Johnson et al v. Bay Area Rapid Transit District et al
Filing
257
ORDER RESETTING CMC TO 12/14/12 AT 10:30 A.M. Case Management Statement due by 12/7/2012. Further Case Management Conference set for 12/14/2012 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 8/8/12. (bpf, COURT STAFF) (Filed on 8/8/2012)
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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 (415) 981-6630
Facsimile (415) 982-1634
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: dallen@lowball.com
Email: lmeyer@lowball.com
Email: dlarsen@lowball.com
JOHN L. BURRIS, # 69888
ADANTE D. POINTER, # 236229
LAW OFFICES OF JOHN L. BURRIS
7677 Oakport Street, Suite 1120
Oakland, California 94621
Telephone (510) 839-5200
Facsimile: (510) 839-3882
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: john.burris@johnburrislaw.com
Email: adante.pointer@johnburrislaw.com
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ALISON BERRY WILKINSON, # 135890
BERRY WILKINSON LAW GROUP
4040 Civic Center Drive, Suite 200
San Rafael, CA 94903
Telephone (415) 259-6638
Facsimile (866) 578-1333
WILLIAM R. RAPOPORT, # 47086
LAW OFFICES OF WILLIAM R. RAPOPORT
634 Bair Island Road, Suite 400
Redwood City, CA 94063
Telephone (650) 340-7107
Facsimile (650) 572-1857
Attorney for Defendant
MARYSOL DOMENICI
Email: alison@berrywilkinson.com
Attorney for Defendant
ANTHONY PIRONE
Email: williamrapoport@yahoo.com
MICHAEL L. RAINS, # 91013
LARA CULLINANE-SMITH, # 268671
RAINS LUCIA STERN, P.C.
2300 Contra Costa Boulevard
Pleasant Hill, CA 94523
Telephone (925) 609-1699
Facsimile (925) 609-1690
PANOS LAGOS, #61821
LAW OFFICES OF PANOS LAGOS
5032 Woodminster Lane
Oakland, California 94602
Telephone (510) 530-4078
Facsimile (510) 530-4725
Attorneys for Defendant
JOHANNES MEHSERLE
Attorneys for Plaintiff
OSCAR J. GRANT, JR.
Email: Mrains@rlslawyers.com
Email: Lsmith@rlslawyers.com
Email: panoslagos@aol.com
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-1JOINT SUPPLEMENTAL CASE STATUS REPORT AND REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE;
[PROPOSED] ORDER
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Case No. C09-00901 EMC
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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WANDA JOHNSON, et al.,
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Plaintiffs,
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vs.
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BAY AREA RAPID TRANSIT DISTRICT, et al., )
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Defendants.
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AND RELATED ACTIONS.
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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:
August 10, 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
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set forth below, the action is presently stayed pending appeals taken by defendants Mehserle, Pirone
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and Domenici, and those appeals remain unresolved. Accordingly, the parties respectfully request that
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the Court vacate the August 10, 2012 case management conference and schedule a further case
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management conference to take place in approximately 120 days.
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Factual and Procedural Background:
These related cases arise out of an incident that occurred in the early morning hours of January
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1, 2009, at the Fruitvale BART Station in Oakland, California. Defendant BART Police Officers
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Anthony Pirone, Marysol Domenici, Johannes Mehserle, Jon Woffinden and Emery Knudtson
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participated in the detention of decedent Oscar Grant III and plaintiffs Jack Bryson, Jr., Nigel Bryson,
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Carlos Reyes, Michael Greer, Fernando Anicete and JohnTu Caldwell. During the encounter, Officer
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Mehserle shot Grant, who later died from his injuries.
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Plaintiff Wanda Johnson, Grant’s mother, brought suit against BART and its officers
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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
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Case No. C09-00901 EMC
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and through her guardian ad litem, Sophina Mesa, in case no. C09-00901 (the “Johnson matter”).
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Plaintiffs Brysons, Greer, Reyes and Anicete brought suit in case no. C09-04835 (the “Bryson
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matter”). Plaintiff Caldwell brought suit in case no. C10-00005 (the “Caldwell matter”). Plaintiff Oscar
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Grant, Jr., the father of decedent Grant, brought suit in case no. C09-04014 (the “Grant matter”). The
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plaintiffs alleged civil rights claims under 42 U.S.C. § 1983 and, to varying degrees, supplemental state
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claims.
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T.G. settled with all defendants and dismissed her claims in February 2010. The defendants
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filed motions for summary judgment/adjudication in February 2011. On May 20, 2011, the Court
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issued an order granting in part and denying in part defendants’ motions. Defendant Officers Pirone,
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Domenici and Mehserle have appealed the court’s denial of qualified immunity under § 1983 to the
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Ninth Circuit Court of Appeals. Defendant Mehserle’s reply brief was filed on December 30, 2011;
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defendant Domenici’s reply brief was filed on February 15, 2012; and defendant Pirone’s reply brief
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was filed on April 2, 2012. The appeals are thus fully briefed, but the Ninth Circuit has not scheduled
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oral argument or issued decision in any of the appeals.
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In June 2011, plaintiff Johnson settled all of her claims against all defendants. In July 2011,
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plaintiff Caldwell was killed. His mother, Zephoria Smith, has petitioned the Alameda County
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Superior Court for Letters of Administration and has filed a copy of the petition and related orders in
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the present Caldwell matter. The status of plaintiff Caldwell’s claims and representation is unclear at
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this time.
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At the Case Management Conference of September 30, 2011, in the above-captioned actions,
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the Court formally stayed the actions pending the appeals taken by defendants Domenici, Mehserle and
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Pirone (see Doc. No. 237). As those appeals are still unresolved, the parties respectfully request that
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the Court vacate the August 10, 2012 case management conference and schedule a further case
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management conference to take place in approximately 120 days.
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2.
The parties do not anticipate amending the pleadings at this time.
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Amendment of Pleadings:
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Motions:
No motions are pending.
-3JOINT SUPPLEMENTAL CASE STATUS REPORT AND REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE;
[PROPOSED] ORDER
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Case No. C09-00901 EMC
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Discovery:
The parties have completed non-expert discovery and have disclosed experts. Defendants
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propose that the scope of expert discovery be restricted to depositions of the experts already disclosed.
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5.
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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.
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All parties demand a jury trial. The length of the trial will be approximately 20-25 days.
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Defendants request that the expert-discovery and pretrial schedule be discussed at a further
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Case Management Conference following the disposition of defendant Pirone, Domenici and
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Mehserle’s appeals.
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Settlement and ADR:
Decedent Grant’s daughter, T.G., settled with all defendants in February 2011. Plaintiff
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Johnson settled with all defendants in June 2011, at a settlement conference with Magistrate Judge
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Joseph Spero. Settlement conferences with Judge Spero in June 2011 did not resolve the claims of the
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plaintiffs in the Bryson, Grant and Caldwell matters.
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Such other matters as may facilitate the just, speedy and inexpensive disposition of this matter.
None at this time.
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Dated: August 8, 2012.
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LOW, BALL & LYNCH
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By
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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
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-4JOINT SUPPLEMENTAL CASE STATUS REPORT AND REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE;
[PROPOSED] ORDER
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Case No. C09-00901 EMC
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Dated: August 8, 2012.
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RAINS, LUCIA & STERN
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By
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s/ Lara Cullinane-Smith
MICHAEL L. RAINS
LARA CULLINANE-SMITH
Attorneys for Defendant
JOHANNES MEHSERLE
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Dated: August 8, 2012.
BERRY WILKINSON LAW GROUP
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By
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s/ Alison Berry Wilkinson
ALISON BERRY WILKINSON
Attorney for Defendant
MARYSOL DOMENICI
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Dated: August 8, 2012.
LAW OFFICES OF WILLIAM R. RAPOPORT
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By
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s/ William R. Rapoport
WILLIAM R. RAPOPORT
Attorneys for Defendant
ANTHONY PIRONE
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Dated: August 8, 2012.
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LAW OFFICES OF JOHN L. BURRIS
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By
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s/ John L. Burris
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
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Case No. C09-00901 EMC
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Dated: August 8, 2012.
LAW OFFICES OF PANOS LAGOS
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By
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s/ Panos Lagos
PANOS LAGOS
Attorneys for Plaintiff
OSCAR GRANT, JR.
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Dated: August 8, 2012.
LAW OFFICES OF SHIMEA ANDERSON
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By
SHIMEA C. ANDERSON
Attorneys for Plaintiff
JOHNTU CALDWELL
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[PROPOSED] ORDER
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2.
2012, at
IT IS SO ORDERED.
8/8/12
Dated:
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December 14
S DISTRICT
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TA
DERED
SO OR ED
IT IS
DIFI
AS MO
NO
HON. EDWARD M. CHENen
Ch
U.S. DISTRICT JUDGE.
ward M
udge Ed
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RT
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,
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That a further Case Management Conference is scheduled for
10:30
a.m./p.m., in Courtroom 5 of the above-entitled Court.
R NIA
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hereby VACATED;
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That the Case Management Conference currently scheduled for August 10, 2012, is
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1.
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ORDERED:
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Pursuant to the request of the parties herein, and good cause appearing therefor, it is hereby
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ED
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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
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Case No. C09-00901 EMC
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DECLARATION OF DIRK D. LARSEN
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I, DIRK D. LARSEN, declare as follows:
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1.
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I have personal knowledge of the following facts, and could and would testify
competently thereto if called upon to do so.
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I am an attorney at law duly licensed to practice before all courts of the State of
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California and before the U.S. District Court for the Northern District of California, and am employed
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as an associate with the law firm of Low, Ball & Lynch, attorneys of record herein for defendants BAY
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AREA RAPID TRANSIT DISTRICT, GARY GEE, JON WOFFINDEN AND EMERY KNUDTSON.
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3.
Beginning on Wednesday, August 1, 2012, I made multiple attempts to contact Shimea
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C. Anderson, attorney of record herein for plaintiff JOHNTU CALDWELL, via email at the email
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address listed on this Court’s PACER system regarding the above joint status report / request for
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continuance of status conference. On August 6, 2012, I attempted to contact Ms. Anderson by
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telephone at the telephone number listed on this Court’s PACER system as well as at the number listed
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on the California State Bar’s website. I left a voicemail message on the second number, and did so
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again on August 7, 2012. As of approximately 12:00 noon on August 8, 2012, I have received no
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response from Ms. Anderson to my contact attempts. Accordingly, my office is filing the above report
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/ request without Ms. Anderson’s joinder in its contents.
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I swear under penalty of perjury under the laws of the State of California that the foregoing is
true and correct to the best of my personal knowledge.
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Executed this 8th day of August, 2012, in San Francisco, California.
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s/ Dirk D. Larsen
DIRK D. LARSEN
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-7JOINT SUPPLEMENTAL CASE STATUS REPORT AND REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE;
[PROPOSED] ORDER
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Case No. C09-00901 EMC
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