Harper v. City of San Jose et al

Filing 24

ORDER Denying 23 Stipulation re Modification of Case Schedule. Accordingly, the Court DENIES the Stipulation and the parties shall adhere to the April 8,2010 Scheduling Order. Please see Order for further specifics. Signed by Judge James Ware on 11/2/2010. (ecg, COURT STAFF) (Filed on 11/2/2010)

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THOMAS K. BOURKE, (#56333) Law Office of Thomas K. Bourke One Bunker Hill, Eighth Floor 601 West Fifth Street Los Angeles, California 90071-2094 Telephone Number: [phone] Facsimile Number: [phone] E-Mail: [e-mail] Attorney for GLENN E. HARPER

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RICHARD DOYLE, City Attorney (#88625) NORA FRIMANN, Assistant City Attorney (#93249) MICHAEL J. DODSON, Sr. Deputy City Attorney (#159743) re NKIA D. RICHARDSON, Deputy City Attorney (#193209) mes Wa Judge Ja Office of the City Attorney 200 East Santa Clara Street San José, California 95113-1905 ER C Telephone Number: [phone] N OF Facsimile Number: [phone] D IS T IC T R E-Mail Address: [e-mail]

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Attorneys for CITY OF SAN JOSE, SAN JOSE POLICE DEPARTMENT & ROBERT DAVIS UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION GLENN E. HARPER, Plaintiff, v. CITY OF SAN JOSE; the SAN JOSE POLICE DEPARTMENT; and ROBERT DAVIS, individually and in his official capacity as Chief of the SAN JOSE POLICE DEPARTMENT, and DOES, inclusive, Defendants. ///// /////
STIPULATION AND [PROPOSED] ORDER MODIFYING SCHEDULING ORDER Case Number: C09-05758 JW 701311

Case Number: C09-05758 JW ORDER DENYING [PROPOSED] STIPLUATION ANDSTIPULATION ORDER MODIFYING SCHEDULING RE: MODIDIFCATION OF CASE ORDER SCHEDULE

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Plaintiff and Defendants in the parties' Stipulation to Modify the stipulate, and jointly Presently before the Court is the above entitled matter hereby Court's April 8, 2010 request that the Court extend all dates in the Scheduling Order filed on April 8, 2010 Scheduling Order. (Docket Item No. 23.) The parties request to modify the Case Schedule on the (docket #120) by 90 days. In support of this stipulation, the parties hereby submit the ground that current counsel of record for Plaintiff, Mr. Bourke, will be substituted by new counsel, following as good cause for granting this request: Mr. Patrick J. Manshardt. (Id.) However, the parties represent that an attorney, Patrick J. 1. Defendants' counsel was recently contacted by Mr. Manshardt is currently Manshardt,from practicing law in the on this case with and in this counsel, Thomas K. Bourke, "suspended who has been working state of California Plaintiff's district" and that he should be advising that Mr. Manshardt, will be substituting in as sole counsel for Plaintiff in this "reinstate[d] to practice in the near future." (Id.) The Court finds that it cannot modify the Case action. Schedule based on these representations. First, substitution of counsel has not yet occurred. Second, 2. Currently, Mr. Manshardt is suspended from practicing law in the state of new proposed counsel District. Mr. Manshardt has bar to practice law in California that he California, and in thishas been suspended by the state informed Defendants' counseland his should be reinstated to practice in the near future. concrete, namely, "in the near future." reinstatement to the bar does not appear to be sufficiently 3. Plaintiff's counsel, Thomas Bourke, is aware of the situation and once Mr. Accordingly, the Court DENIES the Stipulation and the parties shall adhere to the April 8, Manshardt is reinstated by the Bar, Mr. Manshardt will take over as sole counsel for 2010 Scheduling Order. Plaintiff in this action. 4. Defendants' counsel has been informed of all of this information and has no Dated: November 2, 2010 ___________________________ JAMES objection to extending the dates as stipulated herein. WARE United States District Judge Accordingly, the parties hereby jointly request that the Court's Scheduling Order be modified as follows: 1. Close of all discovery: Extended from December 10, 2010 to March 10,

2. May 9, 2011; 3.

Last day for hearing dispositive motions: Extended from February 7, 2011 to

Preliminary Pretrial Conference be continued from November 15, 2010 at

11:00 a.m. to a date that is convenient for the Court; and ///// ///// /////
STIPULATION AND [PROPOSED] ORDER MODIFYING SCHEDULING ORDER Case Number: C09-05758 JW 701311