UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
September 11, 2012
CARLOS ESPINOSA AND NAOMI GERADA CERRATO. PLAINTIFFS,
CITY AND COUNTY OF SAN FRNACISCO, A MUNICIPAL CORPORATION;
MICHAEL GAYNOR; INSPECTOR VELARDE, STAR # 2209;
MICHAEL SWART; AND DOES 1-25
The opinion of the court was delivered by: The Honorable Jeffrey S. White United States District Judge
Walter C. Cook, SBN 111330 Law Offices of Walter C. Cook 1500 -- 20TH Street San Francisco, CA 94107 415-920-0423, x2 415-920-0427, Fax Attorneys for Plaintiffs CARLOS ESPINOSA and NOEMI GEREDA-CERRATO
STIPULATION AND [PROPOSED] ORDER VACATING TRIAL AND PRETRIAL DATES, AND SCHEDULING FURTHER CASE MANAGEMENT CONFERENCE, IN LIGHT OF NOTICE OF PENDING SETTLEMENT
WHEREAS the trial date in this matter is February 19, 2013.
WHEREAS the pretrial conference in this matter is January 28, 2013.
WHEREAS the hearing date for dispositive motionsis December 7, 2012.
WHEREAS the parties in this matter have agreed to the terms of a settlement, which will 2 resolve all claims against all parties, but which is subject to the approval of the San Francisco 3 County Board of Supervisors. 4 5
WHEREAS the parties have agreed that plaintiffs shall dismiss this action with prejudice 6 upon payment of the settlement amount. 7 8
WHEREAS the settlement agreement provides for enforcement pursuant to California Code of Civil Procedure § 664.6. 10 11
WHEREAS the parties request that the trial date of February 19, 2013, the pretrial 9 12 conference date of January 28, 2013, and the dispositive motion hearing date of December 7, 13 2012 be vacated. 14 15
WHEREAS the parties in this matter request that a further case management conference 16 be set protectively for March 2013. 17 18
WHEREAS an appropriate further case management conference date, in the event that 19 the Board of Supervisors has not already approved the proposed settlement and plaintiffs 20 therefore have not dismissed this action, would be March 2, 9, or 16, 2013. 21
THEREFORE, the parties stipulate to entry of an order vacating the dispositive motion 2 hearing date of December 17, 2012; the pretrial conference date of January 28, 2013; and the 3 trial date of February 19, 2013; and scheduling a further case management conference for March 4 2, 9, or 16, 2013, at 1:30 p.m. 5
PURSUANT TO STIPULATION, IT IS SO ORDERED. A further case management conference is set for March __, 2013, 16 at 1:30 p.m. A joint case management 23 statement shall be filed by February/March __, 2013.
All other dates are VACATED.
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