Stallworth v. County of Santa Clara et al

Filing 33

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)

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Case3:11-cv-04841-JSW Document29 Filed12/18/12 Page1 of 3 1 2 3 4 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 5 6 7 Attorneys for Defendants COUNTY OF SANTA CLARA, ANDREA BROLLINI, MICHELLE DE LA CALLE, AND SANTA CLARA COUNTY PERSONNEL BOARD 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 KATHLEEN STALLWORTH, No. CV11-04841 JSW Plaintiff, 13 14 v. 15 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. 16 17 18 The parties in the above-captioned matter submit the following Stipulation and Proposed 19 Order requesting that, pursuant to Rule 42(b) of the Federal Rules of Civil Procedure, the Court 20 bifurcate plaintiff Kathleen Stallworth’s request to review the administrative findings of Defendant 21 Santa Clara County Personnel Board, as set forth in Plaintiff’s ninth cause of action. 22 Good cause exists for proceeding in this manner. Rule 42(b) provides for separate trials or 23 one or more claims “[f]or convenience, to avoid prejudice, or to expedite and economize.” First, 24 Plaintiff’s mandamus claim presents an issue for the Court to decide on its own, sitting without a 25 jury. (See Cal. Code Civ. Proc., § 1094.5(a).) Additionally, obtaining a prior decision regarding 26 administrative mandamus in this action will expedite and economize by streamlining factual issues 27 and potentially eliminate claims should principles of collateral estoppel and/or res judicata apply. 28 /// 1 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 1 2 mandamus claim on or before July 15, 2013, which is the date set for the jury trial of the entire 3 action. 4 Additionally, the parties request that all other dates, except the fact discovery cut-off (April 5 8, 2013) be vacated as to the remainder of Plaintiff’s claims, and a further case management 6 conference be held to establish the mandamus briefing schedule and setting a new pretrial schedule 7 for the jury trial of Plaintiff’s remaining claims. 8 9 10 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 11 12 By: 13 /S/ MARY L. MALYSZ Deputy County Counsel 14 Attorneys for Defendants COUNTY OF SANTA CLARA, ANDREA BROLLINI, MICHELLE DE LA CALLE, AND SANTA CLARA COUNTY PERSONNEL BOARD 15 16 17 18 19 Dated: December 18, 2012 By: /S/ BLAINE L. FIELDS 20 Attorney for Plaintiff KATHLEEN STALLWORTH 21 22 23 24 25 26 27 28 2 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 1 ORDER BIFURCATING NINTH CAUSE OF ACTION 2 FOR ADMINISTRATIVE MANDAMUS The Court, having considered the stipulation of the parties and finding good cause, hereby 3 4 bifurcates Plaintiff’s ninth cause of action for administrative mandamus. This trial date of July 15, 5 2013 shall apply to this bifurcated claim; all other dates set forth in the Court’s Order of September 6 25, 2012 are hereby vacated, except the fact discovery cut off of April 8, 2013. A further case 7 management conference will be scheduled to establish the mandamus briefing schedule and setting 8 a new pretrial schedule for the jury trial of Plaintiff’s remaining claims. 9 10 Dated: January 3, 2013 JUDGE JEFFREY S. WHITE United States District Court 11 12 13 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. 14 The Court reserves the right to continue the trial date if necessary. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 683606 3 Stip and Proposed Order Bifurcating Ninth Cause of Action for Administrative Mandamus CV11-04841 JSW

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