Buckholtz v. Santa Clara County et al

Filing 71

ORDER Further Case Management Conference set for 2/3/2012 03:00 PM. (tfS, COURT STAFF) (Filed on 10/31/2011)

Case3:09-cv-06037-SI Document69

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Filed10/28/11 Page1 of 3

MIGUEL MÁRQUEZ, County Counsel (S.B. #184621)
MARK F. BERNAL, Deputy County Counsel (S.B. #173923)
OFFICE OF THE COUNTY COUNSEL
70 West Hedding, East Wing, 9th Floor
San Jose, California 95110-1770
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
COUNTY OF SANTA CLARA (ALSO
SUED ERRONEOUSLY HEREIN AS
“SANTA CLARA COUNTY
DEPARTMENT OF SOCIAL
SERVICES” AND “DEPARTMENT OF
FAMILIES AND CHILDREN SERVICES
AGENCY”), SUSAN WARE, KAREN
HEGGIE, DONALD GAGE, LIZ KNISS,
MICHAEL ROSSI, FRAN ALLEN,
JONATHAN WEINBERG, WILL
LIGHTBOURNE, KATHLEEN MILES,
IZI CHAN, PATRICIA GEISICK, KEN
BORELLI, AND JEAN PLATNER

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
(San Francisco)

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MEAGAN BUCKHOLTZ, Personally,

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Plaintiff,

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v.

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SANTA CLARA COUNTY, et al.

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Defendants.

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No. C09-06037 SI

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SUPPLEMENTAL CASE MANAGEMENT
STATEMENT AND [PROPOSED] ORDER
CONTINUING CASE MANAGEMENT
CONFERENCE
Date:
Time:
Dept.:
Judge:

November 4, 2011
3:00 p.m.
Crtrm 10, 19th Floor
Judge Susan Illston

Pursuant to Civil L.R. 16-10(d), the Parties in the above-entitled action certify that they

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did meet and confer prior to the subsequent case management conference scheduled in this case.

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The Parties jointly submit this Supplemental Case Management Statement and Proposed Order

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Continuing Case Management Conference and request the Court to adopt it as a

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Supplemental Case Management Order in this case.

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//

M IG U E L M Á R Q U E Z
C o u n ty C o u n s e l
C o u n ty o f S a n ta C la r a
S a n Jo se , C a lifo rn ia

Supplemental Case Management
Statement and [Proposed] Order

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C09-06037 SI

Case3:09-cv-06037-SI Document69

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Filed10/28/11 Page2 of 3

DESCRIPTION OF SUBSEQUENT CASE DEVELOPMENTS

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The following progress or changes have occurred since the last case management

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statement filed by the parties, and necessitate a further continuance of the currently scheduled

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conference:

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1.

This Court continued the prior Case Management Conferences because there were

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delays in the Santa Clara County Superior Court’s release of Plaintiff’s Child Dependency

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records pursuant to multiple Welfare & Institutions Code §827 petitions. Once those records

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were produced, the Court continued the case management conference to allow the parties time

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to review those voluminous records, depose Plaintiff, and complete summary judgment briefing.

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2.

Pro Se Plaintiff’s school and work schedules limited her availability for deposition.

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On October 3, 2011, the County noticed Plaintiff’s deposition for October 28, 2011. On

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October 25, 2011, Plaintiff informed the County that she retained an attorney to represent her

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for purposes of the deposition only who was not available on October 28, 2011. As a result of

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further meet and confer efforts and accommodations to the new attorney’s trial schedule, the

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County agreed to re-notice the deposition for November 22, 2011. This will delay summary

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judgment efforts and realistically places the completion of briefing into early 2012.

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3.

The Parties respectfully request that the Subsequent Case Management Conference

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be continued approximately 90 days to allow the parties to complete Plaintiff’s deposition and

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brief the summary judgment motion. It is anticipated that the briefing can be completed within

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that time period.

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The Parties respectfully request the Court to make the following Supplemental Case

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Management Order:

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M IG U E L M Á R Q U E Z
C o u n ty C o u n s e l
C o u n ty o f S a n ta C la r a
S a n Jo se , C a lifo rn ia

Supplemental Case Management
Statement and [Proposed] Order

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C09-06037 SI

Case3:09-cv-06037-SI Document69

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Filed10/28/11 Page3 of 3

The subsequent case management conference scheduled for 3:00 pm on November 4,
2011, in Courtroom 10 be continued to 3:00 pm on February 3, 2012, in Courtroom 10.
I hereby attest that I have on file the holograph signature indicated by a “conformed”

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signature (/S/) within this e-filed document.

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Dated: October 28, 2011

Respectfully submitted,

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MIGUEL MÁRQUEZ
County Counsel

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By:

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/S/
MARK F. BERNAL
Deputy County Counsel
Attorneys for Defendant
COUNTY OF SANTA CLARA (ALSO
SUED ERRONEOUSLY HEREIN AS
“SANTA CLARA COUNTY
DEPARTMENT OF SOCIAL SERVICES”
AND “DEPARTMENT OF FAMILIES
AND CHILDREN SERVICES
AGENCY”), SUSAN WARE, KAREN
HEGGIE, DONALD GAGE, LIZ KNISS,
MICHAEL ROSSI, FRAN ALLEN,
JONATHAN WEINBERG, WILL
LIGHTBOURNE, KATHLEEN MILES,
IZI CHAN, PATRICIA GEISICK, KEN
BORELLI, AND JEAN PLATNER

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By:

Dated: October 28, 2011

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/S/
MEAGAN BUCKHOLTZ
Pro Se Plaintiff

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[PROPOSED] ORDER

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The subsequent case management conference scheduled for 3:00 pm on November 4,

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2011, in Courtroom 10 is continued to 3:00 pm on February 3, 2012, in Courtroom 10.

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IT IS SO ORDERED.

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10/31/11
Dated: __________________

____________________________
Honorable Susan Illston
United States District Court Judge

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M IG U E L M Á R Q U E Z
C o u n ty C o u n s e l
C o u n ty o f S a n ta C la r a
S a n Jo se , C a lifo rn ia

Supplemental Case Management
Statement and [Proposed] Order

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C09-06037 SI