Estate of Amilcar Perez Lopez et al v. Suhr et al

Northern District of California, cand-4:2015-cv-01846

ORDER by Judge Haywood S. Gilliam, Jr. Granting {{11}} Stipulation Waiving Service of Summons, Extending Time to Respond to Complaint, Continuing Case Mgt Conference.

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1 DENNIS J. HERRERA, City Attorney CHERYL ADAMS, State Bar #164194 2 Chief Trial Deputy PETER J. KEITH, State Bar #206482 3 Deputy City Attorney 1390 Market Street, 6th Floor 4 San Francisco, California 94102-5408 Telephone: (415) 554-3908 5 Facsimile: (415) 554-3837 E-Mail: peter.keith@sfgov.org 6 Attorneys for Defendants 7 CITY AND COUNTY OF SAN FRANCISCO (including SAN FRANCISCO POLICE DEPARTMENT), 8 GREG SUHR, CRAIG TIFFE, and ERIC REBOLI 9 ARNOLDO CASILLAS, ESQ., State Bar #158519 DENISSE O. GASTÉLUM, ESQ., State Bar #282771 10 CASILLAS, MORENO & ASSOCIATES 3500 W. Beverly Blvd. 11 Montebello, CA 90640 Telephone: (323) 725-0917 12 Facsimile: (323) 725-0350 E-Mail: acasillas@morenolawoffices.com 13 (Additional Counsel for Plaintiffs on following page) 14 Attorneys for Plaintiffs 15 ESTATE OF AMILCAR PEREZ LOPEZ, JUAN PEREZ, MARGARITA LOPEZ PEREZ 16 17 UNITED STATES DISTRICT COURT 18 NORTHERN DISTRICT OF CALIFORNIA 19 ESTATE OF AMILCAR PEREZ LOPEZ, by Case No. CV15-01846-HSG and through successors in interest, JUAN 20 PEREZ and MARGARITA LOPEZ PEREZ; STIPULATION WAIVING SERVICE OF JUAN PEREZ, individually; MARGARITA SUMMONS, EXTENDING TIME TO 21 LOPEZ PEREZ, individually, RESPOND TO COMPLAINT, AND CONTINUING INITIAL CASE 22 Plaintiffs, MANAGEMENT CONFERENCE FROM JULY 21, 2015 TO SEPTEMBER 8, 2015; 23 vs. DECLARATION IN SUPPORT; ORDER 24 CHIEF OF POLICE GREG SUHR; CITY AND COUNTY OF SAN FRANCISCO; SAN Judge: Hon. Haywood S. Gilliam 25 FRANCISCO POLICE DEPARTMENT; Place: 450 Golden Gate Avenue OFFICER CRAIG TIFFE (Badge No. 1312); Courtroom 15 - 18th 26 OFFICER ERIC REBOLI (Badge No. 1651), San Francisco, CA and DOES 1 to 10, 27 Defendants. 28 Stip Re Time to Respond to Complaint & Cont. CMC g:\hsgall\_cv\2014\2014_02855_helmantoler_v_city_of_concord\1 CASE NO. CV-15-01846 HSG 5-1846.docx 1 Additional Counsel for Plaintiffs: 2 JONATHAN D. MELROD, ESQ., State Bar #136441 1313 Scheibel Lane 3 Sebastopol, CA 954 72 Telephone: (415) 806-0154 4 E-Mail: jonathan4536@sbcglobal.net 5 WILLIAM M. SIMPICH, JR., ESQ., State Bar #106672 1736 Franklin Street, 10th Floor 6 Oakland, CA 94612 Telephone: (510) 444-0226 7 E-Mail: bsimpich@gmail.com 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stip Re Time to Respond to Complaint & Cont. CMC g:\hsgall\_cv\2014\2014_02855_helmantoler_v_city_of_concord\1 CASE NO. CV-15-01846 HSG 5-1846.docx 1 STIPULATION 2 The parties to this action, Plaintiffs ESTATE OF AMILCAR PEREZ LOPEZ, JUAN PEREZ, 3 MARGARITA LOPEZ PEREZ and Defendants GREG SUHR, CITY AND COUNTY OF SAN 4 FRANCISCO (also sued as SAN FRANCISCO POLICE DEPARTMENT), CRAIG TIFFE, and ERIC 5 REBOLI, through their respective counsel, stipulate as follows: 6 1. Waiver of service of summons by all unserved defendants. Defendants CRAIG 7 TIFFE and ERIC REBOLI waive service of summons pursuant to Federal Rule of Civil Procedure, 8 Rule 4(d), as if the request for waiver were mailed on June 18, 2015, such that the due date for a 9 response to the Complaint on behalf of each of them is due on August 17, 2015. 10 2. Extension of time to respond to Complaint for the previously served defendants, to 11 August 17, 2015. Under Northern District Civil Local Rule No. 6-1, the time to file a response to the 12 Complaint on behalf of defendants CITY AND COUNTY OF SAN FRANCISCO (also sued as the 13 SAN FRANCISCO POLICE DEPARTMENT) and GREG SUHR is extended to and including August 14 17, 2015. That is the same date that a response is due from the remaining defendants (CRAIG TIFFE 15 and ERIC REBOLI), who have agreed to waive service of summons. This extension will not alter any 16 event or deadline already fixed by Court order and it does not involve papers required to be filed or 17 lodged with the Court other than an initial response to the Complaint; however, as discussed below, 18 the parties have made a stipulated request to continue the case management conference for reasons that 19 include permitting the served defendants, as well as the defendants who have agreed to waive service 20 of summons, sufficient time to respond to the Complaint. 21 3. Continuance of initial case management conference to September 8, 2015, at 2:00 22 p.m. The current initial case management conference is set for July 21, 2015. The parties request an 23 order continuing the initial case management conference to Tuesday September 8, 2015, at 2:00 p.m., 24 and likewise continuing the pre-case management conference deadlines based on the new case 25 management conference date. Good cause exists for this extension as follows: (1) defense counsel 26 will be on a pre-planned, prepaid vacation on the currently set date of July 21; and further, (2) the 27 requested extension will allow all parties to appear in this action and will allow counsel sufficient 28 Stip Re Time to Respond to Complaint & Cont. CMC 1 g:\hsgall\_cv\2014\2014_02855_helmantoler_v_city_of_concord\1 CASE NO. CV-15-01846 HSG 5-1846.docx 1 time to meet and confer on the matters specified by the Federal Rules, Local Rules, and Standing 2 Orders. There have been no previous requests for a continuance. 3 The parties respectfully request that the above stipulation be entered as the Court's Order. 4 IT IS SO STIPULATED. 5 Dated: June 23, 2015 6 DENNIS J. HERRERA City Attorney 7 CHERYL ADAMS Chief Trial Deputy 8 PETER J. KEITH 9 Deputy City Attorney 10 By: /s/ Peter J. Keith 11 PETER J. KEITH 12 Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO (including 13 SAN FRANCISCO POLICE DEPARTMENT), GREG SUHR, CRAIG TIFFE, AND ERIC REBOLI 14 15 Dated: June 23, 2015 16 CASILLAS, MORENO & ASSOCIATES 17 18 By: ** /s/ Arnoldo Casillas ARNOLDO CASILLAS, ESQ. 19 Attorneys for Plaintiffs 20 ESTATE OF AMILCAR PEREZ LOPEZ, JUAN PEREZ, MARGARITA LOPEZ PEREZ 21 **Pursuant to Civil L.R. 5-1(i)(3), the electronic signatory has obtained approval from this signatory. 22 DECLARATION IN SUPPORT OF STIPULATED REQUEST FOR SCHEDULING ORDER 23 24 I, Peter J. Keith declare as follows: 25 1. I am a Deputy City Attorney in the Office of the San Francisco City Attorney, counsel 26 of record to Defendants GREG SUHR, CITY AND COUNTY OF SAN FRANCISCO (also sued as 27 SAN FRANCISCO POLICE DEPARTMENT), CRAIG TIFFE, and ERIC REBOLI. I have personal 28 Stip Re Time to Respond to Complaint & Cont. CMC 2 g:\hsgall\_cv\2014\2014_02855_helmantoler_v_city_of_concord\1 CASE NO. CV-15-01846 HSG 5-1846.docx 1 knowledge of the contents of this declaration, except where indicated otherwise, and I could and 2 would testify competently thereto if called upon to do so. 3 2. Good cause for continuance of case management conference. I have a pre-planned, 4 prepaid vacation on the currently scheduled date of July 21. This vacation was scheduled and paid for 5 before any defendants were served. In addition, an extension is sought until September 8, 2015 to 6 allow all parties to appear in this action and to allow counsel sufficient time to meet and confer on the 7 matters specified by the Federal Rules, Local Rules, and Standing Orders. 8 3. Previous time modifications. No previous time modifications have been requested. 9 4. Effect of the proposed schedule on the schedule for the case. The proposed schedule 10 will result in postponement of the initial case management conference and the dates associated with it, 11 but counsel do not expect the extension to affect the parties' requested deadlines for discovery, 12 motions, trial, or other matters. In addition, the parties have alreadly worked together to eliminate 13 delay, as shown by the remaining unserved defendants' agreement to waive service of summons so 14 that all parties will be brought in to this action shortly. 15 I declare under penalty of perjury under the laws of the United States that the foregoing is true 16 and correct. Executed June 23, 2015 at San Francisco, California. 17 /s/ Peter J. Keith PETER J. KEITH 18 19 ORDER 20 PURSUANT TO STIPULATION AND GOOD CAUSE SHOWN, 21 IT IS SO ORDERED. 22 23 Dated: 6/24/2015 ______________________________________ THE HONORABLE HAYWOOD S. GILLIAM, JR. 24 UNITED STATES DISTRICT JUDGE 25 26 27 28 Stip Re Time to Respond to Complaint & Cont. CMC 3 g:\hsgall\_cv\2014\2014_02855_helmantoler_v_city_of_concord\1 CASE NO. CV-15-01846 HSG 5-1846.docx