STIP & [PROPOSED] ORDER RE: CASE 

MANAGEMENT SCHEDULE 

USDC CASE NO.: 09-CV-0628 CRB

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DENNIS J. HERRERA, State Bar #139669

City Attorney 

JOANNE HOEPER, State Bar #114961 

Chief Trial Deputy 

KIMBERLY A. BLISS, State Bar #207857 

Deputy City Attorney 

Fox Plaza 

1390 Market Street, Sixth Floor 

San Francisco, California 94102-5408 

Telephone: (415) 554-3861 

Facsimile: (415) 554-3837 

E-Mail: kimberly.bliss@sfgov.org 

Attorneys for Defendants 

CITY AND COUNTY OF SAN FRANCISCO, 

CALVIN CHOW AND RAYMOND LEE 

 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SHARON S. HENRY, 

 Plaintiffs, 

 vs. 

BANK OF AMERICA CORPORATION, 

NANCY MENDOZA, CITY &COUNTY OF 

SAN FRANCISCO, CALVIN CHOW, 

RAYMOND LEE, and DOE ONE through 

DOE TEN, inclusive, 

 Defendants. 

Case No. 09-CV-0628 RS 

STIPULATION AND [PROPOSED] ORDER 

SETTING CASE MANAGEMENT SCHEDULE 

Case Filed: February 11, 2009 

Trial Date: Not Set 

*E-Filed 6/25/10* AS MODIFIED BY THE COURT

Case 3:09-cv-00628-RS Document 110 Filed 06/25/10 Page 1 of 4
STIP & [PROPOSED] ORDER RE: CASE 

MANAGEMENT SCHEDULE 

USDC CASE NO.: 09-CV-0628 CRB

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On June 10, 2010, the Court ordered the parties to meet and confer and to submit a proposed 

Case Management Order. As mentioned in the parties' prior Joint Case Management Conference 

Statement (Doc. No. 93, filed April 4, 2010), Judge Breyer stayed Monell discovery in this action until 

there is a determination of whether or not the individual Officer defendants committed a constitutional 

violation. Accordingly, the parties have agreed on a schedule that allows for discovery, summary 

judgment and trial on the underlying constitutional claims and state tort claims against the City 

defendants, as well as the negligence claim against the Bank, first.1

 Monell discovery and trial would 

follow only if necessary.2 

This schedule also partially accommodates the anticipated maternity leave of the City's 

counsel, Ms. Bliss, from mid-December 2010 through May 14, 2011, by setting the dispositive motion 

hearing before her leave, and the discovery cut-off, pretrial briefing, pretrial conference and the trial 

date for after her return from leave. Another attorney from the office will cover the mediation and 

expert discovery in her absence in order to keep the case moving. The gap between the discovery cutoff and the pretrial filings also accommodates Plaintiff's counsel's July 2011 trial schedule. 

Accordingly, the parties' proposed schedule is as follows: 

Dispositive Motion Hearing Date: December 9, 2010 

Mediation Deadline: February 19, 2011 

Expert Witness designation and reports (per Rule 26(a)(2)): 

Initial: April 21, 2011 

Rebuttal: May 12, 2011 

Discovery cut-off (fact and expert, non-Monell): June 9, 2011 

Pretrial filings due (pursuant to the Court's standing order): August 15, 2011 

 1 See, e.g., Quintanilla v. City of Downey, 84 F.3d 353, 356 (9th Cir. 1996) ("The district court, 

under Fed. R. Civ. P. 42(b), in the interest not only of convenience and judicial economy but also the 

avoidance of potential prejudice and confusion, bifurcated the trial of the individual police officers 

from the Chief and city."); Wilkins v. City of Oakland, 2006 WL 305972, *1-2 (N.D. Cal. 2006) 

(bifurcating Monell for purposes of trial). 

2

 In the event the Court (on summary judgment) or the jury (at trial) holds that the underlying 

officers did not violate Plaintiff's constitutional rights, the Monell claims would also fail without the 

need for further discovery or proceedings against the City defendants. Long v. City and County of 

Honolulu, 511 F.3d 901, 907 (9th Cir. 2007). 

Case 3:09-cv-00628-RS Document 110 Filed 06/25/10 Page 2 of 4
STIP & [PROPOSED] ORDER RE: CASE 

MANAGEMENT SCHEDULE 

USDC CASE NO.: 09-CV-0628 CRB

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Pretrial Conference: August 25, 2011 at 10:00 a.m. 

Trial date: September 5, 2011 at 9:00 a.m. 

SO STIPULATED: 

Dated: June 25, 2010 

SIEGEL & YEE 

By: s/Jose Luis Fuentes 

JOSE LUIS FUENTES 

Attorneys for Plaintiff SHARON HENRY 

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

document attests that she has received the concurrence of 

this signatory to file this document. 

Dated: June 25, 2010 

 SEVERSON & WERSON 

By: s/Andrew S. Elliot 

ANDREW S. ELLIOT 

Attorneys for Defendants BANK OF AMERICA 

CORPORATION AND NANCY MENDOZA 

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

document attests that she has received the concurrence of 

this signatory to file this document. 

Dated: June 25, 2010 

DENNIS J. HERRERA 

City Attorney 

JOANNE HOEPER 

Chief Trial Deputy 

KIMBERLY A. BLISS 

Deputy City Attorneys 

By: /s/ Kimberly A. Bliss 

KIMBERLY A. BLISS 

Attorneys for Defendants CITY AND COUNTY OF 

SAN FRANCISCO, CALVIN CHOW AND 

RAYMOND LEE 

Case 3:09-cv-00628-RS Document 110 Filed 06/25/10 Page 3 of 4
STIP & [PROPOSED] ORDER RE: CASE 

MANAGEMENT SCHEDULE 

USDC CASE NO.: 09-CV-0628 CRB

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ORDER 

Pursuant to the Stipulation above, and for good cause shown, the Court sets the following Case 

Management Schedule: 

Dispositive Motion Hearing Date: December 9, 2010 

Mediation Deadline: February 19, 2011 

Expert Witness designation and reports (per Rule 26(a)(2)): 

Initial: April 21, 2011 

Rebuttal: May 12, 2011 

Discovery cut-off (fact and expert, non-Monell): June 9, 2011 

Pretrial filings due (pursuant to the Court's standing order): August 15, 2011 

Pretrial Conference: August 25, 2011 at 10:00 a.m. 

Trial date: September 5, 2011 at 9:00 a.m. 

DATE: ___________________________________ 

 HONORABLE RICHARD SEEBORG 

 UNITED STATES DISTRICT JUDGE 

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Case 3:09-cv-00628-RS Document 110 Filed 06/25/10 Page 4 of 4