Amador v. City Of San Jose et al

Filing 17

STIPULATION AND ORDER re 16 Modifying Deadline to Hold Early Neutral Evaluation. Deadline for ENE extended to 1/13/2012. Signed by Magistrate Judge Howard R. Lloyd on 11/7/2011. (hrllc2, COURT STAFF) (Filed on 11/7/2011)

*E-FILED 11-07-2011*
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RICHARD DOYLE, City Attorney (#88625)
NORA FRIMANN, Assistant City Attorney (#93249)
SHANNON SMYTH-MENDOZA, Sr. Deputy City Attorney (#188509)
RICHARD NORTH, Deputy City Attorney (#225617)
Office of the City Attorney
200 East Santa Clara Street
San José, California 95113-1905
Telephone Number: [phone]
Facsimile Number: [phone]
E-Mail Address: [e-mail]
Attorneys for Defendant City of San Jose, Chief Chris
Moore and Sgt. David Moody

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT

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HENRY STEVEN AMADOR,

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Plaintiff,

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v.
CITY OF SAN JOSE, CHIEF OF POLICE
CHRIS MOORE, SERGEANT DAVID
MOODY and DOES 1 THROUGH 50,
inclusive,
Defendants.

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Case Number: CV11-02374 HRL
STIPLUATION AND [PROPOSED]
ORDER MODIFYING DEADLINE TO
HOLD EARLY NEUTRAL
EVALUATION
Trial Date: November 5, 2012
[Re: Docket No. 16]

Plaintiff and Defendants in the above entitled matter hereby stipulate, and jointly

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request that the Court extend the deadline to hold an Early Neutral Evaluation to January

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13, 2012. In support of this stipulation, the parties hereby submit the following as good

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cause for granting this request:

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1.

The depositions of all the parties, including that of Plaintiff Henry Amador,

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Defendant Chief Chris Moore and Defendant Sgt. David Moody have yet to be completed.

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The depositions of the parties have been set to commence in November 2011.

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2.

The parties are in the process of negotiating a Stipulated Protective Order to

facilitate the production of a videotape of the incident. Should the parties not be able to

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-1STIPULATION AND [PROPOSED] ORDER MODIFYING
DEADLINE TO HOLD ENE

CASE NO. CV11-02374 HRL
805769

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stipulate, the parties may need to have the videotape issue resolved by theCourt so that

2 the videotape can be utilized during the course of the ENE session.
3. James V. Fitzgerald, Ill, the Neutral in the above matter, has been informed
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of thins information and has no objection to extending the deadline to hold the Early Neutral
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/
5 Evaluation as stipulated herein.
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4.

Due to various conflicts, including scheduled trials, the parties are unable to

hold the Early Neutral Evaluation until January 13, 2012, which has been scheduled with

the Neutral
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5. Given the fact that the postponement of the Early Neutral Evaluation would
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5, 2012) and for the reasons set forth herein, the parties submit that good cause exists for

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Accordingly, the parties hereby jointly request that the Court extend the deadline to
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Respectfully submitted,

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JOHN G. DOWNIN(~
Le, Downing & Associates, LLP

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Attorney for Plaintiff, HENRY AMADOR

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RICHARD DOYLE, City Attorney

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Attorney for Defendants, CITY OF SAN
JOSE, CHIEF CHRIS MOORE and SGT.
DAVID MOODY

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-2STIPULATION AND [PROPOSED] ORDER MODIFYING
DEADLINE TO HOLD ENE

CASE NO. CVl 1-02374 HRL
805769

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 13, 2012.

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IT IS SO ORDERED.

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November 7, 2011
Dated: ______________________

_______________________________
HONORABLE HOWARD R. LLOYD
United States Magistrate Judge

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-3STIPULATION AND [PROPOSED] ORDER MODIFYING
DEADLINE TO HOLD ENE

CASE NO. CV11-02374 HRL
805769