Baldwin et al v. Colley et al

Northern District of California, cand-4:2015-cv-02762

STIPULATION AND ORDER GRANTING re {{25}} STIPULATION WITH PROPOSED ORDER Continuing Deadline for Mediation filed by City of Antioch, California, Antioch Police Department, James Colley, Malad Baldwin, Kathryn Wade, Casey Brogdon. Signed by Magistrate Judge Kandis A. Westmore on 11/4/15.

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1 JAMES V. FITZGERALD, III (State Bar No. 55632) NOAH G. BLECHMAN (State Bar No. 197167) 2 ELIZABETH M. DOOLEY (State Bar No. 289510) MCNAMARA, NEY, BEATTY, SLATTERY, 3 BORGES & AMBACHER LLP 1211 Newell Avenue 4 Walnut Creek, CA 94596 Telephone: (925) 939-5330 5 Facsimile: (925) 939-0203 6 Attorneys for Defendants OFFICER JAMES COLLEY, OFFICER CASEY BROGDON, 7 ANTIOCH POLICE DEPARTMENT; and CITY OF ANTIOCH 8 McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 1211 NEWELL AVENUE, WALNUT CREEK, CA 94596 11 12 MALAD BALDWIN AND KATHRYN Case No. C15-02762 KAW TELEPHONE: (925) 939-5330 WADE, ATTORNEYS AT LAW 13 STIPULATION AND [PROPOSED] Plaintiffs, ORDER CONTINUING DEADLINE FOR 14 MEDIATION vs. 15 OFFICER JAMES COLLEY (#4705), in 16 his official and individual capacities, OFFICER CASEY BROGDON (#5334), in 17 his official and individual capacities, ANTIOCH POLICE DEPARTMENT, and 18 CITY OF ANTIOCH, CALIFORNIA, 19 Defendants. 20 21 IT IS HEREBY STIPULATED AND AGREED, by and between the parties to this action, 22 through their respective counsel of record, as follows: 23 WHEREAS the parties are respectfully requesting that the Court continues the deadline 24 for mediation for several months, until after the parties have had sufficient time to conduct 25 discovery and go forward with mediation. 26 WHEREAS currently this matter has a deadline to mediate this case by essentially 27 December 31, 2015. (See ECF 17). 28 WHEREAS the parties and mediator have agreed on a tentative mediation date of March STIPULATION AND ORDER CONTINUING DEADLINE FOR MEDIATION C15-02762 KAW 1 15, 2016, which was set to give the parties some time for discovery and per the availability of 2 counsel and the mediator. 3 WHEREAS this matter currently has the Initial Case Management Conference set with 4 Your Honor for January 19, 2016. 5 WHEREAS the parties need some time for discovery before mediation can go forward. 6 As such, the parties jointly request the Court set the new mediation deadline to April 15, 2016. 7 Our assigned mediator, Ms. Rachel Ehrlich, agrees with the timing as set forth herein. 8 WHEREAS good cause exists to continue the mediation deadline. McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP 9 The parties attest that concurrence in the filing of these documents has been obtained from 10 each of the other Signatories, which shall serve in lieu of their signatures on the document. 1211 NEWELL AVENUE, WALNUT CREEK, CA 94596 11 IT IS SO STIPULATED 12 Dated: October 22, 2015 MCNAMARA, NEY, BEATTY, SLATTERY, TELEPHONE: (925) 939-5330 BORGES & AMBACHER LLP ATTORNEYS AT LAW 13 By: /s/ Blechman, Noah 14 James V. Fitzgerald, III / Noah G. Blechman Elizabeth M. Dooley 15 Attorneys for Defendants OFFICER JAMES COLLEY, OFFICER CASEY 16 BROGDON, ANTIOCH POLICE DEPARTMENT; and CITY OF ANTIOCH 17 Dated: October 22, 2015 LAW OFFICES OF MARK KELSEY 18 By: /s/ _Mark Kelsey_____ 19 Mark Kelsey, Attorney for Plaintiffs MALAD BALDWIN AND KATHRYN WADE 20 21 ORDER 22 PURSUANT TO THE FOREGOING STIPULATION, THE COURT ORDERS AS 23 FOLLOWS: 24 The mediation deadline is continued to April 15, 2016. 25 IT IS SO ORDERED 26 Dated: _______________, 11/4 2015 By: Honorable Kandis A. Westmore 27 United States Magistrate Judge 28 STIPULATION AND ORDER CONTINUING 2 DEADLINE FOR MEDIATION C15-02762 KAW