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Donovan Whitten v. County of Alameda; J. Malizia; S. Tyrrell; D. Teichera; and Does 1-23

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


November 7, 2011

DONOVAN WHITTEN,
PLAINTIFF,
v.
COUNTY OF ALAMEDA; J. MALIZIA; S. TYRRELL; D. TEICHERA; AND DOES 1-23, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Honorable Susan Illston United States District Judge

JOHN L. BURRIS, Esq./ State Bar # 69888 LAW OFFICES OF JOHN L. BURRIS 7677 Oakport Street, Suite 1120 Oakland, CA 94621 Telephone: (510) 839-5200 Facsimile: (510) 839-3882 E-Mail: John.burris@johnburrislaw.com Attorneys for Plaintiff DONOVAN WHITTEN 7 MICHAEL C. WENZEL, Esq./ SB # 215388 BERTRAND, FOX & ELLIOT 2749 Hyde Street San Francisco, CA 94109 Telephone: (415) 353-0999 Facsimile: (415) 353-0990 E-Mail: Mwenzel@bfesf.com Attorneys for Defendants COUNTY OF ALAMEDA, J. MALIZIA, S. TYRRELL and D. TEICHERA

STIPULATION AND [PROPOSED] ORDER CONTINUING MEDIATION COMPLIANCE DATE

Defendants COUNTY OF ALAMEDA, J. MALIZIA, S. TYRRELL and D. TEICHERA and plaintiff DONOVAN WHITTEN, by and through their respective attorneys of record, hereby stipulate as 28 follows:

1. The parties appeared for an initial case management conference on August 5, 2011. Pursuant to this Court's Pretrial Preparation Order dated August 10, 2011, the following discovery and 3 dispositive motion deadlines were set:

Federal Building, 450 Golden Gate Avenue, S.F., CA 94102; complete the mediation session in the 1st half of December, 2011. The parties were assigned to mediator

3. Plaintiff's counsel was subsequently scheduled for trial in another matter beginning December 6, 2011, and requested a new date be set for mediation.

relocated to Washington D.C., and therefore has been unavailable for deposition. The parties are 20 attempting to schedule plaintiff's deposition to take place before the end of the year. Plaintiff's deposition 21 is critical to defendants' evaluation of the case, and a meaningful mediation cannot occur absent that 22 deposition.

2011. Responses were due October 31, 2011. To date, no responses have been received. Responses to 25 the written discovery may result in the need for further discovery and the issuance of medical subpoenas.

6. For all the good cause reasons stated above, the parties respectfully request this Court 27 extend the parties deadline to complete mediation until February 17, 2012, so that the parties can 28 complete necessary discovery.

STIPULATION AND [PROPOSED] ORDER CONTINUING MEDIATION COMPLIANCE DATE

(A) Disclosure of Expert Witnesses and Expert Reports to be served by 4-20-12;

(B) Disclosure of Rebuttal Expert Witnesses to be served by 5-11-12;

(C) Non-Expert Discovery to be completed by 03-16-12;

(D) Expert Discovery to be completed by 05-31-12;

(E) All Dispositive Motions shall be filed, served, and noticed by 8-3-12;

(F) Oppositions to all dispositive motions due 08-17-12;

(G) Replies to oppositions to all dispositive motions due 08-24-12;

(H) The Court shall hear dispositive motions no later than 9-7-12 at Courtroom 10, 19th Floor,

2. The parties were further referred to mediation on August 10, 2011 and were ordered to Stephen L. Schirle and agreed to schedule mediation for December 6, 2011.

4. Moreover, plaintiff's counsel has informed defendants that plaintiff WHITTEN has

5. Additionally, defendants propounded written discovery on plaintiff's on September 27,

7. The parties' request for extension of the mediation compliance deadline should not interfere with the presently scheduled pretrial and trial dates set by the Court. The parties have submitted 3 no prior stipulations to alter any deadlines set by the Court.

8. The parties respectfully request that the Court approve this stipulation and incorporate its 5 terms in an Order.

IT IS SO STIPULATED.

ORDER

GOOD CAUSE APPEARING THEREFORE, and the parties' having stipulated to same, the parties' stipulation is hereby APPROVED. The deadline for the parties to complete mediation shall be 22 continued until February 17, 2012.

IT IS SO ORDERED.

20111107

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