Opinion
Case No. 08-CV-0757 CRB
03-19-2013
JEFFREY WALKER, Plaintiff, v. OFFICER JONES, ASUCION BENDEBEL, CN, STACY WILSON, THERAPIST, SRGT. CABEBE, PES MD DOE, JOHN DOE 1, JOHN DOE 2, JOHN DOE 3, JOHN DOE 4, JOHN DOE 5, JANE DOE SUPERVISORY OFFICIAL, Sued in their Individual and Official Capacities, Defendants.
DENNIS J. HERRERA City Attorney CHERYL ADAMS Chief Trial Deputy MICHAEL GERCHOW Deputy City Attorney Attorneys for Defendants Deputy Jones, Lt. Cabebe, and Ms. Bendebel ROBERT J. WILLIAMS COVINGTON & BURLING LLP Attorneys for Plaintiff Jeffrey E. Walker
DENNIS J. HERRERA, State Bar #139669
City Attorney
CHERYL ADAMS, State Bar #164194
Chief Trial Deputy
MICHAEL GERCHOW, State Bar #245706
Deputy City Attorney
Fox Plaza
1390 Market Street, 6th Floor
San Francisco, California 94102-5408
Telephone: (415) 554-3936
Facsimile: (415) 554-3837
Attorneys for Defendants
Deputy Jones, Lieutenant Cabebe and
Asuncion Bendebel
STIPULATION AND JOINT REQUEST FOR
RELIEF FROM ORDER SETTING CASE
MANAGEMENT CONFERENCE AND
ORDER
Pursuant to Local Rules 16-2(d) and 7-12, Plaintiff Jeffrey E. Walker and Defendants stipulate and jointly request a continuance of the Case Management Conference ("CMC") in this case for 35 days. Per the Court's order of October 26, 2012, the Case Management Conference is set for Friday, March 29, 2013 at 8:30 a.m., and the case has been referred for settlement mediation before Magistrate Judge Vadas. The parties engaged in multiple settlement conferences, but no conference is currently pending.
The parties agree that the interests of justice would be served by a 35 day continuance of the CMC and that the settlement conference occur no earlier than May 3, 2013. Since the Court's order, the parties arranged to amass key medical documents and take the deposition of a nurse who cared by plaintiff in the immediate aftermath of the incident. However, due to scheduling conflicts on behalf of plaintiff and a delay in the California Men's Colony's production of medical records, this important discovery will not be completed in April. The parties have agreed upon a tentative date for the deposition in early May, and defendants' subpoena agent is working with the California Men's Colony to track down the medical records.
Both parties continue to agree that mediation may be successful in this case, and that mediation should take place before the CMC. Continuing the CMC for 35 days will allow Plaintiff to take the remaining key deposition, receive and review the relevant medical records, and take part in a meaningful mediation session. In so doing, the dispute is more likely to be resolved through mediation with no further judicial intervention.
THEREFORE, IT IS HEREBY STIPULATED, AGREED, AND REQUESTED by the parties, through their respective counsel, that the Case Management Conference currently scheduled to take place on March 29, 2013 be continued until May 3, 2013 at 8:30 a.m., or on such a date and at such a time thereafter as is convenient for the Court, and that the parties be referred back to Judge Vadas for settlement mediation once key medical discovery is complete.
DENNIS J. HERRERA
City Attorney
CHERYL ADAMS
Chief Trial Deputy
By: _______________
MICHAEL GERCHOW
Deputy City Attorney
Attorneys for Defendants Deputy Jones, Lt. Cabebe,
and Ms. Bendebel
By: _______________
ROBERT J. WILLIAMS
COVINGTON & BURLING LLP
Attorneys for Plaintiff Jeffrey E. Walker PURSUANT TO STIPULATION, IT IS SO ORDERED
_______________
Hon. Charles R. Breyer
UNITED STATES DISTRICT JUDGE