STIP. PRO. RESCHEDULING EXPERT 

DISCLOSURE AND DISCOVERY CUT-OFF DATES; 

CASE NOS. C08-1916 MEJ ; C08-01163 MEJ

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DENNIS J. HERRERA, State Bar #139669

City Attorney 

JOANNE HOEPER, State Bar #114961

Chief Trial Attorney 

SEAN F. CONNOLLY, State Bar # 152235 

DANIEL A. ZAHEER, State Bar # 237118

Deputy City Attorneys 

Fox Plaza 

1390 Market Street, 6th Floor 

San Francisco, California 94102-5408 

Telephone: (415) 554-3822 

Facsimile: (415) 554-3837 

E-Mail: daniel.zaheer@sfgov.org 

Attorneys for Defendants 

CITY AND COUNTY OF SAN FRANCISCO ET AL. 

ROBERT C. CHEASTY, State Bar # 85115

Law Offices of Cheasty & Cheasty 

1604 Solano Avenue 

P.O. Box 8357 

Berkeley, CA 94707 

Telephone: (510) 525-1000 

Attorneys for Plaintiffs 

JAMAL JACKSON and JANNIE MENDEZ 

MATTHEW C. MANI, State Bar #172679

Freitas McCarthy MacMahon & Keating LLP 

1108 Fifth Avenue, Third Floor 

San Rafael, CA 94901 

Telephone: (415) 456-7500 

Facsimile: (415) 456-0266 

E-Mail: mmani@freitaslaw.com 

Attorneys for Plaintiffs 

SHAWN MYERS and SARAH MYERS 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

JAMAL JACKSON; JANNIE MENDEZ,

 Plaintiffs, 

 vs. 

CITY AND COUNTY OF SAN 

FRANCISCO, a municipal corporation;

Case No. C08-1916 MEJ 

STIPULATION AND [PROPOSED] 

ORDER TO EXTEND DATES FOR 

DISCOVERY AND EXPERT 

DISCLOSURE 

Trial Date: None Set

Case 3:08-cv-01163-MEJ Document 67 Filed 03/23/10 Page 1 of 5
STIP. PRO. RESCHEDULING EXPERT 

DISCLOSURE AND DISCOVERY CUT-OFF DATES; 

CASE NOS. C08-1916 MEJ ; C08-01163 MEJ

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HEATHER FONG, in her capacity as 

Chief of Police for the CITY AND 

COUNTY OF SAN FRANCISCO; JESSE 

SERNA, individually, and in his capacity 

as a police officers for the CITY AND 

COUNTY OF SAN FRANCISCO; GARY 

MORIYAMA, individually and in his 

capacity as a police officer for the CITY 

AND COUNTY OF SAN FRANCISCO; 

and San Francisco police officers and 

employees DOES 1 through 50, inclusive, 

 Defendants. 

SHAWN MYERS and SARAH MYERS, 

 Plaintiffs, 

 vs. 

CITY AND COUNTY OF SAN 

FRANCISCO, a municipal corporation; 

HEATHER FONG, in her capacity as 

Chief of Police for the CITY AND 

COUNTY OF SAN FRANCISCO; JESSE 

SERNA, individually, and in his capacity 

as a police officer for the CITY AND 

COUNTY OF SAN FRANCISCO; GARY 

MORIYAMA, individually and in his 

capacity as a police officer for the CITY 

AND COUNTY OF SAN FRANCISCO; 

and San Francisco police officers and 

employees, DOES 1 through 50, inclusive, 

 Defendants. 

Case No. C08-01163 MEJ 

Trial Date: Not set 

The undersigned parties, through counsel, STIPULATE and AGREE and jointly request 

modification of this Court’s Orders concerning and setting dates for discovery cut-offs in the above 

matter. 

The parties make this request based on the following circumstances: 

 1. Deposition discovery has only commenced in this matter, which has been joined with 

Case No. C-08-01163 MEJ, JAMAL JACKSON, et al., v. THE CITY AND COUNTY OF SAN 

FRANCISCO, et al., for the purposes of discovery. Preliminary written discovery has been 

completed. To date, only the depositions of Plaintiff Shawn Myers, and the deposition of Plaintiff 

Jamal Jackson have been taken. The depositions of defendant officers, of Plaintiffs Sarah Myers and 

Case 3:08-cv-01163-MEJ Document 67 Filed 03/23/10 Page 2 of 5
STIP. PRO. RESCHEDULING EXPERT 

DISCLOSURE AND DISCOVERY CUT-OFF DATES; 

CASE NOS. C08-1916 MEJ ; C08-01163 MEJ

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Jannie Mendez, and of numerous percipient witnesses are scheduled for April 2009. The parties 

engaged in a settlement conference in late January of 2010, where it became evident that settlement 

negotiations would not be fruitful until depositions discovery transpired.

 2. Counsel for Plaintiffs will be unavailable from April 5 through April 16, 2010. On the 

week of April 5, he is chaperoning his 10-year-old son’s class trip to Yosemite; during the week of 

April 11 through April 16, he will be on vacation with his family for Spring Break. These plans have 

been long set, and paid for, with no ability to secure a replacement chaperone nor recover the 

vacation expense. 

 3. Counsel for Defendants is set for trial in Federal Court to begin on April 26, 2010.

This trial is expected to last approximately two weeks. 

 4. Three of the percipient witnesses are located out of state, and the parties are in the 

process of meeting and conferring regarding the taking of these persons’ depositions. One of the 

witnesses will be traveling to California in May. The parties would like to take that deposition while 

the witness is in California to reduce the associated expenses. 

 5. One percipient witness is currently in boot camp for the United States Army and is not 

available for deposition. He will complete his basic training in July, at which time he will be 

available for deposition.

 6. The parties agree that more discovery is necessary to adequately evaluate their 

respective cases, including which experts will be necessary should the matter proceed to trial. They 

require additional time for the purpose of conducting this discovery. 

 For the aforementioned reasons, the parties jointly request that the Court amend its 

Scheduling Order as follows:: 

• June 25, 2010: Last day for expert witness disclosures 

• July 9, 2010: Rebuttal expert witness disclosure 

• July 23, 2010: Close of fact and expert discovery 

• August 19, 2010: Last day to file dispositive motions 

• 10 a.m., September 23, 2010: Dispositive Motion Hearing 

Case 3:08-cv-01163-MEJ Document 67 Filed 03/23/10 Page 3 of 5
STIP. PRO. RESCHEDULING EXPERT 

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CASE NOS. C08-1916 MEJ ; C08-01163 MEJ

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IT IS SO STIPULATED. 

Dated: March 22, 2010 

DENNIS J. HERRERA 

City Attorney 

JOANNE HOEPER 

Chief Trial Deputy 

SEAN F. CONNOLLY 

DANIEL A. ZAHEER 

Deputy City Attorneys 

By: s/Sean F. Connolly 

SEAN F. CONNOLLY 

Deputy City Attorney 

Attorneys for Defendants CITY AND COUNTY OF 

SAN FRANCISCO, et al. 

Dated: March 22, 2010 LAW OFFICES OF CHEASTY & CHEASTY 

By: **s/Robert C. Cheasty 

ROBERT C. CHEASTY 

Attorneys for Plaintiffs JAMAL JACKSON and 

JANNIE MENDEZ 

Dated: March 22, 2010 FREITAS MCCARTHY MACMAHON

 & KEATING LLP 

By: **Matthew C. Mani 

MATTHEW C. MANI 

Attorneys for Plaintiffs SHAWN MYERS and SARAH 

MYERS

**Pursuant to General Order 45, §X.B., the filer of this 

document attests that s/he has received the concurrence 

of this signatory to file this document. 

Case 3:08-cv-01163-MEJ Document 67 Filed 03/23/10 Page 4 of 5
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CASE NOS. C08-1916 MEJ ; C08-01163 MEJ

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ORDER

Based on the above stipulation, and for good cause appearing, IT IS ORDERED that the dates 

for disclosure of expert information and for the close of discovery be rescheduled. Disclosure of 

experts shall take place on April 26, 2010, and discovery shall close on May 12, 2010. 

Dated: 

 THE HONORABLE MARIA-ELENA JAMES 

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