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

Filing 81

STIPULATION AND ORDER Granting Request for Order Setting Case Management Conference re #80 Stipulation. Case Management Conference set for 7/15/2011 10:00 AM in Courtroom 1, 5th Floor, San Jose. Signed by Judge Edward J. Davila on 6/30/2011. (ecg, COURT STAFF) (Filed on 6/30/2011)

1
2
3
4

#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: [phone]
Facsimile: [phone]

5
6
7

Attorneys for Defendants, CITY OF
GILROY, POLICE CHIEF DENISE TURNER,
CAPTAIN SCOT SMITHEE, OFFICER
RODRIGUEZ, SERGEANT WES STANFORD,
OFFICER JAQUEZ, OFFICER HEATH

8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE NORTHERN DISTRICT OF CALIFORNIA
10
SAN JOSE DIVISION
11
12

ESTATE OF GURMIT SINGH, et
al.

13

Plaintiffs,

14
15

vs.
CITY OF GILROY, et al.,

16

Defendants.

)
)
)
)
)
)
)
)
)
)
)

Case No. C09-00740 EJD
JOINT REQUEST, STIPULATION,
AND [PROPOSED] ORDER SETTING
CASE MANAGEMENT CONFERENCE
Complaint Filed: 2/19/09
Trial Date: 9/13/11
[JURY TRIAL DEMANDED]

17
18
19
20
21
22
23
24
25
26
27
28

TO:

THE HONORABLE EDWARD J. DAVILA:
All parties hereto, through their respective counsel, request

that the Court set this matter for a Case Management Conference on
Friday, July 15, 2011, at 10:00 a.m.

This case is currently set

for jury trial scheduled to commence on September 13, 2011, but the
Pre-Trial Conference date that was set for August 29, 2011, has
been vacated by the reassignment orders, and all interim deadline
dates have been vacated as well.

The parties filed a Joint Case

Management Statement on May 5, 2011, as required by the Court,
seeking clarification of the issues herein, but received no Case

1
JOINT REQUEST FOR SETTING OF CASE MANAGEMENT CONF. ...

[C09-00740 EJD]

1

Management Order from the Court.

Further, counsel has been

2

advised, by Court staff, that criminal cases have received

3

preferential trial setting on Judge Davila’s docket through the

4

remainder of 2011.

5

Therefore counsel and the parties wish to resolve, with the

6

Court, the apparent discrepancies in the current case scheduling

7

orders, and wish to assure an appropriate setting of the jury trial

8

in this matter, for a date certain.

9
10

RESPECTFULLY SUBMITTED,
Date:

June 28, 2011

CASPER, MEADOWS, SCHWARTZ & COOK

11
12

___________/ Signed /________________
BY: ANDREW C. SCHWARTZ
Attorneys for Plaintiff,
ESTATE OF GURMIT SINGH, et al.

13
14
Date:

June 28, 2011

BURTON, SCHMAL & DiBENEDETTO, LLP

15
16
___________/ Signed /__________________
BY: TIMOTHY J. SCHMAL
BURLEIGH E. SABIN
Attorneys for Defendants,
CITY OF GILROY, POLICE CHIEF DENISE
TURNER, CAPTAIN SCOT SMITHEE, SERGEANT
STANFORD, OFFICER RODRIGUEZ, OFFICER
JAQUEZ, and OFFICER HEATH.

17
18
19
20
21

ORDER
22
23

This case is hereby set for a Case Management Conference on

24

Friday, July 15, 2011, at 10:00 a.m., in the San Jose Courthouse,

25

Courtroom 1, 5th Floor, 280 South 1st Street, San Jose.

26

IT IS SO ORDERED.

27
28

Date:

June 30, 2011
_________________

_______________________________
THE HONORABLE EDWARD DAVILA,
JUDGE OF THE U.S. DISTRICT COURT.

2
JOINT REQUEST FOR SETTING OF CASE MANAGEMENT CONF. ...

[C09-00740 EJD]