McCloskey et al v. Helmick et al

Filing 75

ORDER DENYING DEFENDANTS' REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE. Signed by Judge Maxine M. Chesney on December 8, 2011. (mmclc2, COURT STAFF) (Filed on 12/8/2011)

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KAMALA D. HARRIS
Attorney General of California
JOHN P. DEVINE
Supervising Deputy Attorney General
State Bar No. 170773
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 Coutnier
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 LAILA
McCLOSKEY, D. McCLOSKEY, a Minor,

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Case No.: C05-04641 MMC

DEFENDANTS’ REQUEST FOR
Plaintiffs, CONTINUANCE OF CASE
MANAGEMENT CONFERENCE

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v.
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Date:
Friday, December 9, 2011
Time:
10:30 a.m.
Courtroom: 7 (19th Floor)
Judge
The Honorable Maxine M.
Chesney

SPIKE HELMICK, M. COURTNIER J.
WHITE,

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Defendants.
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Action Filed: November 10, 2005

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The California Attorney General’s Office, which represents Defendants California Highway

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Patrol Officers Courtnier and White in the above-entitled lawsuit, requests a continuance of the

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currently scheduled case management conference.

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On November 18, 2011, Deputy Attorney General Tom Blake retired from the California

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Attorney General's Office. He made various attempts to reach plaintiffs' counsel before his

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retirement. In addition to the current status of the case, Deputy Attorney General Blake intended

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to discuss with plaintiffs' counsel the prospects of informally resolving the lawsuit. These

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attempts to reach plaintiffs’ counsel were unsuccessful.
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Defendants’ Request for Continuance of Case Management Conference (C05-04641 MMC)

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On December 2, 2011, Supervising Deputy Attorney General John P. Devine attempted to

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reach plaintiffs' counsel by telephone to discuss the imminent case management conference, and

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the filing of a joint case management conference statement. Defendants' counsel's efforts were

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unsuccessful.

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On December 7, 2011, Supervising Deputy Attorney General John P. Devine notified this
Court and the clerk about the reassignment of this case to him.
Defendants' counsel intends to file a motion for summary judgment, which intention has

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previously been discussed with this Court and plaintiffs' counsel. Defendants desire to obtain a

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briefing schedule for the motion for summary judgment.

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Given defendants' counsel's recent assignment to this lawsuit, as well as the inability to

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confer with plaintiffs' counsel about the status of the lawsuit and a briefing schedule, defendants

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request a continuance of the further case management conference for two weeks so that a joint

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case management conference statement can be filed to address, in a comprehensive manner, the

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status of the lawsuit and the proposed future course of action.

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Accordingly, Defendants respectfully request a two-week continuance of the currently

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scheduled case management conference. Alternatively, Defendants request that the Court set a

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briefing schedule for Defendants' motion for summary judgment pursuant to Rule 56.

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Dated: December 7, 2011

Respectfully submitted,

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KAMALA D. HARRIS
Attorney General of California

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s/s John P. Devine
JOHN P. DEVINE
Supervising Deputy Attorney General
Attorneys for Defendants California
Highway Patrol Officers Mike Courtnier and
Jon White

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SF2006400718
40494565.doc

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Defendants’ Request for Continuance of Case Management Conference (C05-04641 MMC)