Marker v. City of San Jose et al

Filing 54

STIPULATION AND ORDER 51 to Shorten Time for Hearing Defendant's Motion to Extend Time for Expert Disclosure an Expert Discovery. Signed by Judge Ronald M. Whyte on 5/9/13. (jg, COURT STAFF) (Filed on 5/9/2013)

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RICHARD DOYLE, City Attorney (#88625)
NORA FRIMANN, Chief Trial Attorney (#93249)
RANDOLPH S. HOM, Senior Deputy City Attorney (#152833)
RICHARD D. NORTH, Deputy City Attorney (#225617)
Office of the City Attorney
200 East Santa Clara Street
San Jose, California 95113 ’
Telephone: [phone]
Facsimile: [phone]
Email:
cao. [e-mail]
Attorneys for Defendants
CITY OF SAN JOSE and SON VU

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UNITED STATES DISTRICT COURT
NORTHERN DISTR!CT OF CALIFORNIA
SAN JOSE FACILITY

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NO.: C09-05956 RMW

MERCEDES MARKER,

PARTIES’ STIPULATION AND
[PROPOSED] ORDER TO SHORTEN
TIME FOR HEARING DEFENDANTS’
MOTION TO EXTEND TIME FOR
EXPERT DISCLOSURE AND EXPERT
DISCOVERY

Plaintiff,

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V.

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CITY OF SAN JOSE and SON VU,
Defendants.

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STIPULATION
Defendants CITY OF SAN JOSE and SON VU, and Plaintiff MERCEDES MARKER

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Whereas, the trial of this case is set to begin on June 17, 2013;

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Whereas, Defendants will be moving to extend time for expert disclosure and

22 expert discovery solely as to the Independent Medical Examiner who evaluated Plaintiff’s
23 claimed injury in this case (the "Motion");
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Whereas, Plaintiff will be opposing the Motion;

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Whereas, the Parties have met and conferred and have agreed to a stipulate to a

26 modified briefing schedule shortening time in light of the June 17, 2013 trial date;
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STIPULATION AND [PROPOSED] ORDER TO SHORTEN TIME FOR
HEARING DEFENDANTS’ MOTION TO EXTEND TIME FOR EXPERT
DISCLOSURE AND EXPERT DISCOVERY

C09-05956 RMW
974858

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Whereas, the Parties do not believe at this time that shortening the time for hearing
the Motion will impact the schedule for the case;

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Therefore, the Parties hereby agree and stipulate as follows:

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(1)

Defendants will file the Motion on May 7 2013;

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(2)

Plaintiff’s opposition to the Motion will be filed on or before May 10, 2013;

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(3)

Defendants’ reply in support of the Motion will be filed on or before May 14,
2013;

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(4)

The hearing on the Motion will take place on May 24 2013 at 9:00 am, in
Courtroom 6, 4th Floor, before Judge Ronald M. Whyte.

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Respectfully submitted,

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Dated: May 7, 2013

RICHARD DOY~L~TGi,ty Attorn#y~

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RICHARd) D. NORTH
Deputy City.Attorney

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Attorneys for CITY OF SAN JOSE
and SON VU

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Respectfully submitted,

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Law Office of Michael Millen

Dated: May 7, 2013

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MICHAEL MILLEN

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Attorney for MERCEDES MARKER

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STIPULATION AND [PROPOSED] ORDER TO SHORTEN TIME FOR
HEARING DEFENDANTS’ MOTION TO EXTEND TIME FOR EXPERT
DISCLOSURE AND EXPERT DISCOVERY

C09-05956 RMW
974858

ORDER

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Having read and considered the Parties’ Stipulation, and finding good cause for the

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relief requested therein, the court orders the following:

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(1)

Defendants will file their motion to extend time for expert disclosure and

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expert discovery solely as to the Independent Medical Examiner who

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evaluated Plaintiff’s injury in this case (the "Motion") on May 7, 2013;

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(2)

Plaintiff’s opposition to the Motion will be filed on or before May 10, 2013;

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(3)

Defendants’ reply in support of the Motion will be filed on or before May 14,

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2013;

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(4)

The hearing on the Motion will take place on May 24, 2013 at 9:00 am, in
Courtroom 6, 4th Floor, before Judge Ronald M. Whyte.

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13 Dated:
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HON. RONALD M. WHYTE

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STIPULATION AND [PROPOSED] ORDER TO SHORTEN TIME FOR
HEARING DEFENDANTS’ MOTION TO EXTEND TIME FOR EXPERT
DISCLOSURE AND EXPERT DISCOVERY

C09-05956 RMW
974858