Frayer v. County of Alameda et al

Filing 34

ORDER further continuing Settlement Conference and CMC re 33 Stipulation filed by Katherine More, Thomas Nolan, County of Alameda. Signed by Judge Charles R. Breyer on 10/18/2011. (beS, COURT STAFF) (Filed on 10/19/2011)

Case3:10-cv-04095-CRB Document33

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Filed10/17/11 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,
)
)
)
Plaintiffs,
)
)
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,
)
)
Defendants.
)
)

Case No.: C10-4095 CRB (BZ)
STIPULATION AND [PROPOSED]
ORDER FURTHER CONTINUING
SETTLEMENT CONFERENCE AND
CASE MANAGEMENT CONFERENCE

The parties hereto, by and through their undersigned counsel, agree and stipulate as
follows:
1. On July 15, 2011, the Court granted the parties’ stipulated request for a continuance

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of the pending settlement conference and case management conference dates in this matter. The

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continuance was granted in order to allow the parties additional time to obtain copies of

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documents contained in the minor plaintiff’s juvenile case file through the Welfare and

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Frayer v. County of Alameda, et al./Case #C10-4095 CRB (BZ)
Stipulation And [Proposed] Order Further Continuing Settlement Conference And Case Management Conference

Case3:10-cv-04095-CRB Document33

Filed10/17/11 Page2 of 3

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Institutions Code Section 827 process. The Court ordered the parties to file a stipulation

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proposing new dates after receiving the juvenile case file through that process, at the latest by

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October 21, 2011.
2. The Section 827 petition, which has been pending in Alameda County Juvenile Court

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since June 15, 2011, has not yet been ruled on. The parties have been advised by the juvenile

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judge’s law clerk that it will likely be four to eight more weeks before a ruling is made and the

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documents are made available.
3. The minor plaintiff’s juvenile case file contains documents that are essential to the

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parties’ evaluation of the claims in this matter and taking depositions.
4. Accordingly, the parties request a further continuance of the settlement conference

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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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and case management conference dates to allow these documents to be obtained. Specifically,

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the parties request that they be permitted to file a stipulation after the juvenile case file is made

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

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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

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January 16, 2012.
5. This is the parties’ third 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: October 17, 2011

LAW OFFICES OF DAVID J. BEAUVAIS

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By:

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/s/ David J. Beauvais
David J. Beauvais
Attorneys for Plaintiffs
*Mr. Beauvais provided his consent that this
document be electronically filed.

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Frayer v. County of Alameda, et al./Case #C10-4095 CRB (BZ)
Stipulation And [Proposed] Order Further Continuing Settlement Conference And Case Management Conference

Case3:10-cv-04095-CRB Document33

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Dated: October 17, 2011

Filed10/17/11 Page3 of 3

HAAPALA, THOMPSON & ABERN, LLP

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By:
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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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Dated: October 17, 2011

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BARBARA PARKER, 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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ORDER
Pursuant to stipulation and for good cause shown, it is SO ORDERED. The settlement

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conference and case management conference are further CONTINUED. The parties shall file a

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stipulation proposing dates for the settlement conference and case management conference after

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receiving the minor’s juvenile case file and completing initial discovery, but no later than

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January 16, 2012.

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Dated: October 18, 2011

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I

ORD
T IS SO

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harle
Judge C

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A

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yer

s R. Bre

NO

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ERED

R NIA

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Honorable Charles R. Breyer
United States District Judge

FO

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S DISTRICT
TE
C
TA

RT
U
O

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UNIT
ED

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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*/s/ Carolyn O. Tsai
Carolyn O. Tsai
Attorneys for Defendants
CITY OF OAKLAND, JAMES MOORE and
D. MING
*Ms. Tsai provided her consent that this document
be electronically filed.

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 Further Continuing Settlement Conference And Case Management Conference