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Kenneth Carrethers v. Bay Area Rapid Transit District

January 20, 2012

KENNETH CARRETHERS,
PLAINTIFF,
v.
BAY AREA RAPID TRANSIT DISTRICT, J. MEHSERLE, F. GUANZON, K. SMITH, D. HORNER, R. HANEY AND DOES 1-25, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Hon. Edward M. Chen U.S. District Judge

DALE L. ALLEN, # 145279, JOHN HOUSTON SCOTT, # 72578 dallen@lowball.com LIZABETH N. DE VRIES, # 227215 2 DIRK D. LARSEN, # 246028, SCOTT LAW FIRM dlarsen@lowball.com 1388 Sutter Street, Suite 715 3 KEVIN P. ALLEN, # 252290, San Francisco, CA 94109 kallen@lowball.com Tel.: (415) 561-9600 4 LOW, BALL & LYNCH Fax: (415) 561-9609 505 Montgomery Street, 7th Floor Email: john@scottlawfirm.net 5 San Francisco, California 94111-2584 Email: liza@scottlawfirm.net Telephone (415) 981-6630 6 Facsimile (415) 982-1634 CHRIS B. DOLAN, # 165358 ANNE CASEY COSTIN, # 260126 Attorneys for Defendants DOLAN LAW FIRM BAY AREA RAPID TRANSIT DISTRICT, 1438 Market Street 8 J. MEHSERLE, F. GUANZON, K. SMITH, San Francisco, CA 94102 D. HORNER and R. HANEY Tel.: (415) 421-2800 9 Fax: (415) 421-2830 Email: chris@cbdlaw.com Email: anne.costin@cdblaw.com Attorneys for Plaintiff KENNETH CARRETHERS

STIPULATION TO ENLARGE TIME FOR THE HEARING, OPPOSITION AND REPLY RE: PLAINTIFF'S MOTION FOR NEW TRIAL AND MOTION FOR TAXATION OF COSTS ORDER

Pursuant to Civil L.R. 6-2, defendants BAY AREA RAPID TRANSIT DISTRICT, J. MEHSERLE, F. GUANZON, K. SMITH, D. HORNER and R. HANEY (collectively "Defendants"), and plaintiff KENNETH CARRETHERS ("Plaintiff"), by and through their respective counsel, hereby stipulate as follows and respectfully request that the Court enter an order pursuant to their stipulation:

1. That the hearing of Plaintiff's Motion for New Trial (Doc. No. 117) and of Plaintiff's Motion for Taxation of Costs (Doc. No. 118), currently scheduled for February 17, 2012, at 1:30 p.m., be continued to March 16, 2012, at 1:30 p.m., or as soon thereafter as may be heard by the Court, in 2 Courtroom 5 of the above-entitled Court; 3

2. That the deadline for Defendants' oppositions to Plaintiff's Motion for New Trial and Motion for Taxation of Costs, currently scheduled as January 23, 2012, be continued to February 24, 5 2012; 6

3. That the deadline for Plaintiff's replies to Defendants' oppositions, currently scheduled as January 30, 2012, be continued to March 2, 2012. 8

The reasons for the requested enlargement of time are set forth in the Declaration of Dirk D. Larsen below.

IT IS SO STIPULATED.

competently thereto.

DECLARATION OF DIRK D. LARSEN IN SUPPORT OF STIPULATION

I, DIRK D. LARSEN, declare as follows:

1. I have personal knowledge of the following facts, and could and would testify

2. I am an attorney at law duly licensed to practice before all courts of the State of California and the U.S. District Court for the Northern District of California, and am employed as an 7 associate with the law firm of Low, Ball & Lynch, attorneys of record herein for defendants BAY 8 R. HANEY. 10 AREA RAPID TRANSIT DISTRICT, J. MEHSERLE, F. GUANZON, K. SMITH, D. HORNER and 9

3. I have reviewed Plaintiff's Motion for New Trial (Doc. 117), filed in this matter on January 9, 2012. According to my review, Plaintiff seeks a new trial of his claim for excessive force in 12 violation of the Fourth Amendment, brought pursuant to 42 U.S.C. ยง 1983, based on the theory that the 13 clear weight of the ...


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