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

Filing 840

Order by Hon. Thelton E. Henderson re: 839 October 19, 2012 stipulation between Plaintiffs and Intervenor Oakland Police Officers' Association.(tehlc3, COURT STAFF) (Filed on 10/22/2012)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 DELPHINE ALLEN, et al., 11 For the Northern District of California United States District Court 10 12 13 Plaintiffs, v. CITY OF OAKLAND, et al., Defendants. MASTER CASE FILE NO. C00-4599 TEH ORDER RE: OCTOBER 19, 2012 STIPULATION BETWEEN PLAINTIFFS AND INTERVENOR OAKLAND POLICE OFFICERS’ ASSOCIATION 14 15 The Court is in receipt of the stipulation and proposed order filed by Plaintiffs and 16 Intervenor Oakland Police Officers’ Association (“OPOA”) on October 19, 2012. Plaintiffs 17 and the OPOA have reached an agreement concerning certain aspects of the remedy that 18 Plaintiffs intend to seek in their receivership motion, as well as the OPOA’s intended 19 withdrawal of its motion for further intervention. They do not need the Court’s approval to 20 enter into this agreement, and the Court therefore finds it unnecessary to sign the proposed 21 order accompanying their stipulation. 22 However, Plaintiffs and the OPOA may not limit by agreement the scope of any 23 receivership the Court might impose. The Court must make that determination after carefully 24 examining all relevant factors. To assist with that determination, the Court is considering 25 appointing an expert witness under Federal Rule of Evidence 706. If the Court opts to pursue 26 such an appointment, it will allow the parties an opportunity to show cause as to why an 27 expert should not be appointed. See Fed. R. Evid. 706(a). The Court may also appoint 28 counsel to represent the expert. See, e.g., Oracle America, Inc. v. Google Inc., Case No. 1 C10-3561 WHA, Order Appointing Rule 706 Expert and Counsel (Docket No. 374) 2 (N.D. Cal. Aug. 30, 2011). 3 4 IT IS SO ORDERED. 5 6 Dated: 10/22/12 7 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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