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Henderson v. City and County of San Francisco

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


October 29, 2007

EARNEST HENDERSON, JANEL GOTTA, AARON RAULS, MICHAEL PEREZ, ARTURO PLEITEZ, PLAINTIFFS (HENDERSON TRIAL)
v.
CITY AND COUNTY OF SAN FRANCISCO, SAN FRANCISCO SHERIFF'S DEPARTMENT, SAN FRANCISCO DEPARTMENT OF DATE ACTION FILED: JAN. 14, 2005 PUBLIC HEALTH SERVICES, SHERIFF TRIAL JUDGE: WILLIAM A. FLETCHER MICHAEL HENNESSEY, DEPUTY TRIAL DATE: SEPT. 24, 2007 GLENN YOUNG, DEPUTY MIGUEL NEW TRIAL DATE: FEBRUARY 12, 2008 PRADO, DEPUTY LARRY NAPATA, AND DOES 1-11, DEFENDANTS.

The opinion of the court was delivered by: The Honorable William A. Fletcher United States Circuit Judge

ORDER

On October 16, 2007, the jury informed the court that it was unable to reach a unanimous verdict with respect to any of the defendants. The court determined that the jury had hung and subsequently dismissed the jury.

Jury selection for the retrial of the Henderson case is now scheduled to begin at 1:00 pm on Tuesday, February 12, 2008. The court instructs counsel to consult with each other and to inform the court of their mutually agreed-upon date for the pretrial conference, which should take place sometime between January 22 and February 1, 2008.

The court reminds counsel of the following provisions for retrial, as discussed in the telephone conference of October 23, 2007:

(1) The court will limit the plaintiff to providing evidence regarding no more than four prior episodes involving Deputy Prado.

(2) The court will conduct the trial on the issues of liability and compensatory damages first. If the jury finds liability, then the court will allow the parties to present to the same jury evidence pertaining specifically to punitive damages.

(3) The court will set a maximum time for trial for both sides, to be determined at a later date.

If the parties would like to participate in a settlement conference, they should contact Ms. De Martini for further arrangements.

IT IS SO ORDERED

20071029

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