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STIPULATION AND [PROPOSED] ORDER TO CONTINUE MEDIATION DEADLINE

Franklin v. City of San Leandro, et al. U.S.D.C. Northern District Case No.: 4:17-cv-00789-HSG

Gregory M. Fox, State Bar No. 070876

Joanne Tran, State Bar No. 294402

BERTRAND, FOX, ELLIOT, OSMAN & WENZEL

The Waterfront Building

2749 Hyde Street

San Francisco, California 94109

Telephone: (415) 353-0999

Facsimile: (415) 353-0990

Email: gfox@bfesf.com

jtran@bfesf.com

Attorneys for Defendant

OFFICER DENNIS MALLY

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

RON FRANKLIN, an individual,

Plaintiff,

v.

CITY OF SAN LEANDRO, a municipal

corporation; DENNIS MALLY, individually 

and in his capacity as an officer for the San 

Leandro Police Department; and DOES 1-50, 

inclusive, individually, jointly and severally,

Defendants.

Case No. 4:17-cv-00789-HSG

STIPULATION AND [PROPOSED] ORDER 

CONTINUING MEDIATION COMPLIANCE 

DEADLINE

Hon. Haywood S. Gilliam, Jr.

Plaintiff RON FRANKLIN and defendant OFFICER DENNIS MALLY respectfully request that 

the mediation compliance deadline in this action be continued to March 30, 2019. Pursuant to Docket 

No. 43, this matter was ordered to mediation on November 16, 2018, and mediation is to be completed 

by February 1, 2019. On December 27, 2018 in Docket No. 44, the matter was referred to mediator 

William Simmons for mediation. 

Good cause exists for this continuance for the following reasons: Defendant has recently taken 

the deposition of Plaintiff. However, due to scheduling conflicts, Plaintiff has scheduled Officer Mally’s 
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE MEDIATION DEADLINE

Franklin v. City of San Leandro, et al. U.S.D.C. Northern District Case No.: 4:17-cv-00789-HSG

deposition for February 22, 2019. The parties will be taking the depositions of two civilian witnesses on 

February 25, 2019. The parties agree that these three additional depositions should be taken before the 

mediation in order to have a meaningful mediation session. The parties are cooperating and have met 

and conferred with the mediator and have tentatively scheduled the mediation for March 11, 2019. 

Based on these reasons, the parties respectfully request that the Court continue the deadline to complete 

mediation to March 30, 2019.

Respectfully submitted, 

DATED: January 9, 2019 LAW OFFICES OF JOHN L. BURRIS

By: _/s/ K. Chike Odiwe

John L. Burris

DeWitt Lacy

K. Chike Odiwe

Attorneys for the Plaintiff

RON FRANKLIN

DATED: January 9, 2019 BERTRAND, FOX, ELLIOT, OSMAN & WENZEL

By: /s/ Joanne Tran

Gregory M. Fox

Joanne Tran

Attorneys for the Defendant

OFFICER DENNIS MALLY

ATTORNEY ATTESTATION

I, Joanne Tran, am the ECF user whose identification and password are being used to file the 

foregoing documents. Pursuant to Civil Local Rule 5.1(i), I hereby attest that concurrence in the filing of 

these documents has been obtained from each of its Signatories.

Dated: January 9, 2019 /s/ Joanne Tran

Joanne Tran
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE MEDIATION DEADLINE

Franklin v. City of San Leandro, et al. U.S.D.C. Northern District Case No.: 4:17-cv-00789-HSG

ORDER

Having considered the parties’ stipulation, the deadline to complete mediation is March 30, 2019. 

IT IS SO ORDERED.

DATED: 

HAYWOOD S. GILLIAM, JR.

UNITED STATES DISTRICT JUDGE

1/10/2019