Canas et al v. City of Sunnyvale et al

Filing 51

STIPULATION AND ORDER TO CONTINUE TIME FOR EARLY NEUTRAL EVALUATION re 47 . Signed by Judge Jeremy Fogel on 10/22/09. (dlm, COURT STAFF) (Filed on 10/23/2009)

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

Gregory M. Fox, State Bar No. 070876 Dana L. Soong, State Bar No. 168160 BERTRAND, FOX & ELLIOT The Waterfront Building 2749 Hyde Street San Francisco, California 94109 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants CITY OF SUNNYVALE, CHRIS SEARLE and DARREN PANG UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ­ SAN JOSE DIVISION

ERIKA CANAS, JOSE CANAS, a minor, by and through his guardian ad litem, and JESUS CANAS, by and through his guardian ad litem, vs. Plaintiffs,

Case No.: C08-05771 JF -----------------STIPULATION AND [PROPOSED] ORDER TO CONTINUE TIME FOR EARLY NEUTRAL EVALUATION

CITY OF SUNNYVALE, CHRIS SEARLE, DARREN PANG and DOES ONE through TWENTY-FIVE, Defendants. IT IS HEREBY STIPULATED by the parties hereto, through their respective undersigned attorneys of record, that the date and time for completion of the Early Neutral Evaluation be continued to November 27. An initial ENE session was held on October 6. The parties and evaluator agreed the parties should exchange discovery and hold a second session on November 20. Good cause is shown as the parties are in the process of agreeing upon a protective order to be submitted to the court. Once said protective order is entered by the court, discovery will proceed. In order to allow for a meaningful analysis of the case, it is preferable that the parties have an opportunity to review the documents before the continued ENE. Thus, a continuance until November 27 for the date and time to conduct ENE will allow such review to take place.

1

STIPULATION AND PROPOSED ORDER TO CONTINUE TIME FOR ENE

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

Dated: October 9, 2009

BERTRAND, FOX & ELLIOT

By:

/s/ M. Fox Attorneys for Defendants CITY OF SUNNYVALE, CHRIS SEARLE and DARREN PANG
Gregory

Dated: October 9, 2009

ROBERTS & ELLIOT LLP

By: James Roberts, Esq.

/s/ Sharmi Shah, Esq. Attorneys for Plaintiffs ERIKA CANAS, JOSE CANAS, and JESUS CANAS

ORDER Good cause appearing, THE STIPULATION IS SO ORDERED. 10/22 Dated: ___________________, 2009 __________________________________________ Hon. Jeremy Fogel UNITED STATES DISTRICT COURT JUDGE ATTORNEY ATTESTATION I hereby attest that I have on file all holograph signatures for any signatures indicated by a conformed signature ("/s/") within this E-filed document.

Dated: October 13, 2009

/s/ Gregory M. Fox

2

STIPULATION AND PROPOSED ORDER TO CONTINUE TIME FOR ENE