due: Close of Fact Discovery: Close of Expert Discovery: Pre-Trial Conference: Jury Selection: Jury Trial: The parties seek the following new schedule: Expert Disclosures due: Close of Fact Discovery: Close of Expert Discovery: Pre-Trial Conference: Jury Selection: Jury Trial: March 4, 2011 April 8, 2011 April 22, 2011 May 13, 2011 at 11:00 am May 20, 2011 May 23, 2011 July 9, 2010 July 23, 2010 July 30, 2010 September 17, 2010 at 11:00 am October 15, 2010 October 18, 2010 2 Stipulation to Continue Trial & Related Dates; [Proposed] Order C07-05490 JF 686890 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 8/25/10 Dated: _____________________ IT IS SO ORDERED. Dated: August 24, 2010 Dated: August 24, 2010 Dated: August 24, 2010 BOSKOVICH & APPLETON ________/s/ Anthony Boskovich_________ ANTHONY BOSKOVICH Attorney at Law Attorney for Plaintiff, JERMAINE MONTIEL 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, OFFICER MATTHEW WILLIAMS, SERGEANT CARLTON SHEPPARD, OFFICER JUAN HERNANDEZ, and OFFICER GERARDO RODRIGUEZ 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 Anthony Boskovich, has been obtained, and that a record of the concurrence shall be maintained at the Office of the City Attorney. By:______/s/ Michael R. Groves_______ MICHAEL R. GROVES ____________________________ HON. JEREMY FOGEL United States District Court Judge 3 Stipulation to Continue Trial & Related Dates; [Proposed] Order C07-05490 JF 686890

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?