STIPULATION & [PROPOSED] ORDER TO CONTINUE DEADLINE TO EXCHANGE INITIAL DISCLOSURES TO APRIL 19,

2010 C08-04379 EDL 1

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John Russo, City Attorney, State Bar No. 129729

Vicki A. Laden, Supervising Deputy City Attorney, State Bar No. 130147

Office of the City Attorney

One Frank H. Ogawa Plaza, 6th Floor

Oakland CA 94612

Telephone: (510) 238-3601

Facsimile: (510) 238-6500

Eugene B. Elliot, State Bar No. 111475

Christine Lee, State Bar No. 231617

Joshua K. Clendenin, State Bar No. 245564

BERTRAND, FOX & ELLIOT

The Waterfront Building

2749 Hyde Street

San Francisco, California 94109

Telephone: (415) 353-0999

Facsimile: (415) 353-0990

Attorneys for Defendants

CITY OF OAKLAND, WAYNE TUCKER

DEBRA TAYLOR JOHNSON and KENNETH PARRIS

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

CHRISTOPHER YANKE,

Plaintiff,

vs.

CITY OF OAKLAND, WAYNE TUCKER,

DEBRA TAYLOR JOHNSON; KENNETH

PARRIS, STEPHEN RAFFLE, M.D., and DOES

1- 10,

Defendants.

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Case No.: C08-04379 EDL

STIPULATION AND [PROPOSED] ORDER

TO CONTINUE THE DEADLINE TO

EXCHANGE INITIAL DISCLOSURES TO

APRIL 19, 2010

Defendants CITY OF OAKLAND, WAYNE TUCKER, DEBRA TAYLOR JOHNSON and

KENNETH PARRIS (“CITY DEFENDANTS”) and Plaintiff CHRISTOPHER YANKE, in light of

the recent California Court of Appeal decision affirming the California Superior Court’s decision

regarding Plaintiff YANKE’s state court action, hereby stipulate, through their respective counsels of

record, as follows:

Case 3:08-cv-04379-EDL Document 99 Filed 01/07/10 Page 1 of 3 Case3:08-cv-04379-EDL Document98 Filed01/06/10 Page1 of 3
STIPULATION & [PROPOSED] ORDER TO CONTINUE DEADLINE TO EXCHANGE INITIAL DISCLOSURES TO APRIL 19,

2010 C08-04379 EDL 2

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1. That the deadline to exchange initial disclosures be continued until April 19, 2010.

2. Good cause exists for the above request. On August 20, 2009 this Court issued an

order granting defendant Raffle’s motion to dismiss and staying the action as to City defendants

based on the pendency of related state court proceedings. The California Court of Appeal heard oral

argument on the state court action on October 28, 2009.

3. On November 30, 2009, the California Court of Appeal issued a written decision

affirming the Alameda County Superior Court’s decision to deny Plaintiff YANKE’s writ petition. A

copy of the Court of Appeal’s November 30, 2009 decision is attached.

4. In light of the decision of the California Court of Appeal, the CITY DEFENDANTS

intend to bring another motion to dismiss Plaintiff’s Third Amended Complaint. It would be efficient

to continue the due date for initial disclosures until after the pleadings are settled and to allow

potentially dispositive motions to be heard prior to engaging in costly discovery.

5. In addition, the parties are engaged in discussions about the possibility of participating

in mediation at the end of January 2010 that could potentially resolve this litigation. Continuing the

deadline to exchange initial disclosures until after the mediation would reduce litigation costs for

both parties.

6. The parties agree to the above timeline. There is no prejudice to the parties or to the

Court if an Order is issued continuing the deadline to exchange initial disclosures to April 19, 2010.

7. The parties stipulate that a copy of a signature transmitted by any electronic means,

including but not limited to facsimile machine and scanned document transmitted via email will have

the same force and effect as an original signature.

SO STIPULATED.

Dated: January 7, 2010 LAW OFFICES OF ALDEN KNISBACHER

By: _____________/s___________________

Alden Knishbacher

Attorney for Plaintiff Christopher Yanke

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Case 3:08-cv-04379-EDL Document 99 Filed 01/07/10 Page 2 of 3 Case3:08-cv-04379-EDL Document98 Filed01/06/10 Page2 of 3
STIPULATION & [PROPOSED] ORDER TO CONTINUE DEADLINE TO EXCHANGE INITIAL DISCLOSURES TO APRIL 19,

2010 C08-04379 EDL 3

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Dated: January 7, 2010 BERTRAND, FOX & ELLIOT

By: /s Eugene B. Elliot

Eugene B. Elliot

Christine Lee

Attorneys for Defendants CITY OF

OAKLAND, WAYNE TUCKER,

DEBRA TAYLOR JOHNSON and

KENNETH PARRIS

ORDER

Good cause appearing, the deadline to exchange initial disclosures is continued to

______________________, 2010.

IT IS SO ORDERED.

Dated: ______________________________ ______________________________________

United States District Court Judge

Case3:08-cv-04379-EDL Document98 Filed01/06/10 Page3 of 3

April 19

January 7, 2010

Case 3:08-cv-04379-EDL Document 99 Filed 01/07/10 Page 3 of 3