Taylor et al v. City of Oakland et al

Filing 88

STIPULATION AND ORDER CONTINUING PRETRIAL AND TRIAL DATES: Jury Trial reset for 6/30/2009 08:30 AM; Pretrial Conference set for 6/17/2009 02:30 PM; Signed by Judge Marilyn Hall Patel on 1/16/2009. (awb, COURT-STAFF) (Filed on 1/20/2009)

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JOHN L. BURRIS, Esq./ State Bar #69888 BENJAMIN NISENBAUM, Esq./State Bar #222173 LAW OFFICES OF JOHN L. BURRIS Airport Corporate Centre 7677 Oakport Street, Suite 1120 Oakland, California 94621 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs MICHAEL J. HADDAD (State Bar No. 189114) JULIA SHERWIN (State Bar No. 189268) HADDAD & SHERWIN 505 Seventeenth Street Oakland, California 94612 Telephone: [phone] Fax: [phone] Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JAMES TAYLOR, et. al., vs. Plaintiffs, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Related Case No. C-04-4843 MHP Hon. Marilyn Hall Patel STIPULATION AND (PROPOSED) ORDER TO CONTINUE TRIAL, PRETRIAL CONFERENCE, AND RELATED DATES Current Trial Date: March 3, 2009

CITY OF OAKLAND, et. al., Defendants, AND ALL RELATED CASES JIMMY RIDER, vs. (Case No. C-05-3204 MHP)

Plaintiff,

CITY OF OAKLAND, et. al., Defendants,_____________________ DARNELL FOSTER AND CLASS MEMBERS, et. al., Plaintiffs, vs. CITY OF OAKLAND, et al., Defendants, (Case No. 3:05-cv-3110 MHP) JOINT CAPTION CONTINUED ON NEXT PAGE

NO. C-04-4843 MHP (JL) STIPULATION AND (PROPOSED) ORDER TO CONTINUE TRIAL, PRETRIAL CONFERENCE, AND RELATED DATES

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__________________________________________ TYRONE MOORE, et al., Plaintiffs, vs. CITY OF OAKLAND, et. al. Defendants, (Case No. C-06-2426 MHP) JEFFRIE MILLER, et. al., Plaintiffs, vs. CITY OF OAKLAND, et al., Defendants. (Case No. C-07-1773 MHP) WARD, et. al., Plaintiffs, vs. CITY OF OAKLAND, et al., Defendants. (Case No. C-07-4179 MHP) SMITH, et. al., Plaintiffs, vs. CITY OF OAKLAND, et al., Defendants. (Case No. C-07-6298 MHP)

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2

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TURNER, et. al., Plaintiffs, vs. CITY OF OAKLAND, et al., Defendants. (Case No. C-08-3114 MHP)

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All parties to these related cases, by and through their respective counsel of record, hereby stipulate and jointly request this Court to continue the current trial date (March 3, 2009), Pretrial Conference date (February 19, 2009), and related deadlines, for the following reasons: The claims of eight Plaintiffs (Rix, Engram, Holmes, Bradshaw, Lucas, Taylor, Foster, and Young) are currently scheduled for trial on March 3, 2009. All parties have been focusing discovery efforts on these claims, however, numerous issues have delayed the completion of depositions necessary for the trial of these claims. Defendant Officer Festag, who allegedly strip searched Plaintiff Foster, has a broken jaw, his jaw has been wired shut, and he is out on medical disability leave. Plaintiffs' counsel has currently lost contact with Plaintiff Rix. Lieutenant J. Denson, who performed the Internal Affairs investigation of Plaintiff Young's sustained strip search complaint has retired and the City has not been able to produce him for deposition yet. Additionally, scheduling problems have resulted in the parties' inability to complete the depositions of several other officers and witnesses to these incidents. Although a significant number of depositions have been completed, the parties simply are not ready for expert disclosures in January, and will not be able to adequately prepare the substantial trial documents due by February 9, 2009. Further, counsel for all parties met with Judge Larson on January 12, 2009, and have scheduled three settlement conferences with Judge Larson to attempt to globally resolve all
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damages, injunctive relief, and related claims in all of the 40 related cases. Currently settlement conference dates are set for February 3, 4, and 11, 2009. The parties request time from this court to attempt to settle these matters without substantially increasing costs and attorneys' fees by preparing for an imminent March 3rd trial date. Finally, Plaintiffs' counsel, Michael Haddad and Julia Sherwin were scheduled to start trial in another civil rights case pending in the Eastern District before the Hon. John A. Mendez (Beecham v. City of West Sacramento, No. 07-1115 JAM) on January 12, 2009, however that trial was continued on January 8 due to a medical crises in the defense counsel's family. Since that case is trial ready, Judge Mendez is holding March 23, 2009 for trial of the Beecham case in the event this Court continues the March 3, 2009 trial date in the present cases. Counsel for all parties in the present cases will make themselves available for a telephonic conference with this Court if this Court desires more information or wishes to discuss this matter. For these reasons, all parties respectfully request that this court vacate the pending March 3, 2009, trial date, the pending February 19, 2009, final pretrial date, the related discovery and pretrial deadlines, and reschedule those dates as follows: Close of non-expert discovery for first eight cases going to trial: Expert Disclosure: Close of expert discovery: Final Pretrial Conference: Trial: April 17, 2009 May 1, 2009 May 22, 2009 early-June, 2009 mid-June to early-July (preferably before July 6, 2009)

NO. C-04-4843 MHP (JL) STIPULATION AND (PROPOSED) ORDER TO CONTINUE TRIAL, PRETRIAL CONFERENCE, AND RELATED DATES

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DATED: January 15, 2009

Respectfully submitted, OFFICE OF THE CITY ATTORNEY By: /s/ Arlene Rosen_________________ Attorneys for Defendants City of Oakland, et al.

DATED: January 15, 2009

LAW OFFICES OF JOHN L. BURRIS By: /s/ Ben Nisenbaum___________ Attorneys for Plaintiffs

DATED: January 15, 2009

HADDAD & SHERWIN By:/s/ Michael J. Haddad__________ Attorneys for Plaintiffs

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ORDER For these reasons stipulated by the parties, IT IS HEREBY ORDERED that the pending March 3, 2009, trial date, the pending February 19, 2009, final pretrial date, and related discovery and pretrial deadlines for the first eight cases to be tried in these related cases are VACATED. Pretrial and Trial dates are rescheduled as follows: Close of non-expert discovery for first eight cases going to trial: Expert Disclosure: Close of expert discovery: Final Pretrial Conference: Trial: April 17, 2009 May 1, 2009 May 22, 2009 June 17, 2009 at 2:30 _________________ pm June 30, 2009 at 8:30 _________________ am

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HON. MARILYN HALL PATEL UNITED STATES DISTRICT JUDGE

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