JOHN L. BURRIS, ESQ. CSB#69888 LAW OFFICES OF JOHN L. BURRIS 2 Airport Corporate Centre 3 7677 Oakport Street, Suite 1120 Oakland, CA 94621-1939 4 Tel: (510) 839-5200 Fax: (510) 839-3882 5 E/M: email@example.com Attorneys for Danilo Martin Molieri 7 6 And Daniel Steven Molieri, Plaintiffs
Complaint Filed: 12/1/2010
STIPULATION TO CONTINUE SETTLEMENT CONFERENCE; (PROPOSED) ORDER ON STIPULATION
The parties in this, the above-entitled matter, by and through their respective counsel of record, stipulate and agree to the following in support of their request that the settlement 28 conference now scheduled for June 27, 2012 be continued to October 24, 2012. The following 2 is proffered as good cause for the requested continuance: 3
1. The complaint in this matter was filed on December 1, 2010. Subsequent to its filing, 4 counsel cooperatively and diligently developed this case for resolution, disposition or trial through discovery.
2. This case centers around police practices and, with significance to this request for a continuance of the settlement conference in this matter scheduled for June 27, 2012, plaintiffs' 4th amendment claims arising from the entry into plaintiffs' residence on December 8, 2012, and their detention and arrest on that occasion by law enforcement personnel of the County of Marin and the City and County of San Francisco.
3. On March 2, 2012, the parties filed reciprocal motions for summary judgment and 13 partial summary judgment, principally directed to the aforementioned issues.
4. The Court issued its Order Denying Plaintiffs' Motion for Partial Summary Judgment; Granting in Part and Denying in Part Marin Defendants' Motion for Partial Summary Judgment; Granting in Part and Denying in Part San Francisco Defendants' Motion for Summary Judgment on April 16, 2012.
5. Defendants City and County of San Francisco, R. Cox and J. O'Malley filed a Request 20 for Leave to File Motion for Reconsideration re Order on Motion Summary Judgment on May 11, 2012 and a Notice of Appeal to the 9th CCA was filed by Defendants City and County of San Francisco, R. Cox, J. O'Malley on May 15, 2012.
6. On May 22, 2012, the Court Granted in Part and Denied in Part San Francisco 25 Defendants' Request for Leave to File Motion for Reconsideration and the Court set forth a briefing schedule. The hearing on the matter is set for July 6, 2012, at 9:00 a.m. 27 before Judge Maxine M. Chesney.
7. The significance of the pending motions is such that the parties do not believe an effort 2 to resolve this case without determination of the pending motions will be fruitful. The motions address the "discrete issues" that will most likely impact settlement, a subject expected to be addressed in settlement conference statements pursuant to the standing orders.
8. Given the foregoing factual representations, the parties request that the court continue the settlement conference to October 24, 2012, with settlement conference statements due seven (7) calendar days in advance, or October 17, 2012.
The court, having considered the parties' stipulation and good cause appearing, IT IS ORDERED that the settlement conference in this matter is continued to October 24, 2012 at 10:00 a.m. Confidential settlement conference statements to be lodged no later than October 17, 2012 in compliance with standing ...