Frayer v. County of Alameda et al

Filing 32

ORDER Vacating Settlement Conference and CMC re 31 Stipulation filed by County of Alameda. Signed by Judge Charles R. Breyer on 7/15/2011. (beS, COURT STAFF) (Filed on 7/15/2011)

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Case3:10-cv-04095-CRB Document31 1 2 3 Filed07/13/11 Page1 of 3 Rebecca S. Widen, SBN 219207 HAAPALA, THOMPSON & ABERN, LLP 1939 Harrison Street, Suite 800 Oakland, California 94612 Tel: 510-763-2324 Fax: 510-273-8570 4 5 6 Attorneys For Defendants COUNTY OF ALAMEDA, KATHERINE MOORE, and THOMAS NOLAN 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO 10 Attorneys At Law Park Plaza Building 1939 Harrison St., Suite 800 Oakland, California 94612 Telephone: 510-763-2324 Facsimile: 510-273-8570 Haapala, Thompson & Abern LLP 11 12 13 14 15 16 17 18 19 20 21 22 AARON FRAYER, individually and as Next ) ) Friend of A.F., a minor, ) ) Plaintiffs, ) ) vs. ) ) COUNTY OF ALAMEDA; KATHERINE ) MORE, individually and in her official capacity as social worker for Alameda County ) ) Department of Social Services; THOMAS ) NOLAN, individually and in his official capacity as social worker for Alameda County ) ) Department of Social Services; CITY OF OAKLAND; JAMES MOORE, individually ) and in his official capacity as a police officer ) ) for the City of Oakland; D. MING, ) individually and in his official capacity as sergeant for the City of Oakland; and DOES 1 ) ) through 20, ) ) Defendants. ) Case No.: C10-4095 CRB (BZ) STIPULATION AND [PROPOSED] ORDER VACATING AND/OR CONTINUING SETTLEMENT CONFERENCE AND CASE MANAGEMENT CONFERENCE The parties hereto, by and through their undersigned counsel, jointly request that the 23 settlement conference scheduled for July 27, 2011, at 9:00 a.m., as well as the case management 24 conference scheduled for August 19, 2011, at 8:30 a.m., be vacated and/or continued. 25 The reason for the requested continuance is that the parties have not yet completed the 26 initial discovery necessary to ensure a meaningful and productive settlement conference. 27 Specifically, the parties require additional time to obtain the discoverable documents contained 28 1 Frayer v. County of Alameda, et al./Case #C10-4095 CRB (BZ) Stipulation And [Proposed] Order Vacating and/or Continuing Settlement Conference And Case Management Conference Case3:10-cv-04095-CRB Document31 Filed07/13/11 Page2 of 3 1 in the minor plaintiff’s juvenile case file through the Welfare and Institutions Code section 827 2 process, and thereafter take some initial depositions. An 827 petition was served and filed on 3 June 15, 2011. The parties have been informed by the Alameda County Juvenile Court that it 4 will be approximately four to eight weeks before the juvenile case file can be reviewed in 5 camera by the juvenile court judge and made available to the parties for purposes of this 6 litigation. The parties request that they be permitted to file a stipulation after the juvenile case file 7 settlement conference and case management conference. Alternatively, the parties request that 10 the settlement conference and case management conference be scheduled for dates after October 11 Attorneys At Law Park Plaza Building 1939 Harrison St., Suite 800 Oakland, California 94612 Telephone: 510-763-2324 Facsimile: 510-273-8570 is made available and they have completed initial depositions, in order to propose dates for the 9 Haapala, Thompson & Abern LLP 8 21, 2011. This is the parties’ second request for a continuance in this matter. The parties do not 12 13 believe the requested continuance will disrupt the existing case schedule. IT IS SO STIPULATED. 14 15 Dated: July 13, 2011 LAW OFFICES OF DAVID J. BEAUVAIS 16 By: 17 18 19 20 Dated: July 13, 2011 */s/ David J. Beauvais David J. Beauvais Attorneys For Plaintiffs *Mr. Beauvais provided his verbal consent that this document be electronically filed. HAAPALA, THOMPSON & ABERN, LLP 21 By: 22 23 24 25 // 26 // 27 // 28 /s/ Rebecca S. Widen Rebecca S. Widen Attorneys For Defendants COUNTY OF ALAMEDA, KATHERINE MOORE and THOMAS NOLAN // 2 Frayer v. County of Alameda, et al./Case #C10-4095 CRB (BZ) Stipulation And [Proposed] Order Vacating and/or Continuing Settlement Conference And Case Management Conference Case3:10-cv-04095-CRB Document31 1 Dated: July 13, 2011 2 Filed07/13/11 Page3 of 3 JOHN A. RUSSO, City Attorney RANDOLPH W. HALL, Chief Assistant City Attorney WILLIAM E. SIMMONS, Supervising Trial Attorney CAROLYN O. TSAI, Deputy City Attorney 3 4 By: 5 6 7 8 9 /*/ Carolyn O. Tsai Carolyn O. Tsai Attorneys for Defendants CITY OF OAKLAND, JAMES MOORE and D. MING *Ms. Tsai provided her verbal consent that this document be electronically filed. ORDER Pursuant to stipulation and for good cause shown, it is SO ORDERED. The July 27, VACATED. The parties shall file a stipulation proposing dates for the settlement conference 12 and case management conference after receiving the minor’s juvenile case file and completing 13 initial discovery, but no later than October 21, 2011. 14 Dated: July 15, 2011 S 16 ISTRIC ES D TC AT T H ER 21 R NIA . harles R Judge C Breyer FO RT 20 O OR IT IS S LI UNIT ED 19 NO Honorable Charles R. Breyer United States District Judge ERED D 18 17 A 15 RT U O Attorneys At Law Park Plaza Building 1939 Harrison St., Suite 800 Oakland, California 94612 Telephone: 510-763-2324 Facsimile: 510-273-8570 2011 settlement conference and the August 19, 2011 case management conference are 11 Haapala, Thompson & Abern LLP 10 N F D IS T IC T O R C 22 23 24 25 26 27 28 3 Frayer v. County of Alameda, et al./Case #C10-4095 CRB (BZ) Stipulation And [Proposed] Order Vacating and/or Continuing Settlement Conference And Case Management Conference

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