McCloskey et al v. Helmick et al

Filing 72

ORDER RE: STIPULATION CONTINUING CASE MANAGEMENT CONFERENCE. Pursuant to stipulation, the August 12, 2011 case management conference is continued to December 9, 2011. Signed by Judge Maxine M. Chesney on 8/5/2011. (mmclc2, COURT STAFF) (Filed on 8/5/2011)

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JOHN L. BURRIS, SBN 69888
ADANTE D. POINTER, SBN 236229
LAW OFFICES OF JOHN L. BURRIS
7677 Oakport Street, Suite 1120
Oakland, California 94621
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiffs Sean Francis McCloskey,
Laiala McCloskey and D.M
KAMALA D. HARRIS
Attorney General of California
TOM BLAKE
Deputy Attorney General
State Bar No. 51885
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants California Highway Patrol
Officers Mike Courtnier and Jon White

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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SEAN FRANCIS McCLOSKEY, ET AL.
Plaintiffs,
v.
M. E. COURTNIER, J. WHITE, ET AL.
Defendants.

05-04641 MMC
STIPULATION AND [PROPOSED]
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE
CMC Date:
Time:
Courtroom:

August 12, 2011
10:30 a.m.
7, 19th Floor

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IT IS HEREBY STIPULATED by and between the parties to this action, by and through

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their respective counsel of record, and pursuant to all applicable statutes and rules, including but

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not limited to Federal Rules of Civil Procedure 16, 26, and 40, as follows:

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Stipulation and [Proposed] Order Continuing Case Management Conference

(05-04641 MMC)

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Plaintiffs’ causes of action arise out of a traffic stop wherein plaintiffs allege that two CHP

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officers, defendants Courtnier and White (hereinafter collectively “defendants”), violated their

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federal and state civil rights by unlawfully using an excessive amount of force against them.

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The parties have participated in two settlement conferences before Magistrate Judge
Larson. A third settlement conference is scheduled for November 20, 2010.

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This matter had been continued in anticipation of the filing of a defendants' summary

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judgment motion predicated on a recent Ninth Circuit decision that analyzes extensively the

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amount of force used in traffic stops. The defendants believed (and do believe) that that case is

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factually and legally on point. Pursuant to an earlier stipulation of the parties, the matter was

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continued to allow defendants to bring a dispositive motion based on the then-new Ninth Circuit

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opinion.

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As defendants were about to file the summary judgment motion, the Ninth Circuit Court of

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Appeals announced in Brooks v. City of Seattle, 599 F.3d 1022, 2010 WL 3896202 (9th

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Cir. 2010) (NO. 08-35526) that the Circuit Court was granting a rehearing en banc, a possibility

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that this Court had explored briefly with counsel at the status conference. The grant of rehearing,

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although thought unlikely by many observers, means that the three-judge opinion cannot now be

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cited as precedent by or to any court of the Ninth Circuit.

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Defendants believe that the en banc opinion may be dispositive; both sides believe that the

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en banc decision will provide important guidance to the parties as they contemplate settlement

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and to the Court if the matter proceeds to summary judgment or trial.

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In light of the foregoing, both sides respectfully request that the Case Management

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Conference currently set for August 12, 2011 be continued for approximately 120 days to allow

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the Ninth Circuit to issue its en banc ruling in Brooks and allow the parties to continue their

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informal settlement discussions.

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///

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Stipulation and [Proposed] Order Continuing Case Management Conference

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LAW OFFICES OF JOHN L. BURRIS
August 5, 2011

By:
/s/ Adante Pointer
ADANTE D. POINTER
Attorneys for Plaintiffs Sean Francis
McCloskey, Laiala McCloskey and D.M.

August 5, 2011

Kamala D. Harris,
Attorney General of the State of California

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By:
/s/ Tom Blake
TOM BLAKE
Attorneys for Defendants California Highway
Patrol Officers Mike Courtnier and Jon White

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Stipulation and [Proposed] Order Continuing Case Management Conference

(05-04641 MMC)

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[Proposed] ORDER
Good cause appearing, it is hereby ordered that the Case Management Conference currently
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set for August 12, 2011 is continued to December ______ , 2011 at 10:30 a.m. in Courtroom 7,
19th Floor, for Further Status Conference.
IT IS SO ORDERED.
Dated:

August 5, 2011
MAXINE M. CHESNEY
United States District Judge

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Stipulation and [Proposed] Order Continuing Case Management Conference

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