Montiel v. Williams et al

Filing 42

STIPULATION AND ORDER CONTINUING TRIAL AND RELATED DATES re 41 . Jury Selection set for 10/14/2011 01:30 PM in Courtroom 3, 5th Floor, San Jose before Hon. Jeremy Fogel. Jury Trial set for 10/17/2011 09:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Jeremy Fogel. Pretrial Conference set for 10/7/2011 11:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Jeremy Fogel.. Signed by Judge Jeremy Fogel on 3/29/11. (dlm, COURT STAFF) (Filed on 3/31/2011)

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RICHARD DOYLE, City Attorney (#88625) NORA FRIMANN, Chief Trial Attorney (#93249) MICHAEL R. GROVES, Sr. Deputy City Attorney (#85620) Office of the City Attorney 200 East Santa Clara Street San Jose, California 95113-1905 Phone: [phone] FAX: [phone] Email: [e-mail] 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 th 28 No. First Street, 6 Floor San Jose, California 95113-1210 Phone: [phone] FAX: [phone] Email: [e-mail] 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: May 23, 2011 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:

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Stipulation to Continue Trial & Related Dates; [Proposed] Order C07-05490 JF
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This case is currently set for trial on May 23, 2011. However, Defendants' counsel, Michael R. Groves, after 22 fascinating and active years at the San Jose City Attorney's Office, is retiring to pursue other interests. Mr. Groves' last day is April 11, 2011. All Defense matters in this case have been solely handled by Mr. Groves. All of his numerous cases, including the Montiel matter will have to be reassigned to other counsel. The work and trial schedules of all of the likely inheritors of this case will not allow for adequate preparation time or for the trial to occur as currently scheduled. Plaintiff's counsel, Anthony Boskovich, in his typical professional fashion, has graciously agreed to a continuance of the trial and related dates. In light of this and 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: August 5, 2011 September 2, 2011 September 16, 2011 October 7, 2011 at 11:00 am October 14, 2011 October 17, 2011 March 4, 2011 April 8, 2011 April 22, 2011 May 13, 2011 at 11:00 am May 20, 2011 May 23, 2011

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Stipulation to Continue Trial & Related Dates; [Proposed] Order C07-05490 JF
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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

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Stipulation to Continue Trial & Related Dates; [Proposed] Order C07-05490 JF
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