Pham et al v. City of San Jose et al

Filing 19

STIPULATION AND ORDER GRANTING Request to Modify Deadline to Hold ENE Session re 18 Stipulation. The Court hereby extends the deadline to hold an Early Neutral Evaluation in this case to January 20, 2012. Signed by Judge Edward J. Davila on 12/9/2011. (ecg, COURT STAFF) (Filed on 12/9/2011)

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RICHARD DOYLE, City Attorney (#88625)
NORA FRIMANN, Assistant City Attorney (#93249)
CLIFFORD GREENBERG, Sr. Deputy City Attorney (#122612)
STEVEN B. DIPPELL, Sr. Deputy City Attorney (#121217)
Office of the City Attorney
200 East Santa Clara Street, 16th Floor
San José, California 95113-1905
Telephone Number: [phone]
Facsimile Number: [phone]
E-Mail Address: [e-mail]
Attorneys for Defendants, CITY OF SAN JOSE,
OFFICER JEFFREY and OFFICER BLACKERBY

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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VINH HUU PHAM AND LAN THI DO,

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Plaintiffs,

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Case Number: CV11-01526 EJD

v.
CITY OF SAN JOSE, a municipality of the
State of California, OFFICER BRIAN
JEFFREY, #3926, individually and in his
official capacity as a police officer,
OFFICER MATTHEW BLACKERBY,
#3999, individually and in his official
capacity as a police officer, and DOES 1100, inclusive,

STIPLUATION AND [PROPOSED]
ORDER MODIFYING DEADLINE TO
HOLD EARLY NEUTRAL
EVALUATION

Trial Date: None Set

Defendants.

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Plaintiffs and Defendants in the above entitled matter hereby stipulate and jointly

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request that the Court extend the original January 11, 2012 deadline to hold an Early

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Neutral Evaluation to January 20, 2012. In support of this stipulation, the parties hereby

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submit the following as good cause for granting this request:

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1.

The depositions of all the parties have yet to be completed.

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1
Stipulation and [Proposed] Order to Extend Deadline to Hold Early
Neutral Evaluation

Case Number: CV11-01526 EJD
819661

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2.

Jonathan D. Schmidt, the Neutral in the above matter, has been informed

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and has no objection to extending the deadline to hold the Early Neutral Evaluation as

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stipulated herein.

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3.

Due to various conflicts, the parties are unable to hold the Early Neutral

Evaluation until January 20, 2012, which has been scheduled with the Neutral.
4.

Given the fact that the postponement of the Early Neutral Evaluation would

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not delay the deadlines in this matter set by the Court and for the reasons set forth herein,

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the parties submit that good cause exists for the extension of the ADR deadline.

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Accordingly, the parties hereby jointly request that the Court extend the deadline to
complete the Early Neutral Evaluation to January 20, 2012.

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Respectfully submitted,

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Dated: December 8, 2011

RICHARD DOYLE, City Attorney

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By: ____/s/ Clifford Greenberg_________
CLIFFORD GREENBERG
Sr. Deputy City Attorney

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Attorneys for Defendants, CITY OF SAN
JOSE, OFFICER BRIAN JEFFREY and
MATTHEW BLACKERBY

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LAW OFFICES OF STUART D. KIRCHICK
Dated: December 8, 2011

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By: ___/s/ Stuart D. Kirchick _________
STUART D. KIRCHICK.
Attorneys for Plaintiffs, VINH HUU PHAM
and LAN THI DO

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2
Stipulation and [Proposed] Order to Extend Deadline to Hold Early
Neutral Evaluation

Case Number: CV11-01526 EJD
819661

ORDER

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Based upon the Stipulation of the parties, and good cause appearing therefore, the

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Court hereby extends the deadline to hold an Early Neutral Evaluation in this case to

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January 20, 2012.

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IT IS SO ORDERED.

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December 9, 2011
Dated: ______________________

_______________________________
HONORABLE EDWARD J. DAVILA
UNITED STATES DISTRICT JUDGE

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_______________________________________________________________________
Stipulation and [Proposed] Order to Extend Deadline to Hold Early
Neutral Evaluation

Case Number: CV11-01526 EJD
819661

CERTIFICATE OF SERVICE

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CASE NAME:

Pham, et al. v. City of San Jose, et al.

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CASE NO.:

CV11-01526 EJD

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I, the undersigned declare as follows:
I am a citizen of the United States, over 18 years of age, employed in Santa Clara
County, and not a party to the within action. My business address is 200 East Santa Clara
Street, San Jose, California 95113-1905, and is located in the county where the service
described below occurred.
On December 8, 2011, I caused to be served the within:
STIPLUATION AND [PROPOSED] ORDER MODIFYING
DEADLINE TO HOLD EARLY NEUTRAL EVALUATION

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Addressed as follows:
Paul F. Caputo, Esq.
Hawkins – Caputo
96 N. First St., Ste. 300
San Jose, CA 95112
Phone: [phone]
Fax: [phone]
E-Mail: [e-mail]

Teresa Thu-Huong Nguyen, Esq.
The Law Firm of Nguyen Teresa Thu-Huong
730 Story Rd., Ste. 4
San Jose, CA 95122
Phone: [phone]
Fax: [phone]
E-Mail: [e-mail]

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Stuart D. Kirchick, Esq.
Law Offices of Stuart D. Kirchick
1143 Story Rd., Ste. 210
San Jose, CA 95122
Phone: [phone]
Fax: [phone]
E-Mail: [e-mail]

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I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed on December 8, 2011, at San Jose, California.

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/s/ Alice Shore
Alice Shore

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_______________________________________________________________________
Stipulation and [Proposed] Order to Extend Deadline to Hold Early
Neutral Evaluation

Case Number: CV11-01526 EJD
819661