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Brennan v. County of Contra Costa

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


July 29, 2009

NICK BRENNAN, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF JAMES BRENNAN; MATT BRENNAN; TED BRENNAN; S.B., A MINOR, BY AND THROUGH HER GUARDIAN AD LITEM, ELIZABETH MALONE, PLAINTIFFS,
v.
COUNTY OF CONTRA COSTA, A MUNICIPAL CORPORATION; WARREN RUPF IN HIS OFFICIAL CAPACITY AS SHERIFF FOR THE CONTRA COSTA COUNTY SHERIFF'S DEPARTMENT; DEPUTY IAN JONES INDIVIDUALLY AND IN HIS CAPACITY AS DEPUTY SHERIFF FOR THE CONTRA COSTA COUNTY SHERIFF'S DEPARTMENT; DEPUTY MARK JOHNSON, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS A DEPUTY SHERIFF FOR THE COUNTY OF CONTRA COSTA; CITY OF OAKLEY, A MUNICIPAL CORPORATION; CHRIS THORSEN IN HIS OFFICIAL CAPACITY AS CHIEF OF POLICE FOR CITY OF OAKLEY; AND DOES 1- 100, INCLUSIVE; DEFENDANTS

The opinion of the court was delivered by: Hon. Joseph C. Spero United States Magistrate Judge

STIPULATION AND (PROPOSED) ORDER CONTINUING FURTHER CASE MANAGEMENT CONFERENCE DATE AND EXTENDING ADR DEADLINES

STIPULATION

Pursuant to Local Rule 7-11, the parties file this stipulated motion to extend the ADR deadline in this case.

The parties have agreed to mediation of this matter through an ADR-appointed mediator, and Martin H. Dodd has been appointed as mediator. Mediation was to have been completed by July 21, 2009. The parties have been engaged in discovery in this wrongful death action, and believe that further discovery must be completed in order to conduct meaningful ADR discussions. The parties have conferred with Mr. Dodd, who concurs with the parties' request to extend the ADR deadline. Discovery in the case is proceeding, and the parties and Mr. Dodd have agreed to conduct the mediation on October 21, 2009, at 10:00 a.m., when all parties will have completed discovery sufficiently for purposes of mediation.

Whereas a Further Case Management Conference is currently set for July 31, 2009 at 1:30 p.m., the parties stipulate and respectfully request that the Further Case Management Conference be continued to October 23, 2009 at 1:30 p.m., two days after the mediation will be held in this action.

PURSUANT TO STIPULATION, good cause based on the parties' need to conduct additional discovery, the Court hereby Orders that the deadline for completion of ADR in this action is hereby extended to October 21, 2009.

FURTHERMORE, in light of the re-scheduled mediation date of October 21, 2009 and the parties' Stipulation, the Court hereby continues the July 31, 2009 Further Case Management Conference to October 23, 2009, at 1:30 p.m.

IT IS SO ORDERED.

20090729

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