Estate of Gurmit Singh et al v. City of Gilroy et al

Filing 47

STIPULATION AND ORDER Granting Request to Vacate Trial and Set Case Management Conference re 46 Stipulation. ***Trial Deadlines terminated. Joint Case Management Statement due by 10/8/2010. Case Management Conference set for 10/18/2010 10:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 8/10/2010. (ecg, COURT STAFF) (Filed on 8/10/2010)

Download PDF
2 3 4 5 6 7 8 9 10 11 12 13 UNIT ED S 1 Attorneys for Defendants, CITY OF GILROY, POLICE CHIEF DENISE TURNER, CAPTAIN SCOT SMITHEE, OFFICER RODRIGUEZ, SERGEANT WES STANFORD, OFFICER JAQUEZ, OFFICER HEATH ER N F D IS T IC T O R 8/10/2010 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ESTATE OF GURMIT SINGH, et al. Plaintiffs, ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. C09-00740 JW STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL AND SET POST-ADR CASE MANAGEMENT CONFERENCE 14 vs. 15 CITY OF GILROY, et al., 16 Defendants. 17 18 19 20 21 22 23 24 25 26 27 28 Complaint Filed: 2/19/09 Trial Date: 12/8/10 [JURY TRIAL DEMANDED] The parties have conducted extensive discovery in this case, and such discovery is ongoing. The parties have also repeatedly met and conferred with regard to discovery, through their counsel, including expert discovery. fatal police shooting case. By order issued June 24, 2010, the Court set this matter for jury trial scheduled to commence on December 8, 2010, with jury selection set for December 7, 2010, a Final Pretrial Conference set for November 22, 2010, and associated deadlines. The parties, This is a highly complex, multi-party through their counsel, filed a Stipulation, on July 12, 2010, 1 STIP. & [PROPOSED] ORDER TO CONT. TRIAL AND SET POST-ADR CMC 09-00740 JW A C LI FO #65909-3-104 TIMOTHY J. SCHMAL, ESQ. #104874 BURLEIGH E. SABIN, ESQ. #250185 BURTON, SCHMAL & DiBENEDETTO, LLP 133 Mission Street, Suite 102 Santa Cruz, CA 95060 Phone: (831)425-5023 Facsimile: (831)427-3159 S DISTRICT TE C TA m Judge Ja es Ware R NIA D RDERE S SO O IED IT I DIF 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 jointly requesting a setting of a case management conference in this matter, which the Court denied, without prejudice, by order dated July 19, 2010, asking the parties to specify the purpose of the conference. ALTERNATIVE DISPUTE RESOLUTION At an early stage during the pendency of this case, the matter was referred to Alternative Dispute Resolution Administrator Daniel Bowling, who conducted multiple conference calls with all counsel, and filed reports with the Court. The parties through their counsel elected not to hold any formal ADR in this case, and Mr. Bowling confirmed that by his reports to the Court, most recently on December 29, 2009. The parties have now agreed to proceed with private mediation in this case, and, due to availability issues, have not been able to set a date any earlier than October 1. The parties have therefore now set an all-day mediation with San Jose attorney mediator Charlie Hawkins for Friday, October 1, 2010. REQUEST FOR VACATING OF TRIAL AND RELATED DATES AND SETTING OF NEW CASE MANAGEMENT CONFERENCE DATE In order for the parties to meaningfully explore amicable 20 resolution, through private mediation, the parties hereby request 21 that the Court vacate the December jury trial date, associated 22 conferences and deadlines, and set this matter for a case 23 management conference, for some time after the October 1, 2010 24 private mediation. 25 26 Date: 27 28 July 27, 2010 /s/ - "Karen L. Snell" KAREN LEIGH SNELL Attorneys for Plaintiffs, ESTATE OF GURMIT SINGH, et al. 2 STIP. & [PROPOSED] ORDER TO CONT. TRIAL AND SET POST-ADR CMC 09-00740 JW 1 2 3 4 5 6 7 8 9 Date: July 27, 2010 BURTON, SCHMAL & DiBENEDETTO, LLP /s/ - "Burleigh Sabin" BY: BURLEIGH E. SABIN Attorneys for CITY OF GILROY, POLICE CHIEF DENISE TURNER, CAPTAIN SCOT SMITHEE, OFFICER RODRIGUEZ, SERGEANT WES STANFORD, OFFICER JAQUEZ, OFFICER HEATH. ORDER The December 8, 2010 jury trial date, and associated 10 appearances and deadlines, set forth in this Court's Order of July 11 19, 2010, are hereby vacated. 12 case management conference to be held on October 18, 2010 at 10:00 AM. On ________________________ 13 or before October 8, 2010 , the parties shall file a joint case management conference statement or before ____________________________. 14 updating the Court on their settlement efforts and providing an alternate proposed trial schedule. 15 IT IS SO ORDERED. IT IS SO ORDERED. 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIP. & [PROPOSED] ORDER TO CONT. TRIAL AND SET POST-ADR CMC 09-00740 This matter will now be set for a Date: August 10, 2010 _________________ _______________________________ THE HONORABLE JAMES WARE, JUDGE OF THE U.S. DISTRICT COURT. JW

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?