Johnson et al v. Bay Area Rapid Transit District et al

Filing 252

ORDER RESETTING FURTHER CMC (pending appeal) Case Management Statement due by 8/3/2012. Further Case Management Conference set for 8/10/2012 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 4/5/12. (bpf, COURT STAFF) (Filed on 4/5/2012)

1
2
3
4
5
6
7
8
9
10

DALE L. ALLEN, JR., # 145279
LINDA MEYER, # 118190
DIRK D. LARSEN, # 246028
LOW, BALL & LYNCH
505 Montgomery Street, 7th Floor
San Francisco, California 94111-2584
Telephone [phone]
Facsimile [phone]

JOHN L. BURRIS, # 69888
ADANTE D. POINTER, # 236229
LAW OFFICES OF JOHN L. BURRIS
7677 Oakport Street, Suite 1120
Oakland, California 94621
Telephone [phone]
Facsimile: [phone]

Attorneys for Defendants
BAY AREA RAPID TRANSIT DISTRICT,
GARY GEE in his official capacity as CHIEF OF
POLICE for BAY AREA RAPID TRANSIT
DISTRICT, and DOROTHY DUGGER
in her official capacity as GENERAL MANAGER
for BAY AREA RAPID TRANSIT DISTRICT
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

Attorneys for Plaintiffs
WANDA JOHNSON, individually and as personal
representative of the ESTATE of OSCAR J.
GRANT III, the ESTATE OF OSCAR J. GRANT
III, SOPHINA MESA as Guardian ad Litem of
minor, T.G.
Email: [e-mail]
Email: [e-mail]

11
12
13
14
15
16
17
18
19
20

ALISON BERRY WILKINSON, # 135890
BERRY WILKINSON LAW GROUP
4040 Civic Center Drive, Suite 200
San Rafael, CA 94903
Telephone [phone]
Facsimile [phone]

WILLIAM R. RAPOPORT, # 47086
LAW OFFICES OF WILLIAM R. RAPOPORT
634 Bair Island Road, Suite 400
Redwood City, CA 94063
Telephone [phone]
Facsimile [phone]

Attorney for Defendant
MARYSOL DOMENICI
Email: [e-mail]

Attorney for Defendant
ANTHONY PIRONE
Email: [e-mail]

MICHAEL L. RAINS, # 91013
LARA CULLINANE-SMITH, # 268671
RAINS LUCIA STERN, P.C.
2300 Contra Costa Boulevard
Pleasant Hill, CA 94523
Telephone [phone]
Facsimile [phone]

PANOS LAGOS, #61821
LAW OFFICES OF PANOS LAGOS
5032 Woodminster Lane
Oakland, California 94602
Telephone [phone]
Facsimile [phone]

Attorneys for Defendant
JOHANNES MEHSERLE

Attorneys for Plaintiff
OSCAR J. GRANT, JR.

Email: [e-mail]
Email: [e-mail]

Email: [e-mail]

21
22
23
24
25
26
27
28
-1JOINT SUPPLEMENTAL CASE STATUS REPORT AND REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE;
[PROPOSED] ORDER
J:\1752\SF0208\Pleadings\JT CASE STATUS STMT 040612.doc

Case No. C09-00901 MHP

1

UNITED STATES DISTRICT COURT

2

NORTHERN DISTRICT OF CALIFORNIA

3
4
5
6
7
8
9
10
11
12
13
14

WANDA JOHNSON, et al.,

)
)
Plaintiffs,
)
)
vs.
)
)
BAY AREA RAPID TRANSIT DISTRICT, et al., )
)
Defendants.
)
)
)
)
)
)
)
)
)
)
)
AND RELATED ACTIONS.
)
)

15

Case No.: C09-00901 EMC
Related Cases:
C09-04014 EMC (Oscar Grant, Jr.)
C09-04835 EMC (Bryson, et al.)
C10-00005 EMC (Caldwell)
JOINT SUPPLEMENTAL CASE STATUS
REPORT AND REQUEST FOR
CONTINUANCE OF CASE MANAGEMENT
CONFERENCE; [PROPOSED] ORDER
Date:
Time:
Courtroom:
Judge:

April 6, 2012
10:30 a.m.
5, 17th Floor
Hon. Edward M. Chen

The parties to the above-entitled action jointly submit this Joint Supplemental Status Report. As

16

set forth below, the action is presently stayed pending appeals taken by defendants Mehserle, Pirone

17

and Domenici, and those appeals remain unresolved. Accordingly, the parties respectfully request that

18

the Court vacate the April 6, 2012 case management conference and schedule a further case

19

management conference to take place in approximately 120 days.

20

1.

21

Factual and Procedural Background:
These related cases arise out of an incident that occurred in the early morning hours of January

22

1, 2009, at the Fruitvale BART Station in Oakland, California. Defendant BART Police Officers

23

Anthony Pirone, Marysol Domenici, Johannes Mehserle, Jon Woffinden and Emery Knudtson

24

participated in the detention of decedent Oscar Grant III and plaintiffs Jack Bryson, Jr., Nigel Bryson,

25

Carlos Reyes, Michael Greer, Fernando Anicete and JohnTu Caldwell. During the encounter, Officer

26

Mehserle shot Grant, who later died from his injuries.

27

Plaintiff Wanda Johnson, Grant’s mother, brought suit against BART and its officers

28

individually and as the representative of Grant’s estate, along with Grant’s minor daughter, T.G., by
-2JOINT SUPPLEMENTAL CASE STATUS REPORT AND REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE;
[PROPOSED] ORDER
J:\1752\SF0208\Pleadings\JT CASE STATUS STMT 040612.doc

Case No. C09-00901 MHP

1

and through her guardian ad litem, Sophina Mesa, in case no. C09-00901 (the “Johnson matter”).

2

Plaintiffs Brysons, Greer, Reyes and Anicete brought suit in case no. C09-04835 (the “Bryson

3

matter”). Plaintiff Caldwell brought suit in case no. C10-00005 (the “Caldwell matter”). Plaintiff Oscar

4

Grant, Jr., the father of decedent Grant, brought suit in case no. C09-04014 (the “Grant matter”). The

5

plaintiffs alleged civil rights claims under 42 U.S.C. § 1983 and, to varying degrees, supplemental state

6

claims.

7

T.G. settled with all defendants and dismissed her claims in February 2010. The defendants

8

filed motions for summary judgment/adjudication in February 2011. On May 20, 2011, the Court

9

issued an order granting in part and denying in part defendants’ motions. Defendant Officers Pirone,

10

Domenici and Mehserle have appealed the court’s denial of qualified immunity under § 1983 to the

11

Ninth Circuit Court of Appeals. Defendant Mehserle’s reply brief was filed on December 30, 2011;

12

defendant Domenici’s reply brief was filed on February 15, 2012; and defendant Pirone’s reply brief

13

was filed on April 2, 2012. The appeals are thus fully briefed, but the Ninth Circuit has not scheduled

14

oral argument or issued decision in any of the appeals.

15

In June 2011, plaintiff Johnson settled all of her claims against all defendants. In July 2011,

16

plaintiff Caldwell was killed. His mother, Zephoria Smith, has petitioned the Alameda County

17

Superior Court for Letters of Administration and has filed a copy of the petition in the present

18

Caldwell matter. The status of plaintiff Caldwell’s claims and representation is unclear at this time and

19

will not be resolved by April 6, 2012.

20

At the Case Management Conference of September 30, 2011, in the above-captioned actions,

21

the Court formally stayed the actions pending the appeals taken by defendants Domenici, Mehserle and

22

Pirone (see Doc. No. 237). As those appeals are still unresolved, the parties respectfully request that

23

the Court vacate the April 6, 2012 case management conference and schedule a further case

24

management conference to take place in approximately 120 days.

25

2.

26
27
28

Amendment of Pleadings:
The parties do not anticipate amending the pleadings at this time.

3.

Motions:
No motions are pending.
-3JOINT SUPPLEMENTAL CASE STATUS REPORT AND REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE;
[PROPOSED] ORDER

J:\1752\SF0208\Pleadings\JT CASE STATUS STMT 040612.doc

Case No. C09-00901 MHP

1

4.

2

Discovery:
The parties have completed non-expert discovery and have disclosed experts. Defendants

3

propose that the scope of expert discovery be restricted to depositions of the experts already disclosed.

4

5.

5
6

Scheduling and Trial Setting
At the October 19, 2010 Case Status Conference, the court set October 22, 2010 as the trial

date. The court vacated that date at the March 15, 2010 Case Status Conference.

7

All parties demand a jury trial. The length of the trial will be approximately 20-25 days.

8

Defendants request that the expert-discovery and pretrial schedule be discussed at a further

9

Case Management Conference following the disposition of defendant Pirone, Domenici and

10

Mehserle’s appeals.

11

6.

12

Settlement and ADR:
Decedent Grant’s daughter, T.G., settled with all defendants in February 2011. Plaintiff

13

Johnson settled with all defendants in June 2011, at a settlement conference with Magistrate Judge

14

Joseph Spero. Settlement conferences with Judge Spero in June 2011 did not resolve the claims of the

15

plaintiffs in the Bryson, Grant and Caldwell matters.

16

7.

17

Such other matters as may facilitate the just, speedy and inexpensive disposition of this matter.
None at this time.

18
19

Dated: April 4, 2012.

20

LOW, BALL & LYNCH

21
22

By

23
24
25
26
27

s/ Dirk D. Larsen
DALE L. ALLEN, JR.
LINDA MEYER
DIRK D. LARSEN
Attorneys for Defendants
BAY AREA RAPID TRANSIT DISTRICT,
GARY GEE in his official capacity as CHIEF OF
POLICE for BAY AREA RAPID TRANSIT
DISTRICT and DOROTHY DUGGER in her
official capacity as GENERAL MANAGER for
BAY AREA RAPID TRANSIT DISTRICT

28
-4JOINT SUPPLEMENTAL CASE STATUS REPORT AND REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE;
[PROPOSED] ORDER
J:\1752\SF0208\Pleadings\JT CASE STATUS STMT 040612.doc

Case No. C09-00901 MHP

1

Dated: April 4, 2012.

2

RAINS, LUCIA & STERN

3
4

By

5
6

s/ Lara Cullinane-Smith
MICHAEL L. RAINS
LARA CULLINANE-SMITH
Attorneys for Defendant
JOHANNES MEHSERLE

7
8

Dated: April 4, 2012.
BERRY WILKINSON LAW GROUP

9
10
11

By

12
13

s/ Alison Berry Wilkinson
ALISON BERRY WILKINSON
Attorney for Defendant
MARYSOL DOMENICI

14
15

Dated: April 4, 2012..
LAW OFFICES OF WILLIAM R. RAPOPORT

16
17
By

18
19

s/ William R. Rapoport
WILLIAM R. RAPOPORT
Attorneys for Defendant
ANTHONY PIRONE

20
21

Dated: April 4, 2012.

22

LAW OFFICES OF JOHN L. BURRIS

23
24

By

25
26
27
28

s/ Adanté D. Pointer
JOHN L. BURRIS
ADANTÉ D. POINTER
Attorneys for Plaintiffs
WANDA JOHNSON, individually and as personal
representative of the ESTATE of OSCAR J.
GRANT III, the ESTATE OF OSCAR J. GRANT
III, SOPHINA MESA as Guardian ad Litem of
minor, T.G.

-5JOINT SUPPLEMENTAL CASE STATUS REPORT AND REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE;
[PROPOSED] ORDER
J:\1752\SF0208\Pleadings\JT CASE STATUS STMT 040612.doc

Case No. C09-00901 MHP

1
2

Dated: April 4, 2012.
LAW OFFICES OF PANOS LAGOS

3
4
By

5
6

s/ Panos Lagos
PANOS LAGOS
Attorneys for Plaintiff
OSCAR GRANT, JR.

7
8

Dated: April 4, 2012.
LAW OFFICES OF SHIMEA ANDERSON

9
10
11

By

12
13

s/ Shimea C. Anderson
SHIMEA C. ANDERSON
Attorneys for Plaintiff
JOHNTU CALDWELL

14
[PROPOSED] ORDER

15

22

2.
2012, at

IT IS SO ORDERED.

Dated:

4/5/12

.

25
26

,

S DISTRICT
TE
C
TA

RT
U
O

23
24

August 10

That a further Case Management Conference is scheduled for
10:30
a.m./p.m., in Courtroom 5 of the above-entitled Court.

ERED
O ORD D
IT IS S
DIFIE
AS MO

R NIA

21

VACATED;

NO

HON. EDWARD M. CHEN
. Chen
U.S. DISTRICT JUDGE dward M
dge E
Ju

RT

27

ER

H

28
-6-

FO

20

That the Case Management Conference currently scheduled for April 6, 2012, is hereby

LI

19

1.

A

18

ORDERED:

S

17

Pursuant to the request of the parties herein, and good cause appearing therefor, it is hereby

UNIT
ED

16

N

F
D IS T IC T O
R

C

JOINT SUPPLEMENTAL CASE STATUS REPORT AND REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE;
[PROPOSED] ORDER
J:\1752\SF0208\Pleadings\JT CASE STATUS STMT 040612.doc

Case No. C09-00901 MHP