Heiman v. Johnson et al

Filing 36

ORDER Denying Stipulation to Vacate 4/26/2010 Preliminary Pretrial Conerence re 35 Stipulation. Preliminary Pretrial Conference set for 4/26/2010 at 11:00 AM in Courtroom 8, 4th Flor, San Jose before Hon. James Ware. Signed by Judge James Ware on 4/13/2010. (ecg, COURT STAFF) (Filed on 4/13/2010)

6 Law Offices of Anthony Boskovich 28 North First Street, 6th Floor, San Jose, CA 95113 [phone] 7 8 9 10 11 12 RONALD HEIMAN, 13 14 15 16 17 18 19 20 21 22 ) ) v. ) ) OFFICER JOHNSON, BADGE NO. ) 3827; SERGEANT BALDAL, BADGE ) NO. 3479; OFFICER A. GROGAN, ) BADGE NO. 3972; JOHN DOE and ) RICHARD ROE, police officers for the ) City of San Jose, the identity and number ) of whom are unknown to plaintiff; ) ROBERT DAVIS, individually and in his ) capacity as Chief of Police for the City of ) San Jose; CITY OF SAN JOSE, a ) municipality; DOES 1 through 100, ) Defendants. ) ____________________________________) Plaintiff,

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IN THE DISTRICT COURT OF THE UNTIED STATES OF AMERICA NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

No. 09-02617 JW STIPULATION AND [PROPOSED] ORDER AMENDING SCHEDULING ORDER

IT IS HEREBY STIPULATED by and between the parties hereto through their respective

23 attorneys of record that having met and conferred that all dates with the exception of the upcoming 24 Settlement Conference and Preliminary Pretrial Conference be VACATED. 25 The grounds for this stipulation and order are that this matter has been related by Judge

26 Fogel to the matter of Cicala, et al. v. City of San Jose, et al., Northern District of California case number 27 CV 08-04032 JF, and that this matter has been stayed for some but not all purposes. Although 28 Stipulation and [Proposed] Order Amending Scheduling Order
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5 Attorney for plaintiff RONALD HEIMAN

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4/13/2010

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4 408-286-5150

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1 Anthony Boskovich, No. 121198 Boskovich & Appleton 2 28 N. First Street, 6th Floor San Jose, California 95113 3 [e-mail]

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1 certain fact discovery is continuing in this matter, other discovery must be coordinated with the 2 related matter. Expert disclosure is impossible with respect to Monell issues at this time. The parties 3 therefore believe that the Settlement Conference should proceed, and that the current scheduling 4 order be vacated and discussed at the Preliminary Pretrial Conference currently calendared for 26 5 April 2010. 6 Law Offices of Anthony Boskovich 28 North First Street, 6th Floor, San Jose, CA 95113 [phone] 7 8 Dated: 7 April 2010 9 10 11 12 13 14 15 Dated: 7 April 2010 BOSKOVICH & APPLETON /s/Anthony Boskovich By:______________________________________ ANTHONY BOSKOVICH, Attorney for Plaintiff OFFICE OF THE CITY ATTORNEY /s/ Clifford Greenberg By:______________________________________ Clifford Greenberg Attorney for Defendants

It is so ordered: 16 The request to vacated the April 26, 2010 Preliminary Pretrial Conference is DENIED. The Preliminary Pretrial Conference remains on calendar as previously scheduled. 17 Dated: April 13, 2010 _________________________________________ The Honorable James Ware 18 Judge of the United States District Court 19 20 21 22 23 24 25 26 27 28 Stipulation and [Proposed] Order Amending Scheduling Order
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