Molieri et al v. County of Marin et al

Filing 66

ORDER by Magistrate Judge Maria-Elena James granting 65 Stipulation (bzsec, COURT STAFF) (Filed on 4/9/2012)

Case3:10-cv-05430-MMC Document65 Filed04/06/12 Page1 of 4

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JOHN L. BURRIS, ESQ. CSB#69888
LAW OFFICES OF JOHN L. BURRIS
Airport Corporate Centre
7677 Oakport Street, Suite 1120
Oakland, CA 94621-1939
Tel: [phone]
Fax: [phone]
E/M: [e-mail]
Attorneys for Danilo Martin Molieri
And Daniel Steven Molieri, Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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(SAN FRANCISCO)

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DANIEL MARTIN MOLIERI and,
DANIEL STEVEN MOLIERI,

Complaint Filed: 12/1/2010
Plaintiffs,

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CASE NO. C-10-5430 MMC

vs

STIPULATION TO CONTINUE SETTLEMENT
CONFERENCE; (PROPOSED) ORDER ON
STIPULATION

COUNTY OF MARIN; Marin
County Sheriff’s Sergeant
J. SCARDINA; Sheriff’s Deputy
ERIC RICHARDSON; Sheriff’s
Deputy BONDANZA; CITY AND
COUNTY OF SAN FRANCISCO;
San Francisco Police Sergeant
R. COX; San Francisco Police
Sergeant J. O’MALLEY; and
DOES 1 through 25, inclusive,

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Defendants.
-----------------------------------------------------/
STIPULATION
The parties in this, the above-entitled matter, by and through their respective counsel of

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record, stipulate and agree to the following in support of their request that the settlement
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STIPULATION/ORDER [CONTINUANCE OF SETTLEMENT CONFERENCE]

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Case3:10-cv-05430-MMC Document65 Filed04/06/12 Page2 of 4

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conference now scheduled for April 10, 2012 be continued to June 27, 2012. The following is

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proffered as good cause for the requested continuance:

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1.

The complaint in this matter was filed on December 1, 2010. Subsequent to its filing,

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counsel cooperatively and diligently developed this case for resolution, disposition or
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trial through discovery.

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2.

This case centers around police practices and, with significance to this request for a

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continuance of the settlement conference in this matter scheduled for April 10, 2012,

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plaintiffs’ 4th amendment claims arising from the entry into plaintiffs’ residence on

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December 8, 2012, and their detention and arrest on that occasion by law enforcement

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personnel of the County of Marin and the City and County of San Francisco.

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3.

The parties have filed reciprocal motions for summary judgment and partial summary

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judgment, principally directed to the aforementioned issues. The court has taken those

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motions under submission, having vacated the hearing scheduled for April 6, 2012.

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4.

The significance of the pending motions is such that the parties do not believe an effort

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to resolve this case without determination of the pending motions will be fruitful. The

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motions address the “discrete issues” that will most likely impact settlement, a subject

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expected to be addressed in settlement conference statements pursuant to the standing

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orders.

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5.

Given the foregoing factual representations, the parties request that the court continue

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the settlement conference to June 27, 2012, with settlement conference statements due

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seven (7) calendar days in advance, or June 20, 2012. Should that date be inconvenient

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to the court, the parties are available on June 25 and 26. The parties are not available on

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June 22, 2012.

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STIPULATION/ORDER [CONTINUANCE OF SETTLEMENT CONFERENCE]

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Case3:10-cv-05430-MMC Document65 Filed04/06/12 Page3 of 4

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Dated: April 6, 2012

LAW OFFICES OF JOHN L. BURRIS

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By: ___/S/JOHN L. BURRIS______________
John L. Burris, Esq.
Attorneys for Plaintiffs
Danilo Martin Molieri and
Daniel Steven Molieri

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Dated: April 6, 2012

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PATRICK K. FAULKNER
County Counsel

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By: ___/S/RENEE GIACOMINI BREWER __
Renee Giacomini Brewer.
Deputy County Counsel
Attorneys for County of Marin

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Dated: April 6, 2012

DENNIS J. HERRERA
City Attorney
JOANNE HOEPER
Chief Trial Deputy

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By: ___/S/MICHAEL GERCHOW_________
Michael Gerchow
Deputy City Attorney
Attorneys for Defendant
City and County of San Francisco

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ORDER

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The court, having considered the parties’ stipulation and good cause appearing,
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IT IS ORDERED that the settlement conference in this matter is continued to June 27,
2012 at 10:00 a.m. Confidential settlement conference statements to be lodged no later than

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STIPULATION/ORDER [CONTINUANCE OF SETTLEMENT CONFERENCE]

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Case3:10-cv-05430-MMC Document65 Filed04/06/12 Page4 of 4

June 20, 2012 in compliance with standing orders of Chief Magistrate Judge Maria Elena

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James for settlement conferences.

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_________________________________________
IT IS S
CHIEF UNITED STATES MAGISTRATE JUDGE

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Dated: April 9, 2012

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STIPULATION/ORDER [CONTINUANCE OF SETTLEMENT CONFERENCE]

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