Durham v. Hussein et al

Filing 15

Order by Hon. Lucy H. Koh granting 14 Stipulation.(lhklc1, COURT STAFF) (Filed on 2/14/2012)

Case5:11-cv-03775-LHK Document14 Filed02/14/12 Page1 of 2

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MIGUEL MÁRQUEZ, County Counsel (S.B. #184621)
JOHN L. WINCHESTER, III, Deputy County Counsel (S.B. #142175)
OFFICE OF THE COUNTY COUNSEL
70 West Hedding Street, East Wing, Ninth Floor
San Jose, California 95110-1770
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
COUNTY OF SANTA CLARA
AND CORRECTIONS OFFICER HUSSAIN

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROBERT DURHAM,

No. C11-3775 LHK

Plaintiff,

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v.

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STIPULATION AND ORDER
CONTINURING CASE MANAGEMENT
CONFERENCE

CORRECTIONS OFFICER HUSSEIN, et al.,

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Defendants.

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The parties, through their respective counsel of record, hereby stipulate and agree to an order

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continuing the Case Management Conference from Wednesday, February 15, 2012 to Wednesday,

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March 28, 2012 (or another date in late March 2012 that the Court deems appropriate). Good cause

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exists for this continuance because Mr. Boskovich, counsel for plaintiff, will be unavailable on

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February 15, 2012 due to surgery that he is scheduled to undergo on Thursday, February 16, 2012.

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The parties are actively engaged in mediation discussions with mediator David Alexander.

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The parties have participated in two telephone sessions, each lasting approximately one hour, with

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Mr. Alexander and two additional telephone discussions between counsel. Plaintiff is reviewing a

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surveillance video of this use of force incident in preparation for further discussions and voluntarily

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releasing medical records concerning Plaintiff’s pre-existing medical condition. The exchange of

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information has arisen out of the mediation discussions with Mr. Alexander and Mr. Alexander

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concurs in the scheduling as contemplated by the parties. The parties will be scheduling further
Stip and Order Continuing CMC

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C11-3775 LHK

Case5:11-cv-03775-LHK Document14 Filed02/14/12 Page2 of 2

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sessions with Mr. Alexander, expected to occur in early March, once the records are received and

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reviewed. Mr. Alexander will be unavailable between March 9, 2012 and March 19, 2012.

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Apart from this Stipulation and Order continuing the Case Management Conference, the
parties do not request any other changes to the Court’s Scheduling Order.
I hereby attest that I have on file, the holograph signature indicated by a “conformed”

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signature (/S/) within this e-filed document.

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Dated: February 14, 2012

Respectfully submitted,
MIGUEL MÁRQUEZ
County Counsel

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By:

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/S/
John L. Winchester, III
Deputy County Counsel

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Attorneys for Defendants
COUNTY OF SANTA CLARA
AND CORRECTIONS OFFICER HUSSAIN

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Dated: February 14, 2012

By:

/S/
ANTHONY BOSKOVICH, ESQ.

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Attorney for Plaintiff
ROBERT DURHAM

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Pursuant to the parties' stipulation, the Case Management Conference is continued to March 21,
2012, at 2:00 p.m.
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IT IS SO ORDERED.
February 14, 2012
Dated: _______________________

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_______________________________________
JUDGE LUCY H. KOH
United States District Court Judge

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Stip and Order Continuing CMC

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C11-3775 LHK