Pollar et al v. County of Alameda et al

Filing 59

STIPULATION AND ORDER Modifying Scheduling Order Signed by Magistrate Judge Bernard Zimmerman on 1/6/2010. (bzsec, COURT STAFF) (Filed on 1/6/2010)

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Haapala, Thompson & Abern LLP

Rebecca S. Widen, SBN 219207 Andrea A. Najor, SBN 221853 HAAPALA, THOMPSON & ABERN, LLP 1939 Harrison Street, Suite 800 Oakland, California 94612 Tel: [phone] Fax: [phone] Attorneys For Defendants COUNTY OF ALAMEDA, MARCY TAKEUCHI, DALE BILLITER and MICHAEL YEE

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ­ SAN FRANCISCO DANIELLE POLLAR, SHALAWN POLLAR, Guardian Ad Litem for J.A., a minor, Plaintiffs, vs. COUNTY OF ALAMEDA, MARY TAKEUCHI, DALIE BILLITER, MICHAEL YEE, CITY OF HAYWARD, SAM SANDER, MIKE EDWARDS and DOES 1 through 20, inclusive, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: C08-04196 BZ (JL) STIPULATION AND [PROPOSED] ORDER MODIFYING SCHEDULING ORDER

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Attorneys At Law Park Plaza Building 1939 Harrison St., Suite 800 Oakland, California 94612 Telephone: [phone] Facsimile: 510-273-8570

The parties hereto, by and through their undersigned counsel, stipulate and agree as follows: 1. The hearing date for summary judgment motions is currently scheduled for

February 17, 2010 at 10:00 a.m. For the reasons that follow, the parties have agreed to continue this date to March 3, 2010 at 10:00 a.m., and respectfully request that the Court modify the dates set forth in the current scheduling order. 2. Plaintiffs' counsel has out-of-town depositions (Los Angeles) in another matter

on the hearing date currently set for the summary judgment motions, February 17, 2010. The 1
Pollar v. County of Alameda, et al./Case #C08-04196 BZ Stipulation And [Proposed] Order Modifying Scheduling Order

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Haapala, Thompson & Abern LLP

parties realize this was a date actually suggested by the parties. Plaintiffs' counsel apologizes to the Court, however, while he was in the midst of offering this date up in the discussion regarding the last stipulation, his staff was busy setting depositions with two other law firms of various police officers in the case of McCreadie v. Riverside County (Case No. CV 09-02596 VBF), venued in the Central District of California. 3. Additionally, since the last scheduling order was entered, the parties have

secured a settlement conference date of Friday, January 15, 2010 with Magistrate Judge Maria Elena James. This date is four days prior to the due date for plaintiffs' summary judgment oppositions under the current scheduling order. Plaintiffs' counsel has indicated that the potential for settlement is far greater if he is able to avoid the attorneys' fees associated with preparing not one, but two summary judgment oppositions prior to the settlement conference. 4. Counsel for plaintiffs and both sets of defendants have been diligently meeting

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Attorneys At Law Park Plaza Building 1939 Harrison St., Suite 800 Oakland, California 94612 Telephone: [phone] Facsimile: 510-273-8570

and conferring on a single joint statement of undisputed facts for use in connection with both of the amended summary judgment motions to be filed defendants. The joint statement is due this Thursday, January 7, 2010, under the current scheduling order. The meet and confer process is taking longer than anticipated (there are actually two separate claimed "removals" of the child in this action), and the parties believe that having additional time to work together on the joint statement would be helpful in making it as comprehensive and useful as possible. This would allow for greatly reduced separate statements of fact. 5. For these reasons, the parties respectfully request that the Court vacate the

existing summary judgment hearing date and all related briefing deadlines, and modify the current scheduling order as follows: Amended Motions for Summary Judgment and Parties' Joint Statement of Undisputed Facts due: January 14, 2010 Summary judgment oppositions due: February 5, 2010 February 19, 2010 March 3, 2010, at 10:00 a.m.

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Pollar v. County of Alameda, et al./Case #C08-04196 BZ Stipulation And [Proposed] Order Modifying Scheduling Order

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Haapala, Thompson & Abern LLP

The parties request that the existing case management conference date of April 19, 2010 at 4:00 p.m. remain intact, but understand if the court wishes to adjust that date as well. IT IS SO STIPULATED. Dated: January 5, 2010 LAW OFFICES OF ROBERT R. POWELL By: */s/ Robert R. Powell Robert R. Powell Attorneys For Plaintiffs *Mr. Powell provided his verbal consent that this document be electronically filed.

Dated: January 5, 2010

HAAPALA, THOMPSON & ABERN, LLP By: /s/ Rebecca S. Widen Rebecca S. Widen, Attorneys For Defendants COUNTY OF ALAMEDA, MARCY TAKEUCHI, MICHAEL YEE, and DALE BILLITER

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Attorneys At Law Park Plaza Building 1939 Harrison St., Suite 800 Oakland, California 94612 Telephone: [phone] Facsimile: 510-273-8570

CLAPP, MORONEY, BELLAGAMBA, VUCINICH, BEEMAN AND SCHELEY By: */s/ Patrick Co Patrick Co, Attorneys For Defendants CITY OF HAYWARD, SAM SANDER and MIKE EDWARDS *Mr. Co provided his consent that this document be electronically filed. ORDER

Pursuant to stipulation and for good cause shown, it is SO ORDERED.

January 6, 2010

Honorable Bernard Zimmerman United States Magistrate Judge

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Pollar v. County of Alameda, et al./Case #C08-04196 BZ Stipulation And [Proposed] Order Modifying Scheduling Order