Stipulation for Order and [Proposed] Order Continuing Pretrial Conference, Settlement Conference and 

Trial, and also Continuing the Deadlines for the Filing of the Joint Pretrial Conference Statement and FRCP 

Rule 26 Disclosures, Case No. C 09-01094 TEH 

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TAXMAN 

WAKEFORD 

NORTHERN 

CALIFORNIA 

LITIGATION 

ASSOCIATES

300 Montgomery Street, Suite 660 

San Francisco, California 94104

Steven B. Taxman (SBN 183394) 

Wesley Wakeford (SBN 224801) 

TAXMAN WAKEFORD 

300 Montgomery Street, Suite 660 

San Francisco, California 94104 

Telephone: (415) 578-3510 

Facsimile: (415) 294-2890 

Attorneys for Plaintiff 

TROY ALAN ELLER 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

TROY ALAN ELLER, 

 Plaintiff, 

v. 

CITY OF SANTA ROSA, a chartered 

city; SANTA ROSA POLICE DEPT., a 

police agency; KYLE PHILP, an 

individual and officer of the SANTA 

ROSA POLICE DEPT.; TOMMY 

ISACHSEN, an individual and officer of 

the SANTA ROSA POLICE DEPT.; 

SANTA ROSA MEMORIAL 

HOSPITAL, a California corporation; 

MARK DRAFTON, an individual; and 

DOES 1 through 25, inclusive, 

 Defendants. 

Case No.: C 09-01094 TEH 

 

STIPULATION FOR ORDER AND 

[PROPOSED] ORDER CONTINUING 

PRETRIAL CONFERENCE, 

SETTLEMENT CONFERENCE AND 

TRIAL, AND ALSO THE DEADLINES 

FOR THE FILING OF THE JOINT 

PRETRIAL CONFERENCE 

STATEMENT AND FRCP RULE 26 

DISCLOSURES 

 The parties herein hereby stipulate, through their attorneys of record, to an order of the 

Court continuing the pretrial conference, the settlement conference and the trial in this matter, as 

well as the deadlines for the filing of the parties’ Joint Pretrial Conference Statement and their 

FRCP Rule 26(a) disclosures, to later dates sometime in the future. 

The bases for this Stipulation are as follows: 

Case 3:09-cv-01094-TEH Document 75 Filed 06/22/10 Page 1 of 3
Stipulation for Order and [Proposed] Order Continuing Pretrial Conference, Settlement Conference and 

Trial, and also Continuing the Deadlines for the Filing of the Joint Pretrial Conference Statement and FRCP 

Rule 26 Disclosures, Case No. C 09-01094 TEH 

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TAXMAN 

WAKEFORD 

NORTHERN 

CALIFORNIA 

LITIGATION 

ASSOCIATES

300 Montgomery Street, Suite 660 

San Francisco, California 94104

First, the remaining Defendants in this action, Officers Kyle Philp and Tommy Isachsen, 

intend to appeal this Court’s June 10, 2010 Order denying their motion for summary judgment, to 

the Ninth Circuit Court of Appeals. Defendants’ Notice of Appeal will be filed imminently. Said 

Notice will divest this Court of its jurisdiction over those aspects of the case involved in the 

appeal, i.e. Defendants’ qualified immunity, rendering it unable to hear the pending hearings and 

conduct the trial before resolution of the appeal. See Griggs v. Provident Consumer Discount 

Co., 459 US 56 (1982). 

Second, Plaintiff’s counsel has also just filed a Motion to Withdraw as Counsel for 

Plaintiff, based on a irreparable breakdown in the attorney-client relationship that is preventing 

Plaintiff’s attorneys from providing him with effective assistance of counsel. 

Third, this is the first time any party has requested any continuances or enlargements of 

time in this matter. 

Dated: TAXMAN WAKEFORD 

 ______________________ 

 Steven B. Taxman, Esq. 

 Attorney for Plaintiff 

Dated: SANTA ROSA CITY ATTORNEY 

 ______________________ 

 John J. Fritsch, Assistant City Attorney 

 Attorney for Defendants 

PURSUANT TO STIPULATION, IT IS SO ORDERED 

DATE: ____________ _______________________________ 

 Hon. Judge of the U.S. District Court 

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORN

I

A

Judge Thelton E. Henderson

06/22/10

Case 3:09-cv-01094-TEH Document 75 Filed 06/22/10 Page 2 of 3
Case 3:09-cv-01094-TEH Document 75 Filed 06/22/10 Page 3 of 3