Armstrong v. The City of San Jose et al

Filing 41

***SEE ADDITIONAL ATTACHMENT FOR CORRECT/SIGNED ORDER****ORDER GRANTING 40 STIPULATION TO EXTEND DEADLINES. Signed by Judge Edward J. Davila on 6/23/2017. (ejdlc2S, COURT STAFF) (Filed on 6/23/2017) (Additional attachment(s) added on 6/23/2017: # 1 CORRECTED ORDER) (amkS, COURT STAFF). Modified text on 6/23/2017 (amkS, COURT STAFF).

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RICHARD DOYLE, City Attorney (88625)
NORA FRIMANN, Assistant City Attorney (93249)
ARDELL JOHNSON, Chief Deputy City Attorney (95340)
KENDRA MCGEE-DAVIES, Senior Deputy City Attorney (260459)
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 CITY OF SAN JOSE

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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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DAVID ARMSTRONG,
Plaintiff(s),

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v.

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CITY OF SAN JOSE; SAN JOSE POLICE
OFFICER ALEXANDER KELLER; SAN
JOSE POLICE OFFICER BALDWIN; SAN
JOSE POLICE OFFICER ZARATE; AND
SAN JOSE POLICE OFFICER
BORTOLOTTI, and DOES, inclusive,

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Case Number: 16-cv-02938-EJD
STIPULATED REQUEST FOR AN
ORDER EXTENDING DISCOVERY
DEADLINES AND [PROPOSED]
ORDER (Local Rule 6-2)
as modified below

Defendant(s).

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Plaintiff David Armstrong and Defendants City of San Jose, Officer Alexander

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Keller, Officer Glenn Baldwin, Officer Christine Zarate, and Sergeant Damian Bortolotti

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(collectively the “City”) respectfully submit this stipulation as follows:

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WHEREAS, the Court approved the following discovery deadlines on March 24,

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2017;

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///

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///

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STIPULATION FOR EXTENDING DISCOVERY DEADLINES AND
[PROPOSED] ORDER

Case Number: 16-cv-02938-EJD
1427912

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Event

Deadlines

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Fact Discovery Cutoff

July 12, 2017

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Designation of Opening Expert with Reports

September 8, 2017

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Designation of Opening Experts with Reports

October 6, 2017

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Expert Discovery Cutoff

September 25, 2017

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Deadline for Filing Discovery Motions

See Civil Local Rule 37-3

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Deadline for Filing Dispositive Motions

July 19, 2017

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Hearing on Anticipated Dispositive Motions

August 21, 2017

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WHEREAS, the Court referred this matter for Early Neutral Evaluation on March 1,
2017 to be completed on or before May 30, 2017;

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WHEREAS, the parties have not been able to complete the ENE due to the
availability of the parties and neutral evaluator;

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WHEREAS, the Court extended the deadline to complete the ENE to August 30,
2017;
WHEREAS, the Parties desire to meaningfully engage in settlement negotiations
and avoid costs associated with discovery, as much as possible;
WHEREAS, the Parties will not be able to complete the necessary depositions in

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light of pre-planned vacations of various witnesses before the fact discovery cutoff

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deadline of July 12, 2017;

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NOW, THEREFORE, THE PARTIES STIPULATE AS FOLLOWS:

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1.

The discovery deadlines shall be extended as follows:

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Deadlines

Event
Fact Discovery Cutoff

August 14, 2017

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Designation of Opening Expert with Reports

September 8, 2017 (unchanged)

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Designation of Opening Experts with Reports

October 6, 2017 (unchanged)

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Expert Discovery Cutoff

September 25, 2017 (unchanged)

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STIPULATION FOR EXTENDING DISCOVERY DEADLINES AND
[PROPOSED] ORDER

Case Number: 16-cv-02938-EJD
1427912

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Deadline for Filing Discovery Motions

See Civil Local Rule 37-3

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Deadline for Filing Dispositive Motions

August 23, 2017

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Hearing on Anticipated Dispositive Motions

September 25, 2017
October 5, 2017

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2.

All other deadlines established by the Court shall remain the same.

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Respectfully submitted,

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RICHARD DOYLE, City Attorney
Dated: June 21, 2017

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By: /Kendra McGee-Davies/__
KENDRA MCGEE-DAVIES
Deputy City Attorney

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Attorneys for CITY OF SAN JOSE; SAN
JOSE POLICE OFFICER ALEXANDER
KELLER; SAN JOSE POLICE OFFICER
BALDWIN; SAN JOSE POLICE OFFICER
ZARATE; AND SAN JOSE POLICE
OFFICER BORTOLOTTI

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STEVEN HORNER
Dated: June 21, 2017
By: /Stephen Horner/_____
STEPHEN HORNER
Attorney for PLAINTIFF DAVID
ARMSTRONG

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STIPULATION FOR EXTENDING DISCOVERY DEADLINES AND
[PROPOSED] ORDER

Case Number: 16-cv-02938-EJD
1427912

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PROPOSED ORDER

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Pursuant to the foregoing stipulation of the Parties and good cause appearing

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therefore, the Court orders as follows:

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Event

Deadlines

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Fact Discovery Cutoff

August 14, 2017

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Designation of Opening Expert with Reports

September 8, 2017 (unchanged)

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Designation of Opening Experts with Reports

October 6, 2017 (unchanged)

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Expert Discovery Cutoff

September 25, 2017 (unchanged)

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Deadline for Filing Discovery Motions

See Civil Local Rule 37-3

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Deadline for Filing Dispositive Motions

August 23, 2017

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Hearing on Anticipated Dispositive Motions

September 25, 2017

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IT IS SO ORDERED.

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Dated: ________________

__________________________________
HON. EDWARD J. DAVILA
UNITED STATES DISTRICT COURT

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STIPULATION FOR EXTENDING DISCOVERY DEADLINES AND
[PROPOSED] ORDER

Case Number: 16-cv-02938-EJD
1427912