Arizmendi et al v. City of San Jose et al

Filing 154

STIPULATION AND ORDER AS MODIFIED BY THE COURT GRANTING REQUEST for Staying Action for 50 Days and Re-Setting Dates re 153 Stipulation. The Motion Hearing and Preliminary Pretrail Conference scheduled for 1/13/2012 ARE VACATED. Good Cause showin g all current dates, hearings and activities are stayed until March 5, 2012 save for any obligations imposed by this Order: Joint Status Statement due by 2/24/2012. Status Conference set for 3/2/2012 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Please see Order for further specifics. Signed by Judge Edward J. Davila on 1/12/2012. (ecg, COURT STAFF) (Filed on 1/12/2012)

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Attorneys for Plaintiffs

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S

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J . D av i l

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J u d ge E

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Andrew V. Stearns, SBN 164849
Steven M. Berki, SBN 245426
Gaurav D. Sharma, SBN 269123
BUSTAMANTE ♦ O'HARA ♦ GAGLIASSO, PC
River Park Tower
333 W. San Carlos St., 8th Floor
San Jose, California 95110
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

DERED
SO OR
IT IS
DIFIED
AS MO

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River Park Tower
333 W. San Carlos St., 8th Floor
San Jose, California 95110
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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KALLIS & ASSOCIATES p.c.

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THE LAW FIRM OF

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M. Jeffery Kallis, SBN 190028

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S DISTRICT
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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT
SAN JOSE DIVISION

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Plaintiffs,
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vs.
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CITY OF SAN JOSE, et al.,
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Defendants.
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__________________________________________________________ )
THERESE ARIZMENDI, et al.,

Case No. 5:08-CV-05163 EJD

STIPULATION AND ORDER STAYING ACTI0N
FOR 50 DAYS AND RE-SETTING DATES AT A
CMC TO BE SET AFTER THE 50 DAY STAY
Demand for Jury Trial

Whereas Plaintiff’s Counsel has sent a Confidential Letter to the Court setting forth his

current medical condition and requesting a 50 day stay in all proceedings, including hearings,

discovery and motions;

Whereas, Plaintiff’s Counsel has contacted the attorneys for the defendants by e-mail and/or

STIPULATION AND ORDER STAYING ACTION FOR 50 DAYS AND RE-SETTING DATE AT A CMC
Page 1

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telephone and advised them of the need for a stay and the fact that Plaintiffs’ counsel will be having

invasive surgery and then rehabilitation, defendants have agreed to stay all aspects of the action for
50 days from the 13th of January, 2012 until March 6, 2012.

Whereas, the medical condition of the Plaintiff’s counsel will be determinable on or before

the 6th of March, 2012, the parties agree that if a further stay is required, for medical reason, they
will so stipulate at that time.

DATED: January 11, 2012

DATED: January 11, 2012

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DATED: January 11, 2012

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By:

By:

By:

THE LAW FIRM OF

KALLIS

& ASSOCIATES p.c.

______/s/__________________________________________
M. Jeffery Kallis
Plaintiff

BUSTAMANTE O'HARA & GAGLIASSO, PC

______/s/__________________________________________
ANDREW V. STEARNS
STEVEN M. BERKI
Plaintiff

SAN JOSE CITY ATTORNEY’S OFFICE

______/s/__________________________________________
DAISY NISHIGAYA
For Defendant

Good Cause showing all current dates, hearings and activities are stayed until March 6, 2012, at
save time a obligations scheduled to assess if additional time is needed for Plaintiff’s Counsel’s
whichfor any CMC will be imposed by this order.
The motion hearing and Preliminary dates for all currently calendared January
medical recovery and to establish newPretrial Conference scheduled foractivities. 13, 2012, are
VACATED. This action is scheduled for a Status Conference on March 2, 2012, at 10:00 a.m.
Date parties shall ,file a Joint Status Conference ___________________________________________________
2012
The January
Statement on or before February 24, 2012,
The Honorable Edward Davila
which provides, inter alia, an update as to the status of the case as well as a proposal for
Judge of the Northern District Court
rescheduling the motion hearing and Preliminary Pretrial Conference.
IT IS SO ORDERED.

DATED: January 12, 2012

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STIPULATION AND ORDER STAYING ACTION FOR 50 DAYS AND RE-SETTING DATE AT A CMC
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_________________________________
EDWARD J. DAVILA
United States District Judge