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)

Case3:10-cv-04095-CRB Document31

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Filed07/13/11 Page1 of 3

Rebecca S. Widen, SBN 219207
HAAPALA, THOMPSON & ABERN, LLP
1939 Harrison Street, Suite 800
Oakland, California 94612
Tel: [phone]
Fax: [phone]

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Attorneys For Defendants
COUNTY OF ALAMEDA, KATHERINE MOORE,
and THOMAS NOLAN

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO

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

Haapala, Thompson & Abern LLP

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AARON FRAYER, individually and as Next )
)
Friend of A.F., a minor,
)
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Plaintiffs,
)
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vs.
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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,
)
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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

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settlement conference scheduled for July 27, 2011, at 9:00 a.m., as well as the case management

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conference scheduled for August 19, 2011, at 8:30 a.m., be vacated and/or continued.

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The reason for the requested continuance is that the parties have not yet completed the

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initial discovery necessary to ensure a meaningful and productive settlement conference.

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Specifically, the parties require additional time to obtain the discoverable documents contained

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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

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in the minor plaintiff’s juvenile case file through the Welfare and Institutions Code section 827

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process, and thereafter take some initial depositions. An 827 petition was served and filed on

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June 15, 2011. The parties have been informed by the Alameda County Juvenile Court that it

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will be approximately four to eight weeks before the juvenile case file can be reviewed in

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camera by the juvenile court judge and made available to the parties for purposes of this

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litigation.
The parties request that they be permitted to file a stipulation after the juvenile case file

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settlement conference and case management conference. Alternatively, the parties request that

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the settlement conference and case management conference be scheduled for dates after October

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

is made available and they have completed initial depositions, in order to propose dates for the

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Haapala, Thompson & Abern LLP

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21, 2011.
This is the parties’ second request for a continuance in this matter. The parties do not

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believe the requested continuance will disrupt the existing case schedule.
IT IS SO STIPULATED.

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Dated: July 13, 2011

LAW OFFICES OF DAVID J. BEAUVAIS

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By:

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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

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By:

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//

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//

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//

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/s/ Rebecca S. Widen
Rebecca S. Widen
Attorneys For Defendants
COUNTY OF ALAMEDA, KATHERINE
MOORE and THOMAS NOLAN

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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

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Dated: July 13, 2011

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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

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By:

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/*/ 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

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and case management conference after receiving the minor’s juvenile case file and completing

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initial discovery, but no later than October 21, 2011.

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Dated: July 15, 2011
S

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ISTRIC
ES D
TC
AT
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H

ER

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R NIA

.
harles R

Judge C

Breyer

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RT

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O OR
IT IS S

LI

UNIT
ED

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NO

Honorable Charles R. Breyer
United States District Judge ERED
D

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A

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

2011 settlement conference and the August 19, 2011 case management conference are

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Haapala, Thompson & Abern LLP

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N

F
D IS T IC T O
R

C

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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