Arizmendi et al v. City of San Jose et al

Filing 110

STIPULATION AND ORDER AS MODIFIED BY THE COURT SETTING HEARING ON DISPOSITIVE MOTION re 104 Stipulation; Finding as MOOT 109 Letter. Set/Reset Deadlines as to 105 MOTION for Summary Judgment. Opposition due by 8/30/2010. Replies due by 9/20/2010. Motion Hearing set for 10/25/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 5/24/2010. (ecg, COURT STAFF) (Filed on 5/24/2010)

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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 J. DODSON, Sr. Deputy City Attorney #159743 MICHAEL R. GROVES, Sr. Deputy City Attorney #85620 DAISY M. NISHIGAYA, Deputy City Attorney #86614 Office of the City Attorney 200 East Santa Clara Street San Josť, California 95113-1905 Phone: (408) 535-1900 Fax: (408) 998-3131 E-Mail: CAO.Main@sanjoseca.gov Attorneys for Defendants, CITY OF SAN JOSE, CHIEF DAVIS, OFFICER DELOSSANTOS, OFFICER COOK, OFFICER MIRI, OFFICER SIT, OFFICER KURRLE, OFFICER ORDAZ, OFFICER LUTTICKEN, OFFICER PARENTE, OFFICER VAUGHN, SGT. BOYLE, SGT. IMOBERSTEG, SGT. BENNETT, and SGT. PATE M. Jeffery Kallis, SBN 190028 THE LAW FIRM OF KALLIS & ASSOCIATES, P.C. 333 W. San Carlos St., 8th Floor San Jose, CA 95110 Phone: (408) 971-4655 Fax: (408) 971-4644 E-Mail: M J Kallis @Kallislaw.org Andrew V. Stearns, SBN 164849 Steven M. Berki, SBN 245426 BUSTAMANTE, O'HARA & GAGLIASSO, P.C. 333 W. San Carlos St., 8th Floor San Jose, California 95110 Phone: (408) 977-1911 Fax: (408) 977-0746 E-Mail: astearns@boglawyers.com E-Mail: sberki@boglawyers.com Attorneys for Plaintiffs, THERESE ARIZMENDI and BABY ARIZMENDI UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION THERESE ARIZMENDI, et al., Plaintiffs, v. CITY OF SAN JOSE, et al., Defendants. Case Number: C08-05163 JW STIPULATION AND [PROPOSED] ORDER MODIFYING DATE FOR DEFENDANTS' DISPOSTIVE MOTION Complaint filed November 13, 2008 Pre-Trial Conference Date: None (Docket No. 72) Trial Date: None 1 Stipulation and [Proposed] Order Modifying Date for Defendants' Dispositive Motion C08-05163 JW 657986 UNIT ED S S DISTRICT TE C TA ER N C F D IS T IC T O R 5/24/2010 A LI FO m Judge Ja es Ware R NIA D RDERE IS SO O FIED IT DI AS MO RT U O NO RT H 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 IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN THE PARTIES through their counsel of record as follows: WHEREAS, fact discovery in this matter is currently set to close on May 14, 2010 per the Court's Order Partially Modifying Scheduling Order (E-Pacer Docket Entry 103); WHEREAS, the due date for expert reports has been extended to June 1, 2010 (EPacer Docket Entry 103); WHEREAS, the expert depositions are set to be completed by June 15, 2010 (EPacer Docket Entry 103); WHEREAS, the final date for hearing dispositive motions was previously set by the Court for June 21, 2010, but was not adjusted in the most recent Scheduling Order modification (E-Pacer Docket Entry 46); WHEREAS, the final date for filing dispositive motions, including Motions for Summary Judgment/Adjudication is thirty-five (35) days prior to the hearing date pursuant to Northern District Civil Local Rules and Federal Rules of Civil Procedure and the defendants have prepared and are ready to file a Motion for Summary Judgment by May 17, 2010 pursuant to the current Scheduling Order; WHEREAS, no trial date has been currently set by the Court; WHEREAS experts reports and depositions will not have taken place by the date required for parties Motions for Summary Judgment/Adjudication, the parties request an extension of the dispositive motion date for defendants' Motion for Summary Judgment so the Court may have before it, expert reports and other information necessary to decide the Motion for Summary Judgment/Adjudication; THEREFORE, the parties have stipulated and agreed to the following modifications to the Scheduling Order and seek this Court's approval of the same: 1. Defendants shall have until July 30, 2010 to file a dispositive motion with a hearing date of September 16, 2010, all Opposition and Reply papers shall be filed in conformance with the dates prescribed by Northern District Local Rule 7-3; 2 Stipulation and [Proposed] Order Modifying Date for Defendants' Dispositive Motion C08-05163 JW 657986 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 2. In the alternative, should the Court not issue an Order by Monday, May 17, 2010 and defendants file their Motion for Summary Judgment on that date, plaintiffs shall have until July 26, 2010 to file their Opposition to Motion for Summary Judgment, with defendants' Reply due August 2, 2010 and a hearing date on the Motion of August 16, 2010. DATED: May 14, 2010 THE LAW FIRM OF KALLIS & ASSOCIATES, P.C. By: ______/s/ M. Jeffery Kallis__________________ M. JEFFERY KALLIS, ESQ. Attorneys for Plaintiffs, THERESE ARIZMENDI and BABY ARIZMENDI DATED: May 14, 2010 BUSTAMANTE, O'HARA & GAGLIASSO, PC By: ______/s/ Steven M. Berki__________________ ANDREW M. STEARNS, ESQ. STEVEN M. BERKI, ESQ. Attorneys for Plaintiffs, THERESE ARIZMENDI and BABY ARIZMENDI DATED: May 14, 2010 RICHARD DOYLE, City Attorney By: ______/s/ Michael R. Groves________________ MICHAEL R. GROVES, Sr. Deputy City Attorney Attorneys for Defendants, CITY OF SAN JOSE, CHIEF DAVIS, OFFICER DELOSSANTOS, OFFICER COOK, OFFICER MIRI, OFFICER SIT, OFFICER KURRLE, OFFICER ORDAZ, OFFICER LUTTICKEN, OFFICER PARENTE, OFFICER VAUGHN, SGT. BOYLE, SGT. IMOBERSTEG, SGT. BENNETT, and SGT. PATE 3 Stipulation and [Proposed] Order Modifying Date for Defendants' Dispositive Motion C08-05163 JW 657986 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 ORDER The Court continues the Motion for Summary Judgment (Docket Item No. 105) from June 21, So Ordered. DATED:October 25, 2010 at 9:00 AM. Plaintiffs'shall file their Opposition on or before August 30, 2010 to ____________ HONORABLE JAMES WARE United States District Court 2010. Defendants'shall file their reply briefs on or before September 20, 2010. Plaintiffs'Letter re Northern District Of California supplemental request to alter Motion for Summary Judgment hearing date and response dates (Docket Item No. 109) is found as MOOT. Date: May 24, 2010 ______________________________ United States District Judge 4 Stipulation and [Proposed] Order Modifying Date for Defendants' Dispositive Motion C08-05163 JW 657986

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