Sandoval et al v. County of Sonoma et al

Filing 161

ORDER Granting 159 Stipulated Request to Reschedule Case Management Conference. The Case Management Conference previously scheduled for 07/21/14 is CONTINUED to 09/08/14 at 1:30 PM. Signed by Judge Thelton E. Henderson on 07/17/14. (tehlc2, COURT STAFF) (Filed on 7/17/2014)

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THOMAS F. BERTRAND, State Bar No. 056560
RICHARD W. OSMAN, State Bar No. 167993
BERTRAND, FOX & ELLIOT
The Waterfront Building
2749 Hyde Street
San Francisco, California 94109
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant Sonoma County
Sheriff Steve Freitas in his personal capacity

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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RAFAEL MATEOS-SANDOVAL and
SIMEON AVENDANO RUIZ, individually
and as class representatives,

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Plaintiffs,

Case No. CV-11-05817 TEH (NC)
JOINT STIPULATION TO RESCHEDULE
CASE MANAGEMENT CONFERENCE;
[PROPOSED] ORDER

v.
COUNTY OF SONOMA, SONOMA
COUNTY SHERIFF’S DEPARTMENT,
STEVE FREITAS, CITY OF SANTA ROSA,
SANTA ROSA POLICE DEPARTMENT,
TOM SCHWEDHELM, and DOES 1 through
20, individually and in their official capacities,

CMC Date: July 21, 2014
CMC Time: 1:30 p.m.
Courtroom: 19

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Defendants.
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______________________________________/
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TO THE HON. THELTON E. HENDERSON, UNITED STATES DISTRICT COURT JUDGE:

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This Joint Stipulation to Reschedule Case Management Conference is submitted by the

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following parties in this action: Plaintiffs Rafael Mateos-Sandoval and Simeon Avendano Ruiz

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(collectively, “Plaintiffs”); Defendant Sonoma County Sheriff Steve Freitas sued in his personal

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capacity only (“Sheriff Freitas”); and Defendants the City of Santa Rosa, Santa Rosa Police

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Department, and Santa Rosa Police Chief Tom Schwedhelm (collectively, “City Defendants”).

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Defendants the County of Sonoma, Sonoma County Sheriff’s Office, and Sonoma County Sheriff
Joint Stipulation to Reschedule Case Management Conference; [Proposed] Order
Mateos-Sandoval, et al. v. County of Sonoma, et al., U.S.D.C. No. cv-11-05817 TEH (NC)
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Steve Freitas sued in his official capacity are not parties to this stipulation, as this action is currently

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stayed as to all claims against them based on their pending appeal. (See e.g., Order entered April 10,

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2013, Dkt. No. 92.)

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The parties to this stipulation request the Court to enter an order continuing the Case

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Management Conference currently scheduled to occur in this matter on July 21, 2014, to September

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8, 2014, at 1:30 p.m. The parties submit that good cause supports their request, as set forth below.

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RECITALS
A.

All discovery issues in this case have been assigned to the Honorable Nathanael

Cousins pursuant to an Order of Reference issued by this Court on May 6, 2014. (Dkt. No. 33.)
B.

At a discovery hearing held on June 25, 2014, Magistrate Cousins addressed

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Plaintiffs’ requests for additional discovery from Defendants. In light of impending deposition dates

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and additional documents the Magistrate intended to order produced, the parties and Magistrate

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Cousins determined that a deposition of the City Defendants should be rescheduled to July 21, 2014.

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The parties and Magistrate Cousins discussed the fact that a Case Management Conference was

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currently scheduled to be held in this Court on that same day, July 21, 2014, at 1:30 p.m. Magistrate

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Cousins expressed his belief that this Court would be willing to reschedule the Case Management

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Conference to accommodate the parties’ discovery process, particularly in light of the fact that the

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Court had referred the discovery issues to Magistrate Cousins for resolution.

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C.

Magistrate Cousins entered orders with respect to several discovery issues discussed

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at the June 25th hearing, and set a follow-up hearing on those issues for August 13, 2014. (See Dkt.

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Nos. 152, 158)

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D.

The parties request this Court to continue the Case Management Conference,

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currently set for July 21, 2014, to a date after the follow-up discovery hearing currently set before

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Magistrate Cousins, and preferably September 8, 2014, at 1:30 p.m.

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Management Conference will allow Plaintiffs to be able to depose the City Defendants’ “Persons

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Most Knowledgeable” on a date after relevant documents have been produced (which Plaintiffs

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anticipate using during the deposition). In addition, the parties believe that rescheduling the Case

Rescheduling the Case

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Joint Stipulation to Reschedule Case Management Conference; [Proposed] Order
Mateos-Sandoval, et al. v. County of Sonoma, et al., U.S.D.C. No. cv-11-05817 TEH (NC)
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Management Conference will allow them to present scheduling and related issues more fully to the

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Court, and would conserve the resources of the parties and the Court.

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WHEREFORE, the parties to this stipulation hereby agree and request entry of an order as
follows:

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STIPULATION
1.

The parties request the Court to enter an order rescheduling the Case Management

Conference, currently set for July 21, 2014, to September 8, 2014, at 1:30 p.m.
2.

Nothing in this Stipulation and request for order is intended to modify the other

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matters addressed in any Court order unless expressly identified herein, nor does it preclude the

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parties from seeking additional relief from this Court, to amend this stipulation and order or

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otherwise.
Respectfully Submitted,

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Dated: July 16, 2014

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Bertrand, Fox & Elliot
By:

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Dated: July 16, 2014

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Caroline L. Fowler, Santa Rosa City Attorney
By:

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Dated: July 16, 2014

/s/ Richard W. Osman
Richard W. Osman
Attorneys for Defendant Sheriff Steve Freitas

/s/ Robert L. Jackson
Robert L. Jackson, Assistant City Attorney
Attorneys for City Defendants

Robert Mann & Donald W. Cook, Attorneys at Law
By:

/s/ Donald W. Cook
Donald W. Cook
Attorneys for Plaintiffs

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Joint Stipulation to Reschedule Case Management Conference; [Proposed] Order
Mateos-Sandoval, et al. v. County of Sonoma, et al., U.S.D.C. No. cv-11-05817 TEH (NC)
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[PROPOSED] ORDER
Pursuant to and in accordance with the foregoing Stipulation, and with good cause appearing,
IT IS HEREBY ORDERED as follows:

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The Case Management Conference, currently set to be held in this case on July 21, 2014,

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shall be rescheduled to September 8, 2014, at 1:30 p.m. The parties shall submit a joint case

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management statement at least one week prior to the Case Management Conference.

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IT IS SO ORDERED.

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Date: _____________
07/17/14

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___________________________
_
HONORABLE THELTON E. HENDERSON
United States District Court Judge

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Joint Stipulation to Reschedule Case Management Conference; [Proposed] Order
Mateos-Sandoval, et al. v. County of Sonoma, et al., U.S.D.C. No. cv-11-05817 TEH (NC)
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