Molieri et al v. County of Marin et al

Filing 81

ORDER by Magistrate Judge Maria-Elena James granting 80 Stipulation To Continue Settlement Conference (rmm2, COURT STAFF) (Filed on 6/20/2012)

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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

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Plaintiffs,

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vs.

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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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CASE NO. C-10-5430 MMC

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

Defendants.

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STIPULATION
The parties in this, the above-entitled matter, by and through their respective counsel of
record, stipulate and agree to the following in support of their request that the settlement

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STIPULATION TO CONTINUE SETTLEMENT CONFERENCE; (PROPOSED) ORDER ON STIPULATION
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C-10-5430 MMC

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conference now scheduled for June 27, 2012 be continued to October 24, 2012. The following

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is 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 June 27, 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.

On March 2, 2012, the parties filed reciprocal motions for summary judgment and

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partial summary judgment, principally directed to the aforementioned issues.

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4.

The Court issued its Order Denying Plaintiffs' Motion for Partial Summary Judgment;

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Granting in Part and Denying in Part Marin Defendants' Motion for Partial Summary

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Judgment; Granting in Part and Denying in Part San Francisco Defendants' Motion for

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Summary Judgment on April 16, 2012.

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5.

Defendants City and County of San Francisco, R. Cox and J. O'Malley filed a Request

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for Leave to File Motion for Reconsideration re Order on Motion Summary Judgment

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on May 11, 2012 and a Notice of Appeal to the 9th CCA was filed by Defendants City

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and County of San Francisco, R. Cox, J. O'Malley on May 15, 2012.

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6.

On May 22, 2012, the Court Granted in Part and Denied in Part San Francisco
Defendants' Request for Leave to File Motion for Reconsideration and the Court set
forth a briefing schedule. The hearing on the matter is set for July 6, 2012, at 9:00 a.m.

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before Judge Maxine M. Chesney.
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STIPULATION TO CONTINUE SETTLEMENT CONFERENCE; (PROPOSED) ORDER ON STIPULATION
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7.

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The significance of the pending motions is such that the parties do not believe an effort
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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8.

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

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the settlement conference to October 24, 2012, with settlement conference statements

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due seven (7) calendar days in advance, or October 17, 2012.

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Dated: June 18, 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: June 19, 2012

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By: ___/S/RENEE GIACOMINI BREWER __
Renee Giacomini Brewer.
Deputy County Counsel
Attorneys for County of Marin
(*As authorized on June 19, 2012)

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PATRICK K. FAULKNER
County Counsel

Dated: June 19, 2012

DENNIS J. HERRERA
City Attorney
JOANNE HOEPER
Chief Trial Deputy
By: ___/S/MICHAEL GERCHOW_________
Michael Gerchow
Deputy City Attorney
Attorneys for Defendant
City and County of San Francisco
(*As authorized on June 19, 2012)

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STIPULATION TO CONTINUE SETTLEMENT CONFERENCE; (PROPOSED) ORDER ON STIPULATION
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C-10-5430 MMC

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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 October

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24, 2012 at 10:00 a.m. Confidential settlement conference statements to be lodged no later

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than October 17, 2012 in compliance with standing orders of Chief Magistrate Judge Maria

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Elena James for settlement conferences.

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Dated:
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June 20, 2012

_________________________________________
CHIEF UNITED STATES MAGISTRATE JUDGE
MARIA-ELENA JAMES

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STIPULATION TO CONTINUE SETTLEMENT CONFERENCE; (PROPOSED) ORDER ON STIPULATION
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C-10-5430 MMC