Cicala et al v. City of San Jose et al

Filing 52

STIPULATION AND ORDER GRANTING BRIEFING SCHEDULE FOR PLAINTIFFS' MOTION FOR CLASS CERTIFICATION re (74 in 5:09-cv-00176-RMW) Further Case Management Conference set for 8/26/2011 09:00 AM in Courtroom 3, 5th Floor, San Jose. Motion Hearing set for 10/7/2011 09:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Jeremy Fogel.. Signed by Judge Jeremy Fogel on 6/30/11. (dlm, COURT STAFF) (Filed on 7/8/2011)

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Andrew V. Stearns, Esq. SBN 164849
Steven M. Berki, Esq. SBN 245426
BUSTAMANTE, O'HARA & GAGLIASSO
River Park Tower
333 W. San Carlos St., 8th Floor
San Jose, California 95110
Telephone: [phone]
[e-mail]
[e-mail]
M. Jeffery Kallis, SBN 190028
THE LAW FIRM OF KALLIS & ASSOCIATES, P.C.
333 W. San Carlos St., 8th Floor
San Jose, CA 95110
Telephone: [phone]
Facsimile: [phone]
M J Kallis @Kallislaw.org
Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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FRANCISCO VALDEZ, et al.
Plaintiffs,

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vs.
CITY OF SAN JOSE, et al.,
Defendants.

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Case No.: C09-00176 RMW
AMENDED STIPULATION AND
---------------- ORDER GRANTING
PROPOSED
BRIEFING SCHEDULE FO PLAINTIFFS’
MOTION FOR CLASS CERTIFICATION.
[N.D. Civil Local Rule 6-1].
Date: August 26, 2011
Time: 9:00 a.m.
Ctrm: 3, 5th Floor
Judge: Hon. Jeremy Fogel

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AMENDED STIPULATION AND [PROPOSED] ORDER GRANTING BRIEFING SCHEDULE FOR PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION.

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IT IS HEREBY STIPULATED AND AGREED BY ALL PARTIES AND THEIR COUNSEL OF

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RECORD:

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WHEREAS, by Order dated May 11, 2011 the Court granted the parties’ Stipulation and
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Proposed Order Granting Briefing Schedule for Plaintiffs’ Motion for Class Certification. [ECF
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Docket No. 71].
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WHEREAS, the Parties have been diligent in coordinating all matters necessary for the
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Motion for Class Certification, responsive pleadings and relevant documentation.
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WHEREAS, Plaintiffs intend to file and serve the Motion for Class Certification by June
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24, 2011 in conformance with the Court’s Order. [ECF Docket No. 71].
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WHEREAS, the Parties agree that after substantive review and cataloging of police
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reports disclosed pursuant to discovery, numerous reports must be replaced in order to
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effectively provide statistical evidence to the Court.
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WHEREAS, both Counsels have conflicts that make filing by June 24, 2011, and
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opposing by July 22, 2011 punitive and difficult.
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WHEREAS, defendants are currently in settlement discussions for the consolidated
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cases of Cicala and Heiman which the parties believe requires clarification from the Court
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prior to proceeding with the Motion for Class Certification.
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WHEREAS, the parties agree that allowing further time for filing and responding to
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Plaintiffs’ Motion for Class Certification will preserve the parties’ and Court’s resources and
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further benefit the issues subject of the Motion for Class Certification.
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WHEREAS, the parties agree to extend Plaintiffs’ time to file the Motion for Class
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Certification by forty-two (42) days from June 24, 2011 to August 5, 2011.
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WHEREAS, the parties agree to extend Defendants’ Opposition to the Motion for Class
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Certification by forty-two (42) days from July 22, 2011 to September 2, 2011.
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WHEREAS, the parties agree to extend Plaintiffs’ time to file Reply, if any, to plaintiffs’
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Motion by forty-two (42) days from August 12, 2011 to September 23, 2011.
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Page 2
AMENDED STIPULATION AND [PROPOSED] ORDER GRANTING BRIEFING SCHEDULE FOR PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION.

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WHEREAS, the parties agree to the hearing date for Plaintiffs’ Motion for Class
Certification by forty-two (42) days from August 26, 2011 to October 7, 2011.
NOW THEREFORE, the parties hereby agree and stipulate that this matter and all filing

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deadlines associated with it, as ordered through prior Stipulations, are hereby extended by

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forty-two (42) days to resolve all procedural and substantive matters necessary to proceed

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with the Motion for Class Certification as more fully described herein.

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KALLIS & ASSOCIATES, P.C.

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Dated: June 13, 2011

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__________________/S/___________________
M. JEFFERY KALLIS, current cocounsel for plaintiffs

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BUSTAMANTE O’HARA &
GAGLIASSO, P.C.

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Dated: June 13, 20101
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__________________/S/___________________
ANDREW V. STEARNS
STEVEN M. BERKI, current co-counsel
for plaintiffs

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OFFICE OF THE CITY ATTORNEY OF
SAN JOSE

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Dated: June 13, 20101

__________________/S/___________________
CLIFF GREENBERG, counsel for
defendants

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Page 3
AMENDED STIPULATION AND [PROPOSED] ORDER GRANTING BRIEFING SCHEDULE FOR PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION.

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GENERAL ORDER 45(X)(B) STATEMENT
Pursuant to General Order No. 45(X)(b), I hereby attest that concurrence in the filing of

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this document has been obtained from counsel for Defendant CITY OF SAN JOSE and

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individual defendants, and that I have retained in my possession all signatures of counsel

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subject to this stipulation.

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By

/S/
Andrew V. Stearns

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AMENDED STIPULATION AND [PROPOSED] ORDER GRANTING BRIEFING SCHEDULE FOR PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION.

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------------------ ORDER
[PROPOSED]

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The Court, having considered the parties’ Stipulation, the documents and records on
file with the court, and finding good cause therefore, hereby orders:

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Plaintiffs’ Motion for Class Certification is to be filed by no later than Friday,

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August 5, 2011.

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Defendants’ Opposition to Plaintiffs’ Motion for Class Certification is to be filed by

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no later than Friday, September 2, 2011.

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Plaintiffs’ Reply in Support of Motion for Class Certification is to be filed by no

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later than Friday, September 23, 2011.

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The hearing on Plaintiffs’ Motion for Class Certification is set for Friday, October

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7, 2011.

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IT IS SO ORDERED.
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Dated: 6/30/11

By:
Hon. Jeremy Fogel
United States District Court Judge

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AMENDED STIPULATION AND [PROPOSED] ORDER GRANTING BRIEFING SCHEDULE FOR PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION.