Barnett v. County of Contra Costa et al

Filing 177

STIPULATION AND ORDER continuing the Case Management Conference to 4/12/2010 at 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 01/26/10. (rbe, COURT STAFF) (Filed on 1/27/2010)

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PETER OBSTLER (SBN 171623) [e-mail] JEE YOUNG YOU (SBN 241658) [e-mail] BINGHAM MCCUTCHEN LLP Three Embarcadero Center San Francisco, CA 94111-4067, U.S.A. Telephone: [phone] Facsimile: 415.393.2286 JAMES V. FITZGERALD, III (SBN 055632) [e-mail] MCNAMARA, DODGE, NEY, BEATTY, SLATTERY, PFALZER & BORGES LLP 1211 Newell Ave. Post Office Box 5288 Walnut Creek, CA 94596 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants ANDREW C. SCHWARTZ (S.B. # 064578) CASPER, MEADOWS, SCHWARTZ & COOK A Professional Corporation California Plaza 2121 North California Blvd., Suite 1020 Walnut Creek, California 94596 Telephone: [phone] Facsimile: [phone] Email: [e-mail] MARK E. MERIN (S.B. # 043849) LAW OFFICE OF MARK E. MERIN 2001 P Street, Suite 100 Sacramento, California 95811 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ROSALETY BARNETT, PETER MORGANELLI, and all others similarly situated, Plaintiffs,

Case No. C 04-04437 TEH
STIPULATION AND [PROPOSED] ORDER TO: (1) EXTEND DEADLINE TO GIVE
STIPULATION AND [PROPOSED] ORDER TO (1) EXTEND DEADLINE TO GIVE NOTICE; AND (2) CONTINUE THE FEBRUARY 7, 2010 CMC

A/73274730.1/3391619-0000340516

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v. COUNTY OF CONTRA COSTA, CONTRA COSTA COUNTY SHERIFF'S DEPARTMENT, CONTRA COSTA COUNTY SHERIFF WARREN RUPF, individually and in his official capacity, CONTRA COSTA COUNTY SHERIFF'S DEPUTIES DOES 1 THROUGH 100, and ROES 1 THROUGH 20, INCLUSIVE, Defendants.

NOTICE TO POTENTIAL CLASS MEMBERS; AND (2) CONTINUE THE FEBRUARY 8, 2010 CASE MANAGEMENT CONFERENCE PENDING MEDIATION

Place: 450 Golden Gate Ave. Courtroom 12, 19th Floor Judge: Hon. Thelton E. Henderson

Representative Plaintiff Adeline Chan, on behalf of herself and others similarly situated ("Plaintiffs") and Defendants Contra Costa County and Sheriff Warren Rupf (Collectively "Contra Costa") jointly and respectfully submit this Stipulation and Proposed Order in the above captioned action (the "Action") under Local Rules of Court 7-12. RECITALS WHEREAS, on November 3, 2009, this Court issued an Order Granting Plaintiffs' Motion for Class Certification ("Class Certification Order"), certifying a class of individuals arrested and detained in connection with criminal misdemeanor offenses not involving weapons, drugs, or violence between October 20, 2002 and June 1, 2003; WHEREAS, in the Class Certification Order, this Court scheduled the next case management conference for February 8, 2010, and for the parties to meet and confer and file a joint case management statement on or before February 1, 2010; WHEREAS, pursuant to the Class Certification Order, the parties submitted and this Court signed on November 30, 2009, the Notice of Pendency of Class Action ("Notice"), which provides that any individual not wishing to be considered a member of the class or not wising to be represented by plaintiff in this action must mail a letter to Plaintiffs' counsel postmarked on or before January 31, 2010 ("Opt-Out Deadline") requesting exclusion from the class; WHEREAS, Plaintiffs and Contra Costa have agreed to and are scheduled to engage in -2A/73274730.1/3391619-0000340516 STIPULATION AND [PROPOSED] ORDER TO (1) EXTEND DEADLINE TO GIVE NOTICE; AND (2) CONTINUE THE FEBRUARY 7, 2010 CMC

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mediation before the Honorable Fern Smith (ret.) of JAMS on March 24-25, 2010. WHEREAS, the parties have agreed that it is in the best interests of Plaintiffs and Contra Costa to defer publication of Notice to potential members of the class until after engaging in mediation to allow the parties to reach material terms that will form the basis for submission of a proposed court-approved settlement agreement that resolves all issues, including the threshold issue of the number of individuals who potentially fall within the definition of the class who should receive Notice. STIPULATION Now, therefore, Plaintiffs and Contra Costa Stipulate and respectfully request that the Court enter the Proposed Order that: 1. The case management conference currently scheduled for February 8, 2010 shall be continued until a date after the March 24-25, 2010 mediation has concluded, at a time convenient for the Court (the "CMC Date"). 2. Seven days prior to the CMC Date set by the Court, the parties will submit a joint case management statement notifying the Court either that (i) the Parties have reached a settlement in principal and are requesting a settlement approval schedule, including submission of proposed deadlines for Notice, obtaining the approvals of the Contra Costa's Board of Supervisors, and dates for the preliminary and final approval hearings by the Court; or (ii) the parties have been unable to reach a settlement in principal because of certain unresolved issues and a schedule and proposal for how the parties propose to resolve the remaining issues precluding final settlement, if any. // // // // // // // -3A/73274730.1/3391619-0000340516 STIPULATION AND [PROPOSED] ORDER TO (1) EXTEND DEADLINE TO GIVE NOTICE; AND (2) CONTINUE THE FEBRUARY 7, 2010 CMC

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3. The Opt-Out Deadline shall be extended from January 31, 2010 to a date to be jointly requested by the Parties in their joint case management statement after the March 24-25, 2010 mediation. Dated: January 25, 2010 BINGHAM MCCUTCHEN LLP

By:

/ s / Peter Obstler Peter Obstler Attorneys for Defendants County of Contra Costa, Contra Costa County Sheriff's Department, and Contra Costa County Sheriff Warren Rupf

Dated: January 25, 2010

LAW OFFICE OF MARK E. MERIN

By:

/ s / Mark E. Merin Mark E. Merin Attorneys for Plaintiffs

Dated: January 25, 2010

CASPER, MEADOWS, SCHWARTZ & COOK

By:

/ s / Andrew C. Schwartz Andrew C. Schwartz Attorneys for Plaintiffs

[PROPOSED] ORDER

S DISTRICT TE C TA Good cause appearing, PURSUANT TO THE STIPULATION, IT IS SO ORDERED.

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The case management conference is continued to April 12, 2010 at 1:30 p.m.

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