AMENDED 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 

WARREN METLITZKY, State Bar # 220758

Deputy City Attorneys 

Fox Plaza 

1390 Market Street, 6th Floor 

San Francisco, California 94102-5408 

Telephone: (415) 554-3916 

Facsimile: (415) 554-3837 

E-Mail: warren.metlitzky@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; 

HEATHER FONG, in her capacity as 

Chief of Police for the CITY AND 

Case No. C08-1916 MEJ 

AMENDED STIPULATION AND 

[PROPOSED] ORDER TO EXTEND 

DISCOVERY, EXPERT DISCLOSURE 

AND DISPOSITIVE MOTION 

DEADLINES 

Trial Date: None Set 

Case 3:08-cv-01916-MEJ Document 54 Filed 03/26/10 Page 1 of 5
AMENDED STIP. PRO. RESCHEDULING EXPERT 

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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 abovecaptioned matters. 

The parties make this request based on the following circumstances: 

 1. The parties filed a Stipulation and Proposed Order ("March 22 Stipulation") with the 

Court on March 22, 2010. The March 22, 2010 Stipulation requests that 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 

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

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

 3. The parties erroneously attached an earlier draft of the Proposed Order to the March 22 

Stipulation, which contained different dates than those dates stipulated by the parties. 

 4. On March 23, 2010, the Court signed the Proposed Order that contains the 

erroneously-submitted dates described below. That Proposed Order differs from the March 22 

Stipulation as follows. It moves expert disclosure to April 26, 2010 rather than June 25, 2010, moves 

the date for close of discovery to May 12, 2010 rather than July 23, 2010 and does not address the 

dates for dispositive motions or expert rebuttal. 

 For the aforementioned reasons, the parties jointly request that the Court sign the attached 

amended Proposed Order, which conforms with the parties' March 22, 2010 stipulation. Consistent 

with the parties' March 22 Stipulation, the parties 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 

IT IS SO STIPULATED. 

Dated: March 25, 2010 

DENNIS J. HERRERA 

City Attorney 

JOANNE HOEPER 

Chief Trial Deputy 

SEAN F. CONNOLLY 

WARREN METLITZKY 

Deputy City Attorneys 

By: /s/ Warren Metlitzky 

WARREN METLITZKY 

Deputy City Attorney 

Attorneys for Defendants CITY AND COUNTY OF 

SAN FRANCISCO, et al. 

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Dated: March 25, 2010 LAW OFFICES OF CHEASTY & CHEASTY 

By: /s/ Robert C. Cheasty 

ROBERT C. CHEASTY 

Attorneys for Plaintiffs JAMAL JACKSON and 

JANNIE MENDEZ 

**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. 

Dated: March 25, 2010 FREITAS MCCARTHY MACMAHON 

 & KEATING LLP 

By: /s/ 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. 

 

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ORDER 

Based on the above stipulation and the March 22, 2010 Stipulation of all parties, and for good 

cause appearing, IT IS ORDERED that the Court's Scheduling Order be amended 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 

 

Dated: 

 THE HONORABLE MARIA-ELENA JAMES 

Case 3:08-cv-01916-MEJ Document 54 Filed 03/26/10 Page 5 of 5