Arizmendi et al v. City of San Jose et al

Filing 42

STIPULATION AND ORDER AS MODIFIED BY THE COURT TO MODIFY SCHEDULING ORDER re 41 Stipulation. Close of All Discovery due by 12/21/2009. Last Date to Hear Dispositive Motions by 2/22/2010 09:00 AM. Joint Preliminary Pretrial Conference statement due 11/6/2009. Preliminary Pretrial Conference set for 11/16/2009 11:00 AM in Courtroom 8, 4th Floor, San Jose. Please see Order for further specifics. Signed by Judge James Ware on 9/1/2009. (ecg, COURT STAFF) (Filed on 9/2/2009)

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M. JEFFERY KALLIS, Attorney (#190028) The Law Firm of Kallis & Associates 333 W. San Carlos, Suite 800 San Jose, CA 95110 Telephone Number: [phone] Facsimile Number: [phone] E-Mail Address: [e-mail] IGNASCIO G. CAMARENA II, Attorney (#220582) Bustamante, O'Hara & Gagliasso, P.C. 333 W. San Carlos Street, 8th Floor San Jose, CA 95110 Telephone Number: [phone] Facsimile Number: [phone] E-Mail Address: [e-mail] Attorneys for Plaintiffs

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RICHARD DOYLE, City Attorney (#88625) NORA FRIMANN, Chief Trial Attorney (#93249) MICHAEL J. DODSON, Sr. Deputy City Attorney (#159743) Office of the City Attorney 200 East Santa Clara Street San José, California 95113-1905 Telephone Number: [phone] Facsimile Number: [phone] E-Mail Address: [e-mail] Attorneys for City Defendants UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

THERESE ARIZMENDI; BABY ARIZMENDI, a minor, by and through his mother THERESE ARIZMENDI, Plaintiffs, v. CITY OF SAN JOSE, et al., Defendants.

Case Number: C-08-05163 JW STIPULATION AND [PROPOSED] ORDER MODIFYING SCHEDULING ORDER

Plaintiffs and Defendants in the above-entitled matter hereby stipulate, and respectfully request that the Court adopt the following proposed modifications to the
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Court's Scheduling Order filed on March 6, 2009. The parties request the following proposed modifications: 1. Close of all discovery: Extended from October 21, 2009 to December 21, 2009; 2. Last date for hearing dispositive motions: Extended from December 21, 2009 to March 1, 2010 (60 days from December 21, 2009 falls on a Court Holiday); 3. Preliminary Pretrial Conference rescheduled to 11:00 a.m. on November 23, 2009; 4. Preliminary Pretrial Conference Statements: November 13, 2009.

It is also the parties' stipulation, and request, that all remaining deadlines, including the deadline for disclosure of expert witnesses, rebuttal expert witnesses as well as filing any objection to proposed testimony of expert witnesses also be extended in accordance with the proposed modifications above. The reason for this request is that the husband of Plaintiff, Therese Arizmendi, has pending criminal charges arising out of the incident which forms the basis of this lawsuit. Defendants' counsel has not taken his deposition to date due to the fact that it is anticipated that most, if not all questions directed to him will be responded to with the invocation of his fifth amendment privilege against self incrimination. Accordingly, any deposition of the Plaintiff's husband until the criminal charges are resolved would be essentially useless. Defendants counsel has attempted to ascertain the status of the pending criminal charges, including by inquiring of Plaintiff's counsel. However, as of the date of this stipulation, that information has not been received. In addition, there are numerous Defendant police officers and it is anticipated that Plaintiffs' counsel will be requesting the depositions of most, if not all, of the Defendant police officers. It will therefore be extremely difficult to complete the remaining discovery prior to the discovery ///// /////
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cutoff deadline set forth in the Court's Scheduling Order. The parties therefore request that the Court adopt the proposed modifications to the Scheduling Order set forth above and enter an Order thereon. Respectfully submitted, Dated: August _____, 2009 By: ______________________________ M. JEFFERY KALLIS Attorney for Plaintiffs

Dated: August _____, 2009

By: ______________________________ IGNASCIO CAMARENA, II Attorney for Plaintiffs

Dated: August _____, 2009

RICHARD DOYLE, City Attorney

By: _________/s/___________________ MICHAEL J. DODSON Sr. Deputy City Attorney Attorney for Defendants

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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 September 1, 2009 Dated: ___________________

ORDER The Court, having considered the Stipulation of the parties, and good cause appearing: IT IS HEREBY ORDERED that the Court's Scheduling Order filed on March 6, 2009 is modified as follows: 1. 2. 3. 4. 5. Close of all discovery: December 21, 2009 Last day for hearing dispositive motions: March ary2010 Febru 1, 22, 2010 at 9 a.m. Nove a.m. on 2009 at 11 23, Preliminary Pretrial Conference: 11:00mber 16, November a.m. 2009 November 6, 2009 Preliminary Pretrial Conference Statements: November 13, 2009 In addition, the deadlines for Disclosure of Expert Witnesses, Disclosure of Rebuttal Expert Witnesses, and Objections to Proposed Testimony of an Expert are also hereby modified in accordance with the modified dates. IT IS SO ORDERED.

________________________________ HONORABLE JAMES WARE United States District Court Judge

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CASE NO. C-08-05163 JW 581876