Pham et al v. City of San Jose et al

Filing 46

Order Granting 45 Stipulation Deadline to Disclose Experts; Modifying Briefing Schedule. No later than TEN (10) days after the Court's ruling on Defendant's Motion for Summary Judgment, the parties shall file a stipulation or administrative motion to reset the expert disclosure deadlines. Signed by Hon. Edward J. Davila on 2/27/2013.(ecg, COURT STAFF) (Filed on 2/27/2013)

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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

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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VINH HUU PHAM AND LAN THI DO,

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Plaintiff(s),
v.

Case Number: CV11-01526 EJD
STIPULATION EXTENDING DEADLINE
TO DISCLOSE EXPERTS; MODIFYING
BRIEFING SCHEDULE FOR MOTION
XXXXXXXX
[PROPOSED] ORDER

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,
Defendant(s).

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Defendants filed, on February 20, 2013, a motion for summary judgment, set for

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hearing on May 24, 2013. The case is not currently set for trial; there is a Pre pretrial

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conference scheduled for March 22, 2013.

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The current deadline for disclosure of expert witnesses is March 1, 2013. The parties

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propose to extend the deadline for disclosure of experts, in order to allow for a ruling on the

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dispositive motion and to save expenses involved in hiring and preparing expert witnesses.
STIPULATION EXTENDING DEADLINE TO DISCLOSE EXPERTS;
MODIFYING BRIEFING SCHEDULE FOR MOTION; [PROPOSED] ORDER

Case Number: CV11-01526 EJD
950908.doc

Additionally, because of scheduling and calendar issues, the parties request a

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modification of the briefing schedule for the calendared motion for summary judgment.

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Plaintiffs request until March 27, 2013 to file their Opposition and Defendants request until

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April 17, 2013 to file their Reply.

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Therefore:

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1. The parties agree that the current deadline of March 1, 2013, for disclosing expert

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witnesses should be vacated, and reset by the Court after the Court’s ruling on Defendants’

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motion for summary judgment.
2. The parties agree that modification of the briefing schedule for Defendants’ Motion

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for Summary Judgment is appropriate and request that Plaintiffs’ Opposition be due on

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March 27, 2013, and Defendants’ Reply be due on April 17, 2013.

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Dated: February 26, 2013

Respectfully submitted,
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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STIPULATION EXTENDING DEADLINE TO DISCLOSE EXPERTS;
MODIFYING BRIEFING SCHEDULE FOR MOTION; [PROPOSED] ORDER

Case Number: CV11-01526 EJD
950908.doc

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LAW OFFICES OF STUART D. KIRCHICK

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Dated: February 26, 2013
By: ___/s/ Stuart D. Kirchick _________
STUART D. KIRCHICK.

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Attorneys for Plaintiffs, VINH HUU PHAM
and LAN THI DO

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I affirm that plaintiff’s counsel has consented to the electronic filing of this document
on plaintiff’s behalf.
Dated: February 26, 2013

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Respectfully submitted,
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

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IT IS SO ORDERED.AS MODIFIED.
No later than TEN (10) days after the Court's ruling on Defendant's Motion for Summary Judgment,
the parties shall file a stipulation or administrative motion to reset the expert disclosure deadlines.
2/27/2013
Dated: ______________________

_______________________________
HONORABLE EDWARD J. DAVILA
UNITED STATES DISTRICT JUDGE

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STIPULATION EXTENDING DEADLINE TO DISCLOSE EXPERTS;
MODIFYING BRIEFING SCHEDULE FOR MOTION; [PROPOSED] ORDER

Case Number: CV11-01526 EJD
950908.doc