Jones v. City of Oakland et al

Filing 15

ORDER by Magistrate Judge Maria-Elena James granting 14 Stipulation to Extend Mediation Completion date. (rmm2S, COURT STAFF) (Filed on 8/8/2012)

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1 2 3 4 5 6 7 8 9 10 11 WAUKEEN Q. McCOY, ESQ. (SBN: 168228) LAW OFFICES OF WAUKEEN Q. McCOY 703 Market Street, Suite 1300 San Francisco, California 94103 Telephone (415) 675-7705 Facsimile (415) 675-2530 Email: wqm@mccoyslaw.com Attorney for Plaintiff, TONY RAY JONES BARBARA J. PARKER, City Attorney, (SBN: 069722) RANDOLPH W. HALL, Assistant City Attorney (SBN: 080142) WILLIAM E. SIMMONS, Supervising Trial Atty., (SBN: 121266) One Frank H. Ogawa Plaza, 6th Floor Oakland, California 94612 Telephone: (510) 238-6520 Facsimile: (510) 238-6500 E-mail: wesimmons@oaklandcityattorney.org Attorneys for Defendants, CITY OF OAKLAND and CESAR GARCIA 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 15 TONY RAY JONES, an individual, 16 17 18 19 20 21 22 Case No. CV-12-01416 MEJ Plaintiff, JOINT STIPULATION TO EXTEND THE MEDIATION COMPLETION DATE; AND [PROPOSED] ORDER v. CITY OF OAKLAND, a municipality; CESAR GARCIA, individually and in his capacity as a police officer for the City of Oakland; OFFICER DOES 1 through 10, and DOES 1150, inclusive. Defendants 23 Pursuant to Civ. L. R. 6-2, for the reasons set forth below, the parties to the above- 24 captioned action stipulate and agree to extending the deadline for the completion of mediation in 25 this action; Plaintiff respectfully requests an order to that effect from the Court. STIPULATION 26 27 28 Plaintiff is currently involved in a related criminal case. Trial for Plaintiff’s criminal case is set to begin on September 10, 2012. The present deadline for completion of mediation is set JOINT STIPULATION TO CONTINUTE THE MEDIATION COMPLETION DATE CASE NO. CV-12-01416-MEJ 1 for September 13, 2012; however the parties believe that a meaningful mediation cannot take 2 place until Plaintiff’s deposition has been taken and it is not possible to take Plaintiff’s 3 deposition until the verdict in the related criminal case has been rendered. Additionally, Ellen S. 4 James, the initial mediator for the case, has been recused and the search for a replacement is 5 ongoing. 6 The trial in this case has been set for August 12, 2013 and no previous modifications to 7 deadlines have been stipulated or ordered. The parties believe that extending the mediation 8 would have no adverse effects on the scheduling in this matter. Therefore, the parties request that 9 the mediation deadline be rescheduled to a date on or around December 30, 2012. 10 THEREFORE, the parties hereby stipulate that the deadline for the completion of 11 mediation should be extended until December 30, 2012, or such other date as the Court may 12 deem appropriate. 13 14 15 16 DATED: August 7, 2012 DATED: August 7, 2012 17 LAW OFFICES OF WAUKEEN Q. McCOY CITY OF OAKLAND 18 By: _______/s/Waukeen Q. McCoy____ WAUKEEN Q. MCCOY, ESQ. Attorney for Plaintiff By: /s/William Simmons WILLIAM E. SIMMONS, ESQ. Attorney for Defendant 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION TO CONTINUTE THE MEDIATION COMPLETION DATE CASE NO. CV-12-01416-MEJ [PROPOSED] ORDER 1 2 The Court, having considered the parties’ stipulation to extend the deadline for the 3 completion of mediation, and good cause appearing, hereby grants the parties’ request. The 4 current deadline for mediation, September 13, 2012, is VACATED. 5 December 30, 2012 The new deadline for the completion of mediation is ____________________. 6 IT IS SO ORDERED. 7 8 August 8, 2012 DATED: ______________ 9 _________________________________ MARIA-ELENA JAMES UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION TO CONTINUTE THE MEDIATION COMPLETION DATE CASE NO. CV-12-01416-MEJ

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