Montoya, et al v City of San Jose, et al

Filing 117

STIPULATION AND ORDER CONTINUING TRIAL AND RELATED DATES re 116 Jury Selection set for 9/7/2012 01:30 PM in Courtroom 3, 5th Floor, San Jose before Hon. Jeremy Fogel. Jury Trial set for 9/10/2012 09:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Jeremy Fogel. Pretrial Conference set for 8/31/2012 11:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Jeremy Fogel. Signed by Judge Jeremy Fogel on 6/23/11. (dlm, COURT STAFF) (Filed on 7/1/2011)

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RICHARD DOYLE, City Attorney (#88625)
NORA FRIMANN, Assistant City Attorney (#93249)
STEVEN B. DIPPELL, Sr. Deputy City Attorney (#121217)
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 CHRISTOPHER CRUZADO,
OFFICER THOM RODGERS, SERGEANT AL FERLA, OFFICER TOM
TIPHAYACHAN, OFFICER MIKE NASCIMIENTO, OFFICER MICHAEL
TRUDEAU, wrongfully sued herein as Officer Trudo, and OFFICER DARIO
ESTRABAO, wrongfully sued herein as Officer Dario
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,
GERARDO MONTOYA

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CASE NO.: C08-00820 JF

GERARDO MONTOYA,
Plaintiff,
vs.
CITY OF SAN JOSE, ROBERT DAVIS,
OFFICER CHRISTOPHER CRUZADO,
OFFICER THOM RODGERS,
SERGEANT AL FERLA, OFFICER TOM
TIPHAYACHAN, OFFICER MIKE
NASCIMIENTO, OFFICER MICHAEL
TRUDEAU, wrongfully sued herein as
Officer Trudo, and OFFICER DARIO
ESTRABAO, wrongfully sued herein as
Officer Dario, et al.,

STIPULATION AND ------------------[PROPOSED]
ORDER CONTINUING TRIAL AND
RELATED DATES

Trial Date: September 12, 2011
Judge:
Hon. Jeremy Fogel
Courtroom: 3

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Defendants.
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Stipulation And [Proposed] Order Continuing Trial

08-00820 JF
747851

The parties to this action, by and through their attorneys of record, Steve Dippell for

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Defendants and Anthony Boskovich for Plaintiff, hereby stipulate as follows:
This case is currently set for trial on September 12, 2011. However, the attorney with

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primary responsibility for the case at the Office of the City Attorney, Michael Groves, has

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recently retired, and this case has been reassigned to Steve Dippell.
The parties herewith jointly request a continuance of the trial and related dates, to

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give the defendants’ new counsel time to become familiar with the case, and the parties

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thereafter an opportunity to attempt to agree upon measures that will at least narrow the

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scope of the case.
The current trial and pretrial dates are as follows:

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Expert Disclosures due:

July 15, 2011

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Close of Fact Discovery:

July 29, 2011

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Close of Expert Discovery:

August 5, 2011

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Last Day for Dispositive Motions:

August 12, 2011

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Pre-Trial Conference:

September 2, 2011 at 11:00 am

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Jury Selection:

September 9, 2011 at 1:30 pm

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Jury Trial:

September 12, 2011

The parties seek the following new schedule:

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Expert Disclosures due:

July 13, 2012

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Close of Fact Discovery:

July 27, 2012

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Close of Expert Discovery:

August 2, 1012

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Last Day for Dispositive Motions to be heard: August 9, 2012

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Pre-Trial Conference:

August 31, 2012

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Jury Selection:

September 7, 2012

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Jury Trial:

September 10, 2012

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Stipulation And [Proposed] Order Continuing Trial

08-00820 JF
747851

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Dated: June 21, 2011

BOSKOVICH & APPLETON

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_____ /s/ Anthony Boskovich_________
ANTHONY BOSKOVICH
Attorney at Law

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Attorney for Plaintiff,
GERARDO MONTOYA

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Dated: June 21, 2011

RICHARD DOYLE, City Attorney

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By: ___/s/ Steven B. Dippell___________
STEVEN B. DIPPELL
Sr. Deputy City Attorney

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Attorney for Defendants,
CITY OF SAN JOSE, ROBERT DAVIS,
OFFICER CHRISTOPHER CRUZADO,
OFFICER THOM RODGERS, SERGEANT
AL FERLA, OFFICER TOM TIPHAYACHAN,
OFFICER MIKE NASCIMIENTO, OFFICER
MICHAEL TRUDEAU, and OFFICER DARIO
ESTRABAO

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ATTESTMENT OF CONCURRENCE PER GENERAL ORDER 45 FOR FILING:

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I attest that concurrence in the filing of this document by the signatories, Steve

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Dippell and Anthony Boskovich, has been obtained, and that a record of the concurrence

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shall be maintained at the Office of the City Attorney.

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Dated: June 21, 2011

By:___/s/ Steven B. Dippell___________
STEVEN B. DIPPELL

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IT IS SO ORDERED.

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6/23/11
Dated: _____________________

____________________________
HON. JEREMY FOGEL
United States District Court Judge

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Stipulation And [Proposed] Order Continuing Trial

08-00820 JF
747851