Spalding et al v. City Of Oakland et al

Filing 94

STIPULATION AND ORDER TO VACATE CASE MANAGEMENT CONFERENCE, SET HEARING DATE ON MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND FURTHER STAY DISCOVERY AND LITIGATION PENDING HEARING ON MOTION Motion Hearing set for 7/1/2013 10:00 AM in Courtroom 2, 17th Floor, San Francisco before Hon. Thelton E. Henderson. Signed by Judge Thelton E. Henderson on 05/13/2013. (tmi, COURT STAFF) (Filed on 5/14/2013)

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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8

IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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11 DANIEL SPALDING, KATHARINE
)
LONCKE, DANIELLE LOPEZ GREEN,
)
12 ADRIAN DRUMMOND-COLE, individually )
and on behalf of all others similarly situated,
)
13
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Plaintiffs,
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vs.
)
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CITY OF OAKLAND, COUNTY OF
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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,
)
)
20
Defendants.
)
)
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Case No.: C11-02867 TEH
STIPULATION AND ORDER TO
VACATE CASE MANAGEMENT
CONFERENCE, SET HEARING DATE
ON MOTION FOR PRELIMINARY
APPROVAL OF CLASS ACTION
SETTLEMENT AND FURTHER STAY
DISCOVERY AND LITIGATION
PENDING HEARING ON MOTION
Date: May 13, 2013
Time: 1:30 p.m.
Dept.: Courtroom 12, 19th Floor
Judge: Hon. Thelton Henderson
IT IS SO ORDERED AS MODIFIED
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 two two hour settlement conferences with Judge Beeler on March 22 and April 4, 2013, as well as
26 several telephone conferences with Judge Beeler, and they are currently set for a further phone
27 conference with Judge Beeler on May 28, 2013.
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-1STIPULATION AND ORDER TO VACATE CASE MANAGEMENT CONFERENCE, SET HEARING DATE ON
MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND FURTHER DISCOVERY STAY

Spalding, et al. vs. City of Oakland, et al.; USDC-Nor. Dist. of CA Case No. C11-02867 TEH

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That on the afternoon of January 25, 2013, the parties reached a tentative agreement on the

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

4 Council and the Alameda County Board of Supervisors, but the agreement is also contingent upon
5 the parties reaching agreement on the plaintiffs’ injunctive relief claims;
6

That the parties have made substantial progress in their efforts to reach a compromise

7 agreement on plaintiffs’ request for injunctive relief, and they believe that the case management
8 conference currently set for May 13, 2013 at 1:30 p.m. will be unnecessary;
9

That the parties jointly request that the Court vacate the case management conference set

10 May 13, 2013 at 1:30 p.m., and set a hearing date on a joint motion for preliminary approval of
11 the class action settlement on June 10, 2013 at 1:30 p.m., with said motion to be filed and served
12 on or before May 22, 2013.
13 DATED: May 8, 2013
BOORNAZIAN, JENSEN & GARTHE
A Professional Corporation

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15

By:

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17
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19 DATED: May 8, 2013
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/s/ Gregory J. Rockwell
GREGORY J. ROCKWELL, ESQ.
Attorneys for Defendants
COUNTY OF ALAMEDA and
GREGORY AHERN

BARBARA J. PARKER, CITY ATTORNEY,
CITY OF OAKLAND

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By:
22
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/s/ William E. Simmons
WILLIAM E. SIMMONS, ESQ.
Attorneys for Defendants
CITY OF OAKLAND, et al.

24 DATED: May 8, 2013
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26

RACHEL LEDERMAN, ATTORNEY AT LAW
By:

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/s/ Rachel Lederman
RACHEL LEDERMAN, ESQ.
Attorneys for Plaintiffs

-2STIPULATION AND ORDER TO VACATE CASE MANAGEMENT CONFERENCE, SET HEARING DATE ON
MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND FURTHER DISCOVERY STAY

Spalding, et al. vs. City of Oakland, et al.; USDC-Nor. Dist. of CA Case No. C11-02867 TEH

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2

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

3 ordered that the hearing on a motion for preliminary approval of the class action settlement is set
4 for July 1, 2013, at 10:00 AM. The motion for preliminary approval of the settlement shall be
5 filed and served on or before May 22, 2013. It is further ordered that all discovery and other
6 litigation in this matter shall remain stayed until after July 1, 2013.

UNIT
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Dated: 05/13/2013
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IT IS S
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THELTONMODI
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UNITED STATES DISTRICT
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IT IS SO ORDERED.

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-3STIPULATION AND ORDER TO VACATE CASE MANAGEMENT CONFERENCE, SET HEARING DATE ON
MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND FURTHER DISCOVERY STAY

Spalding, et al. vs. City of Oakland, et al.; USDC-Nor. Dist. of CA Case No. C11-02867 TEH