Barnett v. County of Contra Costa et al

Filing 180

ORDER by Judge Thelton E. Henderson re: (179) Defendant Contra Costa County's request for expedited case management conference in Case No. C04-4437 TEH. Parties in both Case No. C04-4437 TEH and Case No. C04-5365 TEH shall meet and confer and file joint case management conference statements by 03/08/10. Case management conferences to be held in both cases on 03/15/10 at 1:30 PM. (tehlc3, COURT STAFF) (Filed on 2/24/2010)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

ROSALETY BARNETT, et al., Plaintiffs, NO. C04-4437 TEH ORDER RE: DEFENDANT CONTRA COSTA COUNTY'S REQUEST FOR EXPEDITED CASE MANAGEMENT CONFERENCE

COUNTY OF CONTRA COSTA, et al., Defendants.

United States District Court

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For the Northern District of California

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ROSALETY BARNETT, Plaintiff, v. CITY OF LAFAYETTE, et al., Defendants. NO. C04-5365 TEH

Defendant Contra Costa County has filed a request for an expedited case management

19 conference ("CMC") to discuss further proceedings in Barnett v. County of Contra Costa, 20 Case No. C04-4437 TEH, in light of the recent en banc decision in Bull v. City & County of 21 San Francisco by the United States Court of Appeals for the Ninth Circuit. It does not 22 appear from the request that Defendant's counsel consulted with counsel for Plaintiffs. 23 Accordingly, IT IS HEREBY ORDERED that the parties in Barnett v. County of

24 Contra Costa shall meet and confer and file a joint case management conference statement 25 on or before March 8, 2010, setting forth a proposal on how to proceed with this case. If the 26 parties cannot agree, then they shall set forth their separate views in the joint statement. The 27 parties shall plan to appear for a CMC before this Court on March 15, 2010, at 1:30 PM, 28 unless otherwise ordered.

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IT IS FURTHER ORDERED that the parties in Barnett v. City of Lafayette, Case

2 No. C04-5365 TEH, shall also meet and confer and file a joint case management conference 3 statement on or before March 8, 2010. Given Plaintiffs' concession that Rosalety Barnett is 4 not a member of the class that has been certified (and that Defendant now contends should be 5 de-certified) in Barnett v. County of Contra Costa, it is unclear to the Court why her case 6 seeking individual damages should continue to trail the class action. These parties shall also 7 plan to appear for a CMC before this Court on March 15, 2010, at 1:30 PM, unless 8 otherwise ordered. 9 The April 12, 2010 case management conference dates in both cases are hereby

10 VACATED.

United States District Court

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For the Northern District of California

12 IT IS SO ORDERED. 13 14 Dated: 02/24/10 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT