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Mike Quan, As An Individual, and Also As Proprietor of Playbar, Inc v. San Francisco Police Department

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


April 12, 2011

MIKE QUAN, AS AN INDIVIDUAL, AND ALSO AS PROPRIETOR OF PLAYBAR, INC.,
DBA THE ROOM, AND JAVIER MAGALLON,
PLAINTIFFS,
v.
SAN FRANCISCO POLICE DEPARTMENT, CITY AND COUNTY OF SAN FRANCISCO,
MAYOR GAVIN NEWSOM, OFFICER LARRY BERTRAND,
CALIFORNIA DEPARTMENT OF ALCOHOL BEVERAGE CONTROL,
STATE OF CALIFORNIA, OFFICER MICHELLE OTT, AND DOES 1-100, INCLUSIVE,
DEFENDANTS.

The opinion of the court was delivered by: Hon. Maria-Elena James Magistrate Judge

Date Action Filed: March 29, 2010

Trial Date: September 19, 2011

STIPULATION AND [PROPOSED] ORDER TO CONTINUE DEADLINES FOR MOTIONS TO COMPEL, EXPERT DISCLOSURES, AND INDEPENDENT PSYCHOLOGICAL EXAMINATIONS

The undersigned parties, through counsel and plaintiff in pro per, respectively, STIPULATE and AGREE and jointly request modification of the Court's Case Management Order of September 28 17, 2010 as follows:

Deadline for Motions to Compel: April 8, 2011 (from March 25, 2011)

Liability Expert Witness Disclosures: April 8, 2011 (from February 18, 2011)

Liability Rebuttal Expert Witness Disclosures: April 18, 2011 (from February 28, 2011)

Last Day for Plaintiffs To Participate In An Independent Psychological Examination: June 2, 2011 (from March 15, 2011) 6

11 withdraw as counsel for plaintiffs. Since that time, very little has occurred in the above-captioned 12 case. These minor scheduling modifications are requested to help get this case back on track. 13

15 dates, besides the aforementioned, will be affected by the requested changes.

Damages Expert Witness Disclosures: June 23, 2011 (from February 18, 2011)

Damages Rebuttal Expert Witness Disclosures: July 5, 2011 (from February 28, 2011)

All other dates, including the trial date, will remain the same.

The parties make this request under the following circumstances:

On December 21, 2010, the Court granted plaintiffs' attorney Mark Webb's request to

The parties request continuations of the specified pretrial deadlines as set forth above.

There have been no other modifications to the Court's Case Management Order. No other

SIGNATURE PAGE TO STIPULATION AND [PROPOSED] ORDER TO CONTINUE DEADLINES FOR MOTIONS TO COMPEL, EXPERT DISCLOSURES, AND INDEPENDENT PSYCHOLOGICAL EXAMINATIONS

Dated: April 8, 2011 DENNIS J. HERRERA City Attorney JOANNE HOEPER Chief Trial Deputy MARGARET W. BAUMGARTNER Deputy City Attorney ROBERT A. BONTA 9 Deputy City Attorney 10 11 By:/s/ Robert A. Bonta ROBERT A. BONTA 12 Attorneys for Defendants 13 SAN FRANCISCO POLICE DEPARTMENT, CITY AND COUNTY OF SAN FRANCISCO, 14 MAYOR GAVIN NEWSOM, IN HIS OFFICIAL CAPACITY, AND OFFICER LARRY BERTRAND 15 16 Dated: April 8, 2011 17 KAMALA HARRIS Attorney General of California 18 JOHN P. DEVINE Deputy Attorney General 19 20 By:/s/ John P. Devine John P. Devine 21 Attorneys for Defendants 22 STATE OF CALIFORNIA, ACTING BY AND 23 THROUGH THE DEPARTMENT OF ALCOHOL BEVERAGE CONTROL, AND MICHELLE OTT Dated: April 8, 2011 By: /s/ Mike Quan 3 MIKE QUAN 4 Formerly Pro Per Plaintiff As of April 7, 2011 represented by 5 LIPTON, PIPER & SGANGA ARTHUR C. LIPTON, ESQ.*fn1 6 7 Dated: April 8, 2011 8 By:/s/ Javier Magallon 9 JAVIER MAGALLON 10 Pro Per Plaintiff

*THE FILER OF THIS DOCUMENT ATTESTS THAT CONCURRENCE IN THE FILING OF THIS DOCUMENT HAS BEEN OBTAINED FROM THE OTHER SIGNATORIES. 14 15 16 17 18 19 20 21 22 23 24 25 26

ORDER

Pursuant to stipulation, and for good cause appearing, IT IS ORDERED that the pre-trial 3 deadlines be continued as follows: 4

Deadline for Motions to Compel: April 8, 2011 Liability Expert Disclosures: April 8, 2011

Rebuttal expert Witness Disclosures Due: April 18, 2011 Last Day for Plaintiffs To Participate In An Independent Psychological Examination: June 2, 2011 Damages Expert Disclosures: June 23, 2011 Damages Rebuttal Expert Witness Disclosures: July 5, 2011

All other dates, including the trial date, will remain the same.

PROOF OF SERVICE

I, Catheryn M. Daly, declare as follows:

I am a citizen of the United States, over the age of eighteen years and not a party to the 4 above-entitled action. I am employed at the City Attorney's Office of San Francisco, Fox Plaza Building, 1390 Market Street, Sixth Floor, San Francisco, CA 94102. 5

On April 8, 2011, I served the following document(s):

STIPULATION AND [PROPOSED] ORDER TO CONTINUE DEADLINES FOR MOTIONS TO COMPEL, EXPERT DISCLOSURES, AND INDEPENDENT PSYCHOLOGICAL EXAMINATIONS

on the following persons at the locations specified: Javier Magallon 1164 DeHaro Street San Francisco, CA 94107 11 Telephone: 933-7898 12 Plaintiffs In Pro Per 13 in the manner indicated below: 14

BY UNITED STATES MAIL: Following ordinary business practices, I sealed true and correct copies of the above documents in addressed envelope(s) and placed them at my workplace for collection and mailing

with the United States Postal Service. I am readily familiar with the practices of the San Francisco City Attorney's Office for collecting and processing mail. In the ordinary course of business, the sealed envelope(s)

that I placed for collection would be deposited, postage prepaid, with the United States Postal Service that same day.

BY PERSONAL SERVICE: I sealed true and correct copies of the above documents in addressed

envelope(s) and caused such envelope(s) to be delivered by hand at the above locations by a professional messenger service. A declaration from the messenger who made the delivery is attached or will be filed separately with the court.

I declare under penalty of perjury pursuant to the laws of the State of California that the foregoing is true and correct. 21

Executed April 8, 2011, at San Francisco, California.

/s/ Catheryn M. Daly

Catheryn M. Daly


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