Knowles v. City of Benicia et al

Filing 111

ORDER signed by Judge William B. Shubb on 3/15/11, ORDERING that Counsel shall contact the Clerk to arrange a status conference, to be attended in person or by phone, for the purpose of discussing 107 The Stipulation To Buifurcate Discovery and Trial re: Punitivte Damages. (Kastilahn, A)

-DAD Knowles v. City of Benicia et al

Doc. 111

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GREGG A. THORNTON (SBN 146282) DANIELLE K. LEWIS (SBN 218274) JENNIFER L. RUSNAK (SBN 247054) SELMAN BREITMAN LLP 33 New Montgomery, Sixth Floor San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants CITY OF BENICIA, Police Chief SANDRA SPAGNOLI, City Manager JIM ERICKSON, Sergeant FRANK HARTIG, Sergeant BOB OETTINGER, Sergeant CHRIS BIDOU, Sergeant SCOTT PRZEKURAT, Officer JOHN McFADDEN, Officer MARK MENESINI, Officer JAMES LAUGHTER, Officer KEVIN ROSE, Officer JASON EAKIN, Officer TED CRIADO and Officer JAKE HEINEMEYER UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA PETER KNOWLES, Plaintiff, v. CITY OF BENICIA, Police Chief SANDRA SPAGNOLI, City Manager JIM ERICKSON, Sergeant FRANK HARTIG, Sergeant BOB OETTINGER, Sergeant CHRIS BIDOU, Sergeant SCOTT PRZEKURAT, Officer JOHN McFADDEN, Officer MARK MENESINI, Officer JAMES LAUGHTER, Officer KEVIN ROSE, Officer JASON EAKIN, Officer TED CRIADO, Officer JAKE HEINEMEYER and DOES I through XXX, inclusive, Defendants. CASE NO. 2:09-CV-03470-WBS-DAD

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STIPULATION TO BIFURCATE DISCOVERY AND TRIAL RE: PUNITIVE DAMAGES; [PROPOSED] ORDER THEREON

IT IS HEREBY STIPULATED by and between plaintiff Peter Knowles, through his counsel of record, and defendants City of Benicia, Police Chief Sandra Spagnoli, City Manager Jim Erickson, 1
STIPULATION TO BIFURCATE DISCOVERY AND TRIAL RE: PUNITIVE DAMAGES; [PROPOSED] ORDER THEREON CASE NO. 2:09-CV-03470-WBS-DAD
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Sergeant Frank Hartig, Sergeant Bob Oettinger, Sergeant Chris Bidou, Sergeant Scott Przekurat, Officer John McFadden, Officer Mark Menesini, Officer James Laughter, Officer Kevin Rose, Officer Jason Eakin, Officer Ted Criado, and Officer Jake Heinemeyer, through their counsel of record, as follows: 1. On or about December 16, 2009, plaintiff filed the

instant action entitled Knowles v. City of Benicia, et al., alleging seven (7) causes of action under 28 U.S.C. Section 1983 for violations of his civil rights against the City of Benicia and thirteen (13) individually named defendants. 2. Plaintiff seeks damages from all defendants in the form

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of compensatory damages, recovery of reasonable attorneys' fees and costs, declaratory and injunctive relief, as well as punitive damages against each of the thirteen (13) individually named defendants. 3. The parties also acknowledge and agree that before

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plaintiff would be entitled to recover punitive damages against any individually named defendant in this action, there must be an ultimate finding by the trier of fact that (1) the individual defendant is liable to plaintiff in that defendant's individual capacity, and (2) that the plaintiff is entitled to an award of punitive damages against that defendant based upon appropriate findings concerning the individual defendant's conduct. 4. The parties also acknowledge and agree that discovery

relating to the financial condition of the individually named defendants would only be appropriate once there has been an ultimate finding by the trier of fact that (1) the individual 2
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defendant is liable to plaintiff in that defendant's individual capacity, and (2) that the plaintiff is entitled to an award of punitive damages against that defendant, as set forth in paragraph 3. 5. Further, the parties stipulate and agree that discovery

of the financial condition of any individually named defendant should be stayed pending an ultimate finding by the trier of fact that (1) the individual defendant is liable to plaintiff in that defendant's individual capacity, and (2) that the plaintiff is entitled to an award of punitive damages against that defendant, as set forth in paragraph 3. Accordingly, the parties hereby

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stipulate that the written discovery previously propounded in this action by plaintiff to each individually-named defendant, served by personal service on February 7, 2011, is hereby stayed pending a finding that any defendant is liable to plaintiff in that defendant's individual capacity and that the plaintiff is entitled to an award of punitive damages against that defendant. Any individual defendant against whom such a finding is made will produce responses to the identified written discovery, and be available for deposition, pursuant to any scheduling Order issued by the Court. The parties agree that promptly following any such findings, they will request that the Court enter such a scheduling Order to set an expedited schedule to complete such discovery and to address, if possible, any objections and privileges that any such individual defendant may assert. The written discovery that is the subject of this Stipulation includes the following: 3
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A.

Plaintiff's Special Interrogatories to Defendant SANDRA SPAGNOLI, Set One

B.

Plaintiff's Request for Production of Documents from Defendant SANDRA SPAGNOLI, Set One

C.

Plaintiff's Special Interrogatories to Defendant JIM ERICKSON, Set One

D.

Plaintiff's Request for Production of Documents from Defendant JIM ERICKSON, Set One

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E.

Plaintiff's Special Interrogatories to Defendant FRANK HARTIG, Set One

F.

Plaintiff's Request for Production of Documents from Defendant FRANK HARTIG, Set One

G.

Plaintiff's Special Interrogatories to Defendant BOB OETTINGER , Set One

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H.

Plaintiff's Request for Production of Documents from Defendant BOB OETTINGER, Set One

I.

Plaintiff's Special Interrogatories to Defendant CHRIS BIDOU , Set One

J.

Plaintiff's Request for Production of Documents from Defendant CHRIS BIDOU, Set One

K.

Plaintiff's Special Interrogatories to Defendant SCOTT PRZEKURAT, Set One

L.

Plaintiff's Request for Production of Documents from Defendant PRZEKURAT, Set One

M.

Plaintiff's Special Interrogatories to Defendant JOHN MCFADDEN, Set One

N.

Plaintiff's Request for Production of Documents from 4

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STIPULATION TO BIFURCATE DISCOVERY AND TRIAL RE: PUNITIVE DAMAGES; [PROPOSED] ORDER THEREON CASE NO. 2:09-CV-03470-WBS-DAD

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Defendant JOHN MCFADDEN, Set One Plaintiff's Special Interrogatories to Defendant MARK MENESINI, Set One Plaintiff's Request for Production of Documents from Defendant MARK MENESINI, Set One Plaintiff's Special Interrogatories to Defendant JAMES LAUGHTER, Set One Plaintiff's Request for Production of Documents from Defendant JAMES LAUGHTER, Set One S. Plaintiff's Special Interrogatories to Defendant KEVIN ROSE, Set One T. Plaintiff's Request for Production of Documents from Defendant KEVIN ROSE, Set One U. Plaintiff's Special Interrogatories to Defendant JASON, Set One V. Plaintiff's Request for Production of Documents from Defendant JASON EAKIN, Set One W. Plaintiff's Special Interrogatories to Defendant TED CRIADO, Set One X. Plaintiff's Request for Production of Documents from Defendant TED CRIADO, Set One Y. Plaintiff's Special Interrogatories to Defendant JAKE HEINEMEYER, Set One Z. Plaintiff's Request for Production of Documents from Defendant JAKE HEINEMEYER, Set One 6. The parties hereby stipulate to bifurcate punitive

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damages determinations at trial, and that any discovery 5
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pertaining to individual defendants' finances will occur only after an ultimate finding by the trier of fact that (1) the individual defendant is liable to plaintiff in that defendant's individual capacity, and (2) that the plaintiff is entitled to an award of punitive damages against that defendant, as set forth in paragraph 3. 7. The parties agree that bifurcation of discovery and

trial relating to issues of liability and punitive damages will mutually benefit all of the parties and preserve judicial resources by precluding unnecessary and extensive discovery, motion practice and trial preparation should the matter be resolved during the liability phase. 8. The parties further stipulate and agree that if there

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is a determination by the trier of fact that any defendant is liable to plaintiff in that defendant's individual capacity and that the plaintiff is entitled to an award of punitive damages against that defendant, as set forth in paragraph 3, discovery pertaining to the financial condition of any such defendant, including service of responses to the above identified written discovery requests and deposition, will commence forthwith and be completed in a timely manner in accordance with any scheduling Order issued by this Court. / / / / / / / / / / / / / / / 6
STIPULATION TO BIFURCATE DISCOVERY AND TRIAL RE: PUNITIVE DAMAGES; [PROPOSED] ORDER THEREON CASE NO. 2:09-CV-03470-WBS-DAD

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DATED: March 14, 2011

ROSEN, BIEN & GALVAN, LLP

By: /s/ Sanford Jay Rosen (as authorized on March 14, 2011) __ SANFORD JAY ROSEN Attorneys for Plaintiff, PETER KNOWLES DATED: March 14, 2011 SELMAN BREITMAN LLP

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/s/ Jennifer L. Rusnak___________ GREGG A. THORNTON DANIELLE K. LEWIS JENNIFER L. RUSNAK Attorneys for Defendants CITY OF BENICIA, Police Chief SANDRA SPAGNOLI, City Manager JIM ERICKSON, Sergeant FRANK HARTIG, Sergeant BOB OETTINGER, Sergeant CHRIS BIDOU, Sergeant SCOTT PRZEKURAT, Officer JOHN MCFADDEN, Officer MARK MENESINI, Officer JAMES LAUGHTER, Officer KEVIN ROSE, Officer JASON EAKIN, Officer TED CRIADO and Officer JAKE HEINEMEYER

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ORDER Counsel shall contact the Clerk to arrange a status conference, to be attended in person or by phone, for the purpose of discussing the above request. Counsel shall be prepared to

discuss whether they intend the issue of punitive damages to be decided by the same jury or a different jury than the one which decides liability and compensatory damages. If they intend the

issues to be decided by the same jury, they shall be prepared to discuss how they expect the court to assure that the jurors will all be available at the later date and that during the time between the two phases the jurors will continue to adhere to the court's admonition not to discuss the case nor seek or receive any information regarding the issues in the case. If they intend

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the issues to be decided by a different jury, counsel shall be prepared to discuss how the second jury can decide the amount of punitive damages without (a) being told of the first jury's verdict and (b) hearing all of the same evidence the first jury heard. IT IS SO ORDERED. DATED: March 15, 2011

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