Ciampi v City of Palo Alto, et al

Filing 202

Order by Hon. Lucy H. Koh granting 201 Motion to Strike ECF Nos. 169 and 184 and Requiring Defendant to File Indemnification Agreements and Position Statement. (lhklc1, COURT STAFF) (Filed on 9/12/2011)

1
2
3
4
5
6
UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9
United States District Court
For the Northern District of California

7

SAN JOSE DIVISION

10
11
12
13
14
15
16
17
18
19

JOSEPH CIAMPI,

)
)
Plaintiff,
)
v.
)
)
CITY OF PALO ALTO, a government entity; )
LYNNE JOHNSON, an individual; CHIEF
)
DENNIS BURNS, an individual; OFFICER
)
KELLY BURGER, an individual; OFFICER
)
MANUEL TEMORES, an individual; OFFICER )
APRIL WAGNER, an individual; AGENT DAN )
RYAN; SERGEANT NATASHA POWERS,
)
individual,
)
)
Defendants.
)
)

Case No.: 09-CV-02655-LHK
ORDER GRANTING PLAINTIFF’S
MOTION TO STRIKE COURT
DOCUMENTS 169 AND 184 AND
REQUIRING DEFENDANT TO
PRODUCE INDEMNIFICATION
AGREMENTS AND FILE POSITION
STATEMENT

Plaintiff has moved to strike ECF Nos. 169 and 184, which were set for a hearing on

20

September 14, 2011. See ECF No. 201. The Court construes Plaintiff’s motion to strike his two

21

motions as a motion to withdraw. Plaintiff’s motion to withdraw is hereby GRANTED;

22

accordingly, the hearing on ECF Nos. 169 and 184 is hereby VACATED. The Pretrial Conference

23

scheduled for September 14, 2011, remains as set.

24

By 5:00 p.m. PST, Tuesday, September 13, 2011, Defendant City of Palo Alto is hereby

25

ORDERED to file its indemnification agreements, if any, with its experts, Andrew Hinz and

26

Warren Page, and to file a statement of its position regarding Plaintiff’s reservation of his right to

27
28

1
Case No.: 09-CV-02655-LHK
ORDER GRANTING PLAINTIFF’S MOTION TO STRIKE COURT DOCUMENTS 169 AND 184 AND
REQUIRING DEFENDANT TO PRODUCE INDEMNIFICATION AGREMENTS AND FILE POSITION
STATEMENT

1

sue third-parties, including, but not limited to, Taser International, under the Settlement

2

Agreement. If applicable, Defendant shall comply with Civil Local Rule 79-5.

3
4

IT IS SO ORDERED.

5
6

Dated: September 12, 2011

_________________________________
LUCY H. KOH
United States District Judge

7
8

United States District Court
For the Northern District of California

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2
Case No.: 09-CV-02655-LHK
ORDER GRANTING PLAINTIFF’S MOTION TO STRIKE COURT DOCUMENTS 169 AND 184 AND
REQUIRING DEFENDANT TO PRODUCE INDEMNIFICATION AGREMENTS AND FILE POSITION
STATEMENT