Opinion
Case Number: CV12-04322 EJD
03-07-2013
N. R., a minor, et. al. Plaintiff(s), v. SCOTT HARRIS, a San Jose police officer; SERGEANT DAVIS, a San Jose police officer; SERGEANT GRANT, a San Jose police officer; LEIUTENANT WEGER, a San Jose police officer; ROBERT DAVIS, individually and in his capacity as Chief of Police, et al., Defendant(s).
RICHARD DOYLE, City Attorney (88625) NORA FRIMANN, Assistant City Attorney (93249) CLIFFORD GREENBERG, Sr. Deputy City Attorney (122612) STEVEN B. DIPPELL, Sr. Deputy City Attorney (121217) Office of the City Attorney Attorneys for Defendant, CITY OF SAN JOSE, et al. ANTHONY BOSKOVICH Attorney for Plaintiff, N.R., a minor
RICHARD DOYLE, City Attorney (88625)
NORA FRIMANN, Assistant City Attorney (93249)
CLIFFORD GREENBERG, Sr. Deputy City Attorney (122612)
STEVEN B. DIPPELL, Sr. Deputy City Attorney (121217)
Office of the City Attorney
Attorneys for Defendant, CITY OF SAN JOSE, et al.
STIPULATION AND [PROPOSED] ORDER MODIFYING DEADLINE TO HOLD EARLY NEUTRAL EVALUATION
Plaintiffs and Defendants in the above entitled matter hereby stipulate, and jointly request that the Court extend the deadline to hold an Early Neutral Evaluation to May 31, 2013. In support of this stipulation, the parties hereby submit the following as good cause for granting this request:
1. The documents material to this dispute largely involve police reports relating to incidents involving minors. As such, those reports are considered "juvenile records" under the Welfare and Institutions Code and cannot be disclosed absent an Order from the Juvenile Court or consent from the parents of the juveniles. Therefore, Defendants have not yet disclosed the material documents.
2. The parties are attempting to obtain consent from the necessary parties. In the absence of consent, a Petition and Order from the juvenile court will be sought. Either way, the actual disclosure of documents will take some time and will not allow for completion of the Early Neutral Evaluation before March 19, 2013, the current deadline.
3. In addition, due to various other conflicts, including scheduled trials, after disclosure of the material documents, the parties are unable to hold the Early Neutral Evaluation until May 31, 2013.
4. Given the fact that the postponement of the Early Neutral Evaluation would not delay the deadlines in this matter set by the Court, and for the reasons set forth herein, the parties submit that good cause exists for the extension of the ADR deadline.
Accordingly, the parties hereby jointly request that the Court extend the deadline to complete the Early Neutral Evaluation to May 31, 2013.
By: _______________
ANTHONY BOSKOVICH
Attorney for Plaintiff, N.R., a minor
RICHARD DOYLE, City Attorney
By: _______________
CLIFFORD GREENBERG
Sr. Deputy City Attorney
Attorney for Defendants, CITY OF SAN JOSE,
OFFICER SCOTT HARRIS, SERGEANT
DAVIS; SERGEANT GRANT, LEIUTENANT
WEGER, and FORMER POLICE CHIEF
ROBERT DAVIS
ORDER
Based upon the Stipulation of the parties, and good cause appearing therefore, the Court hereby extends the deadline to hold an Early Neutral Evaluation in this case to May 31, 2013.
IT IS SO ORDERED.
_______________
HONORABLE EDWARD J. DAVILA