Knotts v. Carreira et al

Filing 48

STIPULATION AND ORDER CONTINUING DATES re 47 . Motion for Summary Judgment Hearing set for 6/24/2011 09:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Jeremy Fogel. The case management conference is vacated. Signed by Judge Jeremy Fogel on 5/9/11. (dlm, COURT STAFF) (Filed on 5/12/2011)

1 Anthony Boskovich, No. 121198
Boskovich & Appleton
2 28 N. First Street, 6th Floor
San Jose, California 95113-1210
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4 [phone]
5 Attorney for plaintiff JONATHAN KNOTTS

Law Offices of Anthony Boskovich 28 North First Street, 6th Floor, San Jose, CA 95113 [phone]

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IN THE DISTRICT COURT OF THE UNITED STATES OF AMERICA

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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12 JONATHAN KNOTTS,
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)
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v.
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RAY CARREIRA, a Santa Clara police officer;
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STEVEN ERNST, a Santa Clara police officer;
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JOHN DOE AND RICHARD ROE, Santa Clara )
police officers, the identities and exact number of )
whom unknown to Plaintiff at this time; CITY OF )
SANTA CLARA; DOES 1 through 25,
)
Defendants.
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__________________________________________)
Plaintiff,

No. CV 09-04851 JF
STIPULATION AND
------------------ ORDER
[PROPOSED]
CONTINUING DATES

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The parties to this action, by and through their attorneys of record, Michael Serverian for

20 Defendants and Anthony Boskovich for Plaintiff, hereby stipulate as follows:
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Plaintiff has been attempting to take the depositions of defendant Ernst and witness Charles

22 Sisson since January 2011. Defendant Ernst has been unavailable and his first available date for
23 deposition is 29 April 2011. Additionally, Mr. Sisson has been avoiding service of his subpoena.
24 Plaintiff contends that he needs both depositions in order to effectively oppose defendants’ motion
25 for summary judgment, with the opposition being due on 29 April 2011.
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Stipulation and [Proposed] Order

28 CV 09-04851 JF

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Based upon this, the parties hereby stipulate that the hearing on defendants’ motion for

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2 summary judgment be continued to 20 June 2011 or thereafter at the court’s convenience in order
3 to allow the duly noticed depositions to proceed and to allow plaintiff adequate time to oppose the
4 motion.
The parties further stipulate that, given the proximity of the proposed motion hearing date

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Law Offices of Anthony Boskovich 28 North First Street, 6th Floor, San Jose, CA 95113 [phone]

6 and the trial in this matter, that they have no objection to a continuance of the trial and other dates
7 at the Court’s convenience.
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Dated: 27 April 2011

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/s/ Anthony Boskovich
11 _______________________________
Anthony Boskovich
12 Attorney for plaintiff
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Dated: 27 April 2011

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/s/ Michael Serverian
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16 Michael Serverian
Attorney for defendants
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ORDER

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On stipulation of the parties, and GOOD CAUSE APPEARING,

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IT IS HEREBY ORDERED that the hearing on defendants’ motion for summary

June 24,
22 judgment is continued until ______________ 2011. Plaintiff’s opposition and defendants’ reply, if
23 any, shall be filed in accordance with local rule.

The case management conference is vacated.

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Stipulation and [Proposed] Order

28 CV 09-04851 JF

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xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
IT IS FURTHER ORDERED THAT ____

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5/9
3 Dated: ___________ 2011
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Law Offices of Anthony Boskovich 28 North First Street, 6th Floor, San Jose, CA 95113 [phone]

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_________________________________________
Judge of the United States District Court

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Stipulation and [Proposed] Order

28 CV 09-04851 JF

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