1

 STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE ON DISCOVERY MOTIONS 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Michael W. Barrett, City Attorney, State Bar No. 155968 

David C. Jones, Deputy City Attorney, State Bar No. 129881 

NAPA CITY ATTORNEY’S OFFICE 

CITY OF NAPA 

P.O. Box 660 

955 School Street 

Napa, CA 94559 

Telephone: (707) 257-9516 

Fax: (707) 257-9274 

Gregory M. Fox, State Bar No. 070876 

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 NAPA, POLICE CHIEF RICHARD MELTON 

And OFFICER GARTH BENDER 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

LUZ HERNANDEZ, 

 Plaintiff, 

 vs. 

CITY OF NAPA, et al., 

 Defendants. 

 Case No.: C09-2782 EDL

STIPULATION AND [PROPOSED] ORDER 

CONTINUING THE HEARING DATES FOR 

PLAINTIFF’S MOTION TO COMPEL 

DISCOVERY AND THE CITY OF NAPA’S 

MOTION TO BIFURCATE MONELL 

DISCOVERY AND TRIAL

IT IS HEREBY STIPULATED by the parties hereto, through their respective undersigned 

attorneys of record, that the date for the hearing on the plaintiff’s motion to compel discovery against 

the City of Napa and the defendant City of Napa’s motion to bifurcate Monell discovery and trial be 

continued from Tuesday, June 22 to Tuesday, July 20, 2010. Since the completion of ENE on April 

22, 2010, the parties have continuously met and conferred and cooperated in good faith on resolving 

all non-Monell discovery matters. On Tuesday June 1 the parties and their respective computer 

experts met and conferred on a proposal to allow plaintiff’s computer expert to conduct a forensic 

examination on the Napa Police Department server for documents and emails that discuss, refer or 

relate to the incident and events more fully set forth in the second amended complaint on file. The 

Case 3:09-cv-02782-EDL Document 85 Filed 06/03/10 Page 1 of 3 Case3:09-cv-02782-EDL Document84 Filed06/03/10 Page1 of 3
2

 STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE ON DISCOVERY MOTIONS 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

parties need additional time to complete the meet and confer process on the proposal and draft the 

appropriate stipulations and orders to accommodate this discovery. The parties continue to 

cooperate on discovery matters including depositions, records subpoenas and related matters. An 

extension of the remaining briefing schedule and hearing dates for both discovery motions will allow 

the parties time to complete this meet and confer process. 

The parties further stipulate to extend the date for supplemental Rule 26 disclosures to Friday 

July 2, 2010 based on the ongoing meet and confer process. 

The parties have also stipulated that all depositions noticed before July 2, 2010 may be 

completed after July 2, 2010 at a mutually convenient date and time for all parties. 

And because of the ongoing meet and confer on discovery the parties have stipulated that 

expert disclosures be extended to August 31 with expert discovery to be completed within 30 days. 

Based on the good faith meet and confer to date Plaintiff herein also withdraws her request for 

sanctions included in her notice of motion against these defendants. 

So Stipulated. 

Dated: June 3, 2010 LAW OFFICES OF TIM A. PORI 

 By: /s/ 

TIM A. PORI 

Attorneys for Plaintiff LUZ HERNANDEZ 

Dated: June 3, 2010 BERTRAND, FOX & ELLIOT 

 By: /s/ 

GREGORY M. FOX 

Attorneys for Defendants

CITY OF NAPA, RICHARD MELTON, and 

GARTH BENDER 

Case 3:09-cv-02782-EDL Document 85 Filed 06/03/10 Page 2 of 3 Case3:09-cv-02782-EDL Document84 Filed06/03/10 Page2 of 3
3

 STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE ON DISCOVERY MOTIONS 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

ATTORNEY ATTESTATION 

I hereby attest that Mr. Pori by cell phone confirmed at 8:45 a.m. on June 3, 2010, after I 

twice read this stipulation to him, that he agreed with the stipulation and authorized me to sign his 

name and efile this stipulation; that he is in criminal court today but will send me his signature so I 

will have on file all holograph signatures for any signatures indicated by a conformed signature 

(“/s/”) within this E-filed document. 

Dated: June 3, 2010 /s/ 

 Gregory M. Fox 

ORDER

 Good cause appearing, 

 THE STIPULATION IS SO ORDERED. The briefing schedules for both discovery motions 

and the hearing date for said motions is continued to July 20, 2010 as set forth in the stipulation. The 

other discovery matters are approved as set forth in the stipulation.

Dated: ___________________, 2010 __________________________________________ 

 Honorable Elizabeth D. Laporte 

 UNITED STATES MAGISTRATE JUDGE 

Case3:09-cv-02782-EDL Document84 Filed06/03/10 Page3 of 3

June 3

Case 3:09-cv-02782-EDL Document 85 Filed 06/03/10 Page 3 of 3