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 STIPULATION AND [PROPOSED] ORDER TO CONTINUE EARLY NEUTRAL EVALUATION DEADLINE 

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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 EARLY NEUTRAL 

EVALUATION (ENE) DEADLINE 

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

attorneys of record, that the date for completion of the Early Neutral Evaluation, currently set by the 

Court for February 1, 2010, be continued to April 1, 2010. Good cause is shown as defendant 

DONALD GREEN, named in the Second Amended Complaint filed November 6, 2009, was only 

served on January 6, 2010 and his appearance is expected on or before February 26, 2010. In order 

to allow for a meaningful analysis of the case in accordance with the ENE procedure, it is preferable 

that all of the named parties have appeared and attend the ENE. The ENE evaluator appointed by the 

Court agrees that this request for a continuance is reasonable to allow all parties to appear at the ENE. 

A continuance until April 1, 2010 for the date to complete an ENE will allow time for all 

Case 3:09-cv-02782-EDL Document 56 Filed 02/10/10 Page 1 of 2 Case3:09-cv-02782-EDL Document55 Filed02/09/10 Page1 of 2
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 STIPULATION AND [PROPOSED] ORDER TO CONTINUE EARLY NEUTRAL EVALUATION DEADLINE 

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parties to appear.

Dated: February 5, 2010 LAW OFFICES OF TIM A. PORI 

 By: /s/ 

TIM A. PORI 

Attorneys for Plaintiff LUZ HERNANDEZ 

Dated: February 5, 2010 MEYERS NAVE RIBACK SILVER & WILSON

 By: /s/ 

KEVIN E. GILBERT 

Attorneys for Defendant JOHN HALLMAN 

Dated: February 5, 2010 BERTRAND, FOX & ELLIOT 

 By: /s/ 

GREGORY M. FOX 

Attorneys for Defendants

CITY OF NAPA, RICHARD MELTON, and 

CITY OF NAPA POLICE OFFICERS 

GARTH BENDER, RYAN COLE and RYAN HIBBS 

ATTORNEY ATTESTATION 

I hereby attest that I have on file all holograph signatures for any signatures indicated by a 

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

Dated: February 5, 2010 /s/ 

 Gregory M. Fox 

ORDER

 Good cause appearing, 

 THE STIPULATION IS SO ORDERED. The time to complete ENE in the above captioned 

matter is extended to April 1, 2010. 

Dated: ___________________, 2010 __________________________________________ 

 Honorable Elizabeth D. Laporte 

 UNITED STATES MAGISTRATE JUDGE 

Case3:09-cv-02782-EDL Document55 Filed02/09/10 Page2 of 2

February 9, 2010

Case 3:09-cv-02782-EDL Document 56 Filed 02/10/10 Page 2 of 2