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Esther Downes, In Her Individual Capacity and As v. the City and County of San

April 8, 2011

ESTHER DOWNES, IN HER INDIVIDUAL CAPACITY AND AS PERSONAL
REPRESENTATIVE FOR ISSIAH DOWNES AND THE ESTATE OF ISSIAH DOWNES,
PLAINTIFFS,
v.
THE CITY AND COUNTY OF SAN FRANCISCO; SHERIFF MICHAEL HENNESSEY; UNDERSHERIFF JANET DEMPSEY;
CAPT. JONAH CASEY; SENIOR DEPUTY MATTHEW WONG; DPEUTY SMITH-ALGHANI; DEPUTY JUAN GUITRON; DEPUTY
EDWARD GUTIERREZ; DEPUTY MEL SONG; DEPUTY KEN LOMBA; DEPUTY DAN
WHITE; DEUTY KEVIN MACKSOUD; PAULA AVERY; EMMANUEL BULATO; AND DOES 1 THRU 100, ALL IN THEIR INDIVIDUAL AND OFFICIAL CAPACITIES,
DEFENDANTS.



The opinion of the court was delivered by: Honorable Claudia Wilken United States District Judge

ORDER

STIPULATION RESOLVING PLAINTIFF'S ADMINISTRATIVE MOTION TO EXTEND TIME TO ACCEPT DEFENDANTS' OFFER TO COMPROMISE PURSUANT TO RULE 68 PECOT; Lt. JOHN GARCIA; Lt. JOHN

accept Defendants' Offer to Compromise made under Rule 68, pursuant to the provisions of Rule 6 4 regarding the extension of time. (Document # 53.) 5

resolve the matters contained in the administrative motion by this stipulation. The parties respectfully 7 request that the Court endorse this stipulation by executing the proposed order submitted herewith. 8

. Defendants' March 24, 2011 Offer to Compromise shall remain open until April 19, 2011 at 9 a.m. Pacific Daylight Time. 1 until April 19, 2011. However, this limitation shall not apply to a deposition notice served by Plaintiffs to take the deposition of Esther Downes on a date after April 19, 2011.

will be deemed withdrawn.

compromise of a disputed matter and shall not be construed as an admission by Defendants that the 17 matters stated in Plaintiff's motion are correct, nor shall it be construed as an admission by Plaintiff 18 that the matters stated in Plaintiff's motion are incorrect.

STIPULATION

1. On Friday April 1, 2011, Plaintiffs filed an administrative motion to extend time to

2. Counsel for Plaintiffs and Defendants have met and conferred and have agreed to

4. Defendants' time to respond to any discovery served by Plaintiffs shall not begin to run

5. Upon the Court's execution of this proposed order, Plaintiffs' administrative motion

6. The parties' stipulation to this resolution of Plaintiffs' ...


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