Allen, et al v. City of Oakland, et al

Filing 1155

ORDER requiring report re: 1144 Court Investigator's June 21, 2017 report and ORDER setting status conference. Defendants' report due by 9/15/2017. Joint status conference statement due by 9/25/2017. Status conference set for 10/2/2017 at 3:00 PM in Courtroom 2, 17th Floor, San Francisco, before the Hon. William H. Orrick. Signed by Judge Thelton E. Henderson on 07/12/17. (tehlc3, COURT STAFF) (Filed on 7/12/2017)

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 DELPHINE ALLEN, et al., Plaintiffs, 6 7 8 v. CITY OF OAKLAND, et al., Defendants. 9 Case No. 00-cv-04599-TEH ORDER REQUIRING REPORT RE: COURT INVESTIGATOR’S JUNE 21, 2017 REPORT AND ORDER SETTING STATUS CONFERENCE 10 United States District Court Northern District of California 11 At the July 10, 2017 status conference, the City of Oakland explained that it shared 12 the Court’s concerns about the Court Investigator’s June 21, 2017 report on the City’s 13 response to allegations of officer sexual misconduct. Among other representations, 14 counsel for the City stated that, in addition to implementing all of the Court Investigator’s 15 recommendations, the City would undertake its own “probing analysis” of the failings 16 identified in the report and use this “critical incident review” as an opportunity to create 17 necessary cultural change. The City further invited monitoring of their response to the 18 Court Investigator’s report. As indicated at the hearing, the Court agrees that additional 19 reporting and monitoring is warranted. Accordingly, IT IS HEREBY ORDERED that: 20 1. On or before September 15, 2017, the City shall file a report detailing its 21 response to the Court Investigator’s June 21, 2017 report. This report must include the 22 status of the implementation of the Court Investigator’s recommendations, as well as any 23 other policy, procedural, or other changes the City finds appropriate following its own 24 review. For any changes not yet fully implemented, the City shall include a timeline for 25 implementation, as well as a list of responsible persons who may, if warranted, be subject 26 to contempt proceedings or other sanctions for any missed deadlines. As previously 27 ordered, confidential personnel information may be filed under seal, with a redacted 28 version of the report filed in the public record. 1 2. The City shall fully involve the Compliance Director in conducting its 2 review and preparing its report. The Court Investigator may assist the Compliance 3 Director as needed. 4 5 6 3. The Monitor shall monitor the City’s compliance with the Court Investigator’s recommendations and other appropriate actions in response to this order. 4. The parties shall appear for a status conference on October 2, 2017, at 7 3:00 PM, before the Honorable William H. Orrick. They shall file a joint status 8 conference statement on or before September 25, 2017. 9 As the Court stated at the status conference, Defendants continue to say many of the right things. However, as Plaintiffs’ counsel correctly observed, and as the Court itself 11 United States District Court Northern District of California 10 indicated, good intentions are not enough. Now, more than ever, is the time for action and 12 not just words. The Court would ordinarily reiterate that it remains fully prepared to use 13 its powers to the extent necessary to ensure that Defendants finally achieve sustainable 14 compliance, but the Court must instead leave this case to another judge. The Court has full 15 confidence that Judge Orrick will guide this case to an appropriate resolution. 16 17 IT IS SO ORDERED. 18 19 20 Dated: 07/12/17 _____________________________________ THELTON E. HENDERSON United States District Judge 21 22 23 24 25 26 27 28 2

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