Sandoval et al v. County of Sonoma et al

Filing 292

STIPULATION AND ORDER Vacating Order Referring the Case to a Settlement Magistrate and Continuing Case Management Conference. Case Management Statement due by 11/30/2015. Further Case Management Conference set for 12/7/2015 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 10/29/2015. (tmi, COURT STAFF) (Filed on 10/29/2015)

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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]
Anne L. Keck, State Bar No. 136315
KECK LAW OFFICES
418 B Street, Suite 206
Santa Rosa, California 95401
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for County Defendants

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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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SUPPLEMENTAL JOINT CASE
MANAGEMENT STATEMENT;
STIPULATED REQUEST FOR ENTRY OF
ORDER (1) VACATING ORDER
REFERRING THE CASE TO A
SETTLEMENT MAGISTRATE, AND (2)
CONTINUING CASE MANAGEMENT
CONFERENCE; [PROPOSED] ORDER

Plaintiffs,

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Case No. CV-11-05817 TEH (NC)

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,

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Defendants.
______________________________________/

Case Management Conference
Date:
November 2, 2015
Time:
1:30 p.m.
Ctroom: 12, 19th Floor

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This Supplemental Joint Case Management Statement and request for entry of an order is

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submitted by all named and remaining parties in this action, including: Plaintiffs Rafael Mateos-

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Sandoval and Simeon Avendano Ruiz (collectively, “Plaintiffs”); Defendants the County of

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Sonoma, Sonoma County Sheriff’s Office, and Sonoma County Sheriff-Coroner Steve Freitas in his

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official capacity (collectively, “County Defendants”); and the City of Santa Rosa and the Santa Rosa

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Supplemental Joint Case
Management Statement, et al.

U.S.D.C. No. cv-11-05817 TEH (NC)

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Police Department (collectively, “City Defendants”). As discussed below, the parties request the

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Court to vacate its previous Order of Reference to a settlement magistrate (Dkt. No. 206) and

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continue the Case Management Conference currently set for November 2, 2015, to December 7,

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2015. The parties believe the information provided herein demonstrates good cause for their

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requests.

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1.

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STATUS UPDATE SINCE THE FILING OF THE SEPTEMBER 2nd CASE
MANAGEMENT STATEMENT

On March 30, May 4, July 27, and September 2, 2015, the parties submitted Joint Case
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Management Statements in preparation for the Case Management Conference that was ultimately
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continued to November 2, 2015. (Dkt. Nos. 245, 261, 280, and 286.) The parties incorporate the
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statements made in those CMC Statements herein, and provide the following status update.
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On July 23, 2015, pursuant to F.R.App.Pro. 5 and F.R.Cv.P. 23(f), Plaintiffs filed a Petition
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with the Ninth Circuit seeking permission to appeal the Court’s July 9, 2015 Order denying class
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certification. The Ninth Circuit denied that Petition last Thursday, October 22, 2015.
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At the present time, the only matter on calendar in this case is the November 2nd Case

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Management Conference. While this Court had previously referred this case to Magistrate Judge
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Ryu for a settlement conference (Dkt. No. 206), that conference was taken off calendar in light of
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the filing of the Petition, to be reset upon the parties submitting proposed dates within 10 days of the
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Ninth Circuit’s decision on the Petition. (Dkt. No. 289.) Pursuant to Magistrate Judge Ryu’s order,
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and based on the recent Ninth Circuit decision, the parties are to file proposed settlement conference
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dates no later than November 1, 2015.
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2.

REQUEST TO VACATE ORDER OF REFERENCE FOR SETTLEMENT
CONFERENCE

Based on recent events, the parties now believe that a settlement conference would not assist

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them in resolving issues in this case. Specifically, Plaintiffs have informed all parties that they

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intend to appeal this Court’s denial of their class certification motion after entry of a final judgment

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in this case, and will not waive such right to appeal in a settlement. In turn, Defendants have

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informed Plaintiffs that no settlement is possible without such waiver of appeal.

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Management Statement, et al.

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In light of the parties’ respective positions, they have already initiated discussions as to how

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to best resolve this case in a way that minimizes this Court’s time and the parties’ resources while

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permitting entry of a final appealable judgment. Among the options the parties’ counsel are

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discussing is stipulating to Plaintiffs’ damages, possible dismissal of unadjudicated liability claims,

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and the like. The parties agree that a settlement conference would not assist them in this process.

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Accordingly, the parties request that the Court’s Order of Reference to Magistrate Judge Ryu for

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purposes of settlement (Dkt. No. 206) be vacated. Alternatively, the parties request that the Order of

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Reference be stayed, pending further developments in this case.

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3.

REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE TO
DECEMBER 7, 2015

In light of the recent Ninth Circuit decision in this case and the parties’ respective positions,
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they would like additional time in which to determine whether they can reach an agreement which
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will allow for the entry of a final judgment without the necessity of a trial or other pre-trial motions
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on unadjudicated claims. Accordingly, the parties request the Court to continue the November 2nd

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Case Management Conference to December 7, 2015, or as soon thereafter as is convenient for the
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Court, to allow them time in which to discuss and consider the issues.
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Respectfully Submitted,
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Dated: October 26, 2015

Keck Law Offices
By:

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Dated: October 26, 2015

Caroline L. Fowler, Santa Rosa City Attorney
By:

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Dated: October 26, 2015

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

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

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/s/ Anne L. Keck
Anne L. Keck
Attorneys for County Defendants

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

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Management Statement, et al.

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[PROPOSED] ORDER
Pursuant to and in accordance with the foregoing stipulated request, and with good cause
appearing,

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IT IS HEREBY ORDERED as follows:

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1.

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The Order of Reference entered on November 4, 2014 (Dkt. No. 206), by which this

case was referred to Magistrate Judge Ryu for a settlement conference, is hereby vacated.
2.

The Case Management Conference currently set for November 2, 2015, is hereby

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continued to December 7, 2015, at 1:30 p.m. The parties shall file an updated joint case

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management statement at least one week prior to the conference.

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IT IS SO ORDERED.

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10/29/2015
Date: _____________

____________________________________
HONORABLE THELTON E. HENDERSON
United States District Court Judge

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Management Statement, et al.

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