Spalding et al v. City Of Oakland et al

Filing 90

STIPULATION AND ORDER to Continue Case Management Conference and Stay Discovery and Litigation. Case Management Statement due by 5/6/2013. Further Case Management Conference set for 5/13/2013 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 04/01/2013. (tmi, COURT STAFF) (Filed on 4/1/2013)

1 GREGORY J. ROCKWELL, ESQ. (SBN 67305)
[e-mail]
2 BOORNAZIAN, JENSEN & GARTHE
A Professional Corporation/File #26753
3 555 12th Street, Suite 1800
Oakland, CA 94607
4 Telephone: [phone]
Facsimile: [phone]
5
Attorneys for Defendants
6 COUNTY OF ALAMEDA and GREGORY
AHERN
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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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11 DANIEL SPALDING, KATHARINE
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LONCKE, DANIELLE LOPEZ GREEN,
12 ADRIAN DRUMMOND-COLE, individually )
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and on behalf of all others similarly situated,
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Plaintiffs,
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vs.
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CITY OF OAKLAND, COUNTY OF
16 ALAMEDA, ANTHONY BATTS, HOWARD )
JORDAN, JEFF ISRAEL, ERIC BRESHEARS, )
17 EDWARD TRACEY, ANTHONY TORIBIO, )
DAVID DOWNING, ERSIE JOYNER, MIKE )
18 POIRIER, DARRIN ALLISON, GREGORY )
AHERN, individually and in their official
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19 capacities, and DOES 1-250, inclusive,
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Defendants.
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Case No.: C11-02867 TEH
FURTHER STIPULATION TO
CONTINUE CASE MANANGEMENT
CONFERENCE AND STAY DISCOVERY
AND LITIGATION PENDING
FINALIZATION OF TENTATIVE
SETTLEMENT AND PROPOSED
ORDER
Date: April 8, 2013
Time: 1:30 p.m.
Dept.: Courtroom 12, 19th Floor
Judge: Hon. Thelton Henderson

Complaint Filed: June 13, 2011

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The undersigned, the attorneys for the parties herein, hereby stipulate as follows:

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That they have participated in good faith in four all day settlement conferences with

24 Magistrate Judge Laurel Beeler on June 18, July 3, and September 26, 2012 and January 25, 2013,
25 one two hour settlement conference with Judge Beeler on March 22, 2013, as well as several
26 telephone conferences with Judge Beeler;
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That on the afternoon of January 25, 2013, the parties reached a tentative agreement on the
-1FURTHER STIPULATION TO CONTINUE CASE MANANGEMENT CONFERENCE AND STAY DISCOVERY
AND LITIGATION PENDING FINALIZATION OF TENTATIVE SETTLEMENT AND PROPOSED ORDER
Spalding, et al. vs. City of Oakland, et al.; USDC-Nor. Dist. of CA Case No. C11-02867 TEH

1 amount of plaintiffs’ monetary claims;
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That the monetary terms of the agreement have been approved by the Oakland City

3 Council and the Alameda County Board of Supervisors, but the agreement is also contingent upon
4 the parties reaching agreement on the plaintiffs’ injunctive relief claims;
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That, in order to give the parties time to further negotiate settlement, they jointly request

6 that the Court continue the case management conference currently set for April 8, 2013 to May
7 13, 2013 at 1:30 p.m., or such later date as the Court may choose. Magistrate Judge Laurel Beeler
8 has set a further settlement conference for April 4, 2013 at 1:30 p.m.
9 DATED: March 28, 2013
BOORNAZIAN, JENSEN & GARTHE
A Professional Corporation

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By:

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/s/ *UHJRU\ - 5RFNZHOO
GREGORY J. ROCKWELL, ESQ.
Attorneys for Defendants
COUNTY OF ALAMEDA and
GREGORY AHERN

DATED: March 28, 2013
BARBARA J. PARKER, CITY ATTORNEY,
CITY OF OAKLAND

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By:
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/s/ :LOOLDP ( 6LPPRQV
WILLIAM E. SIMMONS, ESQ.
Attorneys for Defendants
CITY OF OAKLAND, et al.

21 DATED: March 28, 2013
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RACHEL LEDERMAN, ATTORNEY AT LAW

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By:

/s/ 5DFKHO /HGHUPDQ
RACHEL LEDERMAN, ESQ.
Attorneys for Plaintiffs

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-2FURTHER STIPULATION TO CONTINUE CASE MANANGEMENT CONFERENCE AND STAY DISCOVERY
AND LITIGATION PENDING FINALIZATION OF TENTATIVE SETTLEMENT AND PROPOSED ORDER
Spalding, et al. vs. City of Oakland, et al.; USDC-Nor. Dist. of CA Case No. C11-02867 TEH

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ORDER
GOOD CAUSE appearing therefor, and the parties having so stipulated, it is herby ordered

3 that the case management conference presently scheduled for April 8, 2013 at 1:30 p.m. is
4 continued to May 13, 2013 at 1:30 p.m. The parties shall file a joint case management conference
5 statement on or before May 6, 2013. It is further ordered that all discovery and other litigation in
6 this matter shall remain stayed until after May 13, 2013.
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_____________________________________
THELTON E. HENDERSON,
JUDGE
UNITED STATES nDISTRICT
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helton E
Judge T COURT
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04/01/2013

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UNIT
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IT IS SO ORDERED.

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-3FURTHER STIPULATION TO CONTINUE CASE MANANGEMENT CONFERENCE AND STAY DISCOVERY
AND LITIGATION PENDING FINALIZATION OF TENTATIVE SETTLEMENT AND PROPOSED ORDER
Spalding, et al. vs. City of Oakland, et al.; USDC-Nor. Dist. of CA Case No. C11-02867 TEH