Ato D Walker v. City of San Jose

Filing 12

ORDER GRANTING STIPULATION TO MODIFY SCHEDULING ORDER 11 . Case Management Statement due by 2/19/2016. Case Management Conference set for 2/24/2016 10:00 AM in Courtroom 7, 4th Floor, San Jose. Signed by Judge Nathanael Cousins on 1/8/2016. (lmh, COURT STAFF) (Filed on 1/8/2016)

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RICHARD DOYLE, City Attorney (88625)
NORA FRIMANN, Assistant City Attorney (93249)
ARDELL JOHNSON, Chief Deputy City Attorney (95340)
SHANNON SMYTH-MENDOZA, Sr. Deputy City Attorney (188509)
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
MICHAEL J. REISER, ESQ. (133621)
LILIA BULGUCHEVA, ESQ. (291374)
LAW OFFICE OF MICHAEL J. REISER
961 Ygnacio Valley Road
Walnut Creek, CA 94596
Telephone Number: [phone]
Facsimile Number: [phone]
E-Mail Address: [e-mail]
[e-mail]
Attorneys for Plaintiff

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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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ATO DIABA WALKER,
Plaintiff,

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v.

Case Number: 15-cv-04954-NC
STIPULATION AND ORDER TO
MODIFY SCHEDULING ORDER

CITY OF SAN JOSE; POLICE CHIEF
LARRY ESQUIVEL; OFFICER
MATTHEW ROWAN (#4236); OFFICER
JONATHAN LEVOS (#3997); SERGEANT
MICHAEL O'NEIL (#3797); OFFICER
RYAN WELCH (#4000), and DOES 1-50,
inclusive,
Defendants.

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STIPULATION AND ORDER TO MODIFY SCHEDULING ORDER

Case Number:15-cv-04954-NC
15-cv-04954-NC-O_cont_cmc

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

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request that the Court modify its Scheduling Order. In support of this stipulation, the

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parties hereby submit the following as good cause for granting this request:

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1.

Defendants were only recently served with Plaintiff’s complaint on December

16, 2015 and responded to said complaint on January 6, 2016.
2.

Since the answer was due on the same date as the disclosures and ADR

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certifications, the parties agree that a brief extension of time is needed to properly prepare

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for the initial Case Management Conference.

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3.

Therefore the parties propose the following Modified Case Schedule:

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Event

Current

Proposed

1/6/2016

2/5/2016

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Meet and confer re: initial disclosures, early
settlement, ADR process selection, and discovery
plan

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File ADR Certification signed by Parties and Counsel

1/6/2016

2/5/2016

File either Stipulation to ADR Process or Notice of
Need for ADR Phone Conference

1/6/2016

2/5/2016

Last day to file Rule 26(f) Report, complete initial
disclosures or state objection in Rule 26(f) Report and
file Case Management Statement per Standing Order
re Contents of Joint Case Management Statement

1/20/2016

2/19/2016

Proposed date for Initial Case Management
Conference

1/27/2016

tbd by the
Court

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Respectfully submitted,

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Dated: January 8, 2016

RICHARD DOYLE, City Attorney
By: /s/ Shannon Smyth-Mendoza______
SHANNON SMYTH-MENDOZA
Sr. Deputy City Attorney
Attorneys for Defendants

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STIPULATION AND ORDER TO MODIFY SCHEDULING ORDER

Case Number:15-cv-04954-NC
15-cv-04954-NC-O_cont_cmc

LAW OFFICE OF MICHAEL J. REISER

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Dated: January 8, 2016

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By: /s/ Lilia Bulgucheva______
LILIA BULGUCHEVA
Attorney for Plaintiff

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I attest that Plaintiff has approved and signed this document, and given consent to
the filing of the same with the court.

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RICHARD DOYLE, City Attorney

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By: /s/ Shannon Smyth-Mendoza______
SHANNON SMYTH-MENDOZA
Sr. Deputy City Attorney

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Attorneys for Defendants

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Dated: January 8, 2016

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STIPULATION AND ORDER TO MODIFY SCHEDULING ORDER

Case Number:15-cv-04954-NC
15-cv-04954-NC-O_cont_cmc

ORDER

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Based upon the Stipulation of the parties, and good cause appearing therefor, the
Court hereby modifies the deadlines as follows:

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Event

Current

Proposed

1/6/2016

2/5/2016

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Meet and confer re: initial disclosures, early
settlement, ADR process selection, and discovery
plan

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File ADR Certification signed by Parties and Counsel

1/6/2016

2/5/2016

File either Stipulation to ADR Process or Notice of
Need for ADR Phone Conference

1/6/2016

2/5/2016

Last day to file Rule 26(f) Report, complete initial
disclosures or state objection in Rule 26(f) Report and
file Case Management Statement per Standing Order
re Contents of Joint Case Management Statement

1/20/2016

2/19/2016

Proposed date for Initial Case Management
Conference

1/27/2016

2/24/2016

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IT IS SO ORDERED.

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thanael
Judge Na

ER

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RT

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__________________________________
HON. NATHANAEL M.TED
GRAN COUSINS
UNITED STATES DISTRICT COURT

NO

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UNIT
ED

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Dated: January 8, 2016

S DISTRICT
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M. Cousin

R NIA

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LI

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STIPULATION AND ORDER TO MODIFY SCHEDULING ORDER

Case Number:15-cv-04954-NC
15-cv-04954-NC-O_cont_cmc