Stallworth v. County of Santa Clara et al
Filing
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ORDER GRANTING 29 STIPULATION BIFURCATING NINTH CAUSE OF ACTION FOR ADMINISTRATIVE MANDAMUS (F.R.C.P. 42(b)) AND SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 1/11/2013. Further Case Management Conference set for 1/18/2013 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge JEFFREY S. WHITE on 1/3/13. (jjoS, COURT STAFF) (Filed on 1/3/2013)
Case3:11-cv-04841-JSW Document29 Filed12/18/12 Page1 of 3
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LORI E. PEGG, Acting County Counsel (S.B. #129073)
MARY L. MALYSZ, Deputy County Counsel (S.B. #138385)
ARYN PAIGE HARRIS, Deputy County Counsel (S.B. #208590)
OFFICE OF THE COUNTY COUNSEL
70 West Hedding Street, East Wing, Ninth Floor
San Jose, California 95110-1770
Telephone: (408) 299-5900
Facsimile: (408) 292-7240
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Attorneys for Defendants
COUNTY OF SANTA CLARA, ANDREA
BROLLINI, MICHELLE DE LA CALLE, AND
SANTA CLARA COUNTY PERSONNEL
BOARD
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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KATHLEEN STALLWORTH,
No. CV11-04841 JSW
Plaintiff,
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v.
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STIPULATION AND PROPOSED ORDER
BIFURCATING NINTH CAUSE OF
ACTION FOR ADMINISTRATIVE
MANDAMUS (F.R.C.P. 42(b))
AND SETTING CASE MANAGEMENT
CONFERENCE
ANDREA BROLLINI, et al.,
Defendants.
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The parties in the above-captioned matter submit the following Stipulation and Proposed
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Order requesting that, pursuant to Rule 42(b) of the Federal Rules of Civil Procedure, the Court
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bifurcate plaintiff Kathleen Stallworth’s request to review the administrative findings of Defendant
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Santa Clara County Personnel Board, as set forth in Plaintiff’s ninth cause of action.
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Good cause exists for proceeding in this manner. Rule 42(b) provides for separate trials or
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one or more claims “[f]or convenience, to avoid prejudice, or to expedite and economize.” First,
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Plaintiff’s mandamus claim presents an issue for the Court to decide on its own, sitting without a
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jury. (See Cal. Code Civ. Proc., § 1094.5(a).) Additionally, obtaining a prior decision regarding
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administrative mandamus in this action will expedite and economize by streamlining factual issues
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and potentially eliminate claims should principles of collateral estoppel and/or res judicata apply.
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Stip and Proposed Order Bifurcating Ninth
Cause of Action for Administrative Mandamus
CV11-04841 JSW
Case3:11-cv-04841-JSW Document29 Filed12/18/12 Page2 of 3
Accordingly, the parties request the court bifurcate and consider the administrative
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mandamus claim on or before July 15, 2013, which is the date set for the jury trial of the entire
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action.
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Additionally, the parties request that all other dates, except the fact discovery cut-off (April
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8, 2013) be vacated as to the remainder of Plaintiff’s claims, and a further case management
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conference be held to establish the mandamus briefing schedule and setting a new pretrial schedule
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for the jury trial of Plaintiff’s remaining claims.
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I hereby attest that I have on file the holograph signature indicated by a “conformed”
signature (/S/) within this efiled document.
Dated: December 18, 2012
Respectfully submitted,
LORI E. PEGG
Acting County Counsel
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By:
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/S/
MARY L. MALYSZ
Deputy County Counsel
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Attorneys for Defendants
COUNTY OF SANTA CLARA, ANDREA
BROLLINI, MICHELLE DE LA CALLE,
AND SANTA CLARA COUNTY
PERSONNEL BOARD
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Dated: December 18, 2012
By:
/S/
BLAINE L. FIELDS
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Attorney for Plaintiff
KATHLEEN STALLWORTH
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Stip and Proposed Order Bifurcating Ninth
Cause of Action for Administrative Mandamus
CV11-04841 JSW
Case3:11-cv-04841-JSW Document29 Filed12/18/12 Page3 of 3
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ORDER BIFURCATING NINTH CAUSE OF ACTION
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FOR ADMINISTRATIVE MANDAMUS
The Court, having considered the stipulation of the parties and finding good cause, hereby
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bifurcates Plaintiff’s ninth cause of action for administrative mandamus. This trial date of July 15,
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2013 shall apply to this bifurcated claim; all other dates set forth in the Court’s Order of September
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25, 2012 are hereby vacated, except the fact discovery cut off of April 8, 2013. A further case
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management conference will be scheduled to establish the mandamus briefing schedule and setting
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a new pretrial schedule for the jury trial of Plaintiff’s remaining claims.
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Dated: January 3, 2013
JUDGE JEFFREY S. WHITE
United States District Court
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The parties shall appear for a case management conference on January 18, 2013 at 1:30 p.m. to address
the proposed briefing schedule on the mandamus claim.
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The Court reserves the right to continue the trial date if necessary.
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683606
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Stip and Proposed Order Bifurcating Ninth
Cause of Action for Administrative Mandamus
CV11-04841 JSW
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