Felicia Nichols v. City of San Jose et al

Filing 18

ORDER GRANTING 17 STIPULATED REQUEST FOR CONTINUANCE OF INITIAL CASE MANAGEMENT CONFERENCE. Case Management Statement due by 1/15/2015. Initial Case Management Conference set for 1/22/2015 01:30 PM in Courtroom 3, 5th Floor, San Jose. Signed by Hon. Beth Labson Freeman on 1/7/2015. (blflc2, COURT STAFF) (Filed on 1/7/2015)

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Kenneth N. Frucht (SBN 178881)
Frederick J. Geonetta (SBN 114824)
GEONETTA & FRUCHT, LLP
100 Montgomery Street, Suite 1600
San Francisco, CA 94104
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiff Felicia Nichols

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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FELICIA NICHOLS,

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Plaintiff,

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v.

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CITY OF SAN JOSE, OFFICER
SCHIPKE (#3910), OFFICER
FERGUSON (#4030) and DOES 1-25,
inclusive,

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STIPULATED REQUEST FOR
CONTINUANCE OF INITIAL CASE
MANAGEMENT CONFERENCE AND
[PROPOSED] ORDER

Defendants.

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CASE NO.: 14-03383

STIPULATION
Pursuant to Civil Local Rules 6-2, 7-12 and 16-2(e), Plaintiff FELICIA NICHOLS, by and
through her attorney of record, Kenneth Frucht of Geonetta & Frucht LLP, and Defendants CITY OF
SAN JOSE, OFFICER KRISOPHER FERGUSON (#3030) and OFFICER CHRISTOPHER
SCHIPKE (#3910), by and through their attorney of record, Deputy City Attorney Mark Vanni of the
San Jose City Attorney’s Office, hereby stipulate that the initial Case Management Conference
(“CMC”) currently scheduled to take place on January 8, 2015 at 1:30 p.m., be continued to January
22, 2015 at 1:30 p.m.
Good cause exists to continue the date of the initial CMC, including preparing the Joint CMC
Statement and Proposed Order per Civil Local Rule 16-9, and other associated deadlines, because
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NICHOLS v. CITY OF SAN JOSE, ET AL
STIPULATION AND PROPOSED ORDER TO CONTINUE
INITIAL CASE MANAGEMENT CONFERENCE

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Plaintiff’s counsel Kenneth Frucht was unexpectedly hospitalized on December 19, 2014, and was not

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released from the hospital until December 28, 2014. Mr. Frucht spent the following week

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recuperating, and did not return to work until January 5, 2014. Consequently, Mr. Frucht was unable

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to meet and confer with Defendants’ counsel or to assist in preparing a Joint Case Management

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Conference Statement pursuant to Civil Local Rule 16-9(a). Additionally, Mr. Frucht has a number

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of doctor appointments scheduled for this and the following week, which would make it difficult for

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him to prepare for and attend the scheduled CMC in San Jose.

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A brief continuance of two weeks would allow the parties sufficient time before the CMC to

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submit to the Court a Joint CMC Statement and to prepare for the CMC. There have been no prior

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requests for a continuance. No prejudice will result to any party as a result of a continuance of the

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CMC.

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SO STIPULATED.
DATED: January 6, 15

GEONETTA & FRUCHT, LLP
By:

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/s/
KENNETH FRUCHT
Attorneys for Plaintiff
FELICIA NICHOLS

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DATED: January 6, 15

SAN JOSE CITY ATTORNEY’S OFFICE

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By:

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/s/
MARK VANNI
Deputy City Attorney
Attorneys for Defendants
CITY OF SAN JOSE
and OFFICER KRISOPHER FERGUSON (#3030)
and OFFICER CHRISTOPHER SCHIPKE (#3910)

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NICHOLS v. CITY OF SAN JOSE, ET AL
STIPULATION AND PROPOSED ORDER TO CONTINUE
INITIAL CASE MANAGEMENT CONFERENCE

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[PROPOSED] ORDER

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Having considered the stipulation filed by the parties, and good cause appearing, the

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Court hereby ORDERS that the initial Case Management Conference be continued to January 22,

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2015 at 1:30 p.m. with the associated deadlines continued accordingly.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: January 7, 2015
HON. BETH LABSON FREEMAN
United States District Court Judge

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NICHOLS v. CITY OF SAN JOSE, ET AL
STIPULATION AND PROPOSED ORDER TO CONTINUE
INITIAL CASE MANAGEMENT CONFERENCE