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

Filing 654

STIPULATION AND ORDER Amending Briefing Schedule for 643 Plaintiff's Motion for Sanctions Against City of Oakland Police Officer, J Hargraves and/or City of Oakland Police Lieutenant, C. Wong. Responses due by 12/12/2011. Replies due by 12/19/2011. Signed by Judge Thelton E. Henderson on 12/01/2011. (tmi, COURT STAFF) (Filed on 12/2/2011)

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JOHN L. BURRIS, STATE BAR NO. 69888
Law Offices of John L. Burris
Airport Corporate Centre
7677 Oakport Road, Suite 1120
Oakland, California 94621
Telephone: [phone]
Facsimile:
510.839.3882

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JAMES B. CHANIN, STATE BAR NO. 76043
JULIE M. HOUK, STATE BAR NO. 114968
Law Offices of James B. Chanin
3050 Shattuck Avenue
Berkeley, California 94705
Telephone: [phone], Ex. 2
Facsimile:
510.848.5819

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO DIVISION

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DELPHINE ALLEN, et al.,

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Plaintiffs,

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vs.

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CITY OF OAKLAND, et al.,
Defendants.

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Hearing Date: January 9, 2012
Time: 10:00 a.m.
Courtroom: 2, 17th Floor
The Honorable Thelton E. Henderson

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STIPULATION AND [PROPOSED]
ORDER AMENDING BRIEFING
SCHEDULE FOR PLAINTIFFS’
MOTION FOR SANCTIONS AGAINST
CITY OF OAKLAND POLICE OFFICER,
J. HARGRAVES AND/OR CITY OF
OAKLAND POLICE LIEUTENANT, C.
WONG

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Case No.: C00-4599 TEH

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Stipulation and Prop. Order re Amending Briefing Schedule
Delphine Allen v. City of Oakland, et al., Case No. C00-4599 TEH

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WHEREAS, Plaintiffs have noticed a motion for sanctions against City of Oakland

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Police Officer, J. Hargraves, and City of Oakland Police Lieutenant, C. Wong, to be heard on

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January 9, 2012;

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WHEREAS, under the current briefing schedule, any opposition to said motion must be

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filed by Monday, November 28, 2011 and any reply to said motion would be due on Monday,

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December 5, 2011;

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WHEREAS, the Defendant City of Oakland, Officer Hargraves and Lt. Wong have not

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yet reached an agreement concerning whether the City of Oakland will provide separate legal

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counsel to Officer Hargraves and/or Wong because of any conflict of interest its current counsel

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may have in representing Officer Hargraves and Lt. Wong in this matter and said parties need

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additional time to resolve that issue before opposition(s) to Plaintiffs’ motion can be filed;

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WHEREAS, the undersigned counsel for the City of Oakland, Special Counsel for

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Officer Hargraves and Lt. Wong and counsel for the Intervenor, Oakland Police Officers

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Association, understand that Plaintiffs’ counsel will be unavailable after 12:00 p.m. on

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November 23, 2011, to engage in any further meet and confer discussions concerning any

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amendment to the briefing schedule due and/or to participate in the filing of this stipulation

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and/or other Court documents concerning this issue;

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WHEREAS, the undersigned counsel for Officer Hargraves and Lt. Wong are not making

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a general appearance for these parties at this time, but are appearing at this time for the limited

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purpose of requesting that the Court amend the briefing schedule to provide Defendant City of

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Oakland, Officer Hargraves and Lt. Wong additional time to resolve the issue of whether conflict

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counsel will be provided to Officer Hargraves and Lt. Wong,

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IT IS HEREBY STIPULATED AND AGREED THAT the briefing schedule on

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Plaintiffs’ motion for sanctions against Officer Hargraves and Lt. Wong should be amended to

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permit them to have additional time to resolve the issue of their legal representation in this matter

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to wit: any opposition to Plaintiffs’ motion would be due on or before December 12, 2011, and
Stipulation and Prop. Order re Amending Briefing Schedule
Delphine Allen v. City of Oakland, et al., Case No. C00-4599 TEH

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any reply to said motion would be due on or before December 19, 2011. This Stipulation would

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have no other effect on the hearing date of the motion absent a further Order from this Court or

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upon any other dates currently set by the Court in this matter.

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IT IS SO STIPULATED:

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Dated: December 1, 2011

/S/
James B. Chanin and John L. Burris
Attorneys for Plaintiffs

Dated: December 1, 2011

/S/
Justin Buffington
Rains Lucia Stern, PC
2300 Contra Costa Blvd. Suite 500
Pleasant Hill, CA 94523
PH: 925.609.1699 FX: 925.609.1690
Specially Appearing for J. Hargraves and C. Wong

Dated: December 1, 2011

/S/
Gregory M. Fox
Attorney for Defendant
City of Oakland

Dated: December 1, 2011

/S/
Rockne A. Lucia
Attorney for Intervenor
Oakland Police Officers Association

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helton E

Judge T

RT

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______________________________________
Thelton E. Henderson
Judge of the United StatesHenderson Court
District
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NO

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Dated: December 1, 2011
November ___, 2011

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PURSUANT TO STIPULATION,
IT IS SO ORDERED:

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Stipulation and Prop. Order re Amending Briefing Schedule
Delphine Allen v. City of Oakland, et al., Case No. C00-4599 TEH

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