Sandoval et al v. County of Sonoma et al

Filing 80

STIPULATION AND ORDER Continuing Case Management Conference. Further Case Management Conference set for 4/1/2013 10:00 AM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 03/04/2013. (tmi, COURT STAFF) (Filed on 3/5/2013)

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ALICIA ROMAN, SBN 260101

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719 Orchard Street
Santa Rosa, CA 95404
[phone] / [phone] facsimile
E-Mail: [e-mail]

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LAW OFFICE OF ALICIA ROMAN

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ROBERT MANN, CSB 48293
DONALD W. COOK, CSB 116666
ATTORNEYS AT LAW
3435 Wilshire Blvd., Suite 2910
Los Angeles, CA 90010
[phone] / [phone] facsimile
E-Mail: [e-mail]

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Attorneys for Plaintiffs

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CYNTHIA ANDERSON-BARKER, CSB 175764
ATTORNEY AT LAW
3435 Wilshire Blvd., Suite 2910
Los Angeles, CA 90010
[phone]
E-Mail: [e-mail]

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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,

Case No. CV11-05817-THE
STIPULATION TO
CONTINUE MARCH 11, 2013
CASE MANAGEMENT
CONFERENCE; PROPOSED
ORDER

Plaintiffs,
vs.
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,
Defendants.

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00084977.WPD

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TO THE HON. THELTON E. HENDERSON, UNITED STATES DISTRICT JUDGE:

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WHEREAS pursuant to the parties’ stipulation (doc. 59) the Court on January 3,

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2013 set the case management conference for March 11, 2013;

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WHEREAS on February 8, 2013, the Sonoma County defendants filed a notice of
appeal from the Court’s January 31, 2013 Order, denying these defendants Eleventh
Amendment immunity;

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WHEREAS the Sonoma County defendants contend the filing of their notice of
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appeal automatically stays the prosecution of claims against these defendants;
WHEREAS there is set for hearing on April 1, 2013, at 10:00 a.m., Plaintiffs’

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motion seeking an order declaring the appeal by the Sonoma County defendants to be

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frivolous (doc. 73 & 74, collectively the “Motion”) which, if granted, would dissolve the

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aforementioned stay;

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WHEREAS it serves judicial economy and conserves the resources of the parties

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for the case management conference to be heard at the same time the Court hears

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Plaintiffs’ Motion, or later;

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00084977.WPD

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NOW, THEREFORE, through their respective attorneys of record, the parties

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request that the Court continue the case management from March 11, 2013, to April 1,

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2013, at 10:00 a.m., so that it can be held at the same time as the hearing on Plaintiffs'

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Motion, or such later date as is convenient to the Court’s calendar. The parties further

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request that the Court continue the date for filing the joint case management conference
report, now due March 4, 2013, to a date no later than seven days prior to the new date

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set for the case management conference.
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DATED: March 1, 2013
ROBERT MANN
DONALD W. COOK
Attorneys for Plaintiffs

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By_______________________________
Donald W. Cook

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DATED: March 1, 2013
BRUCE D. GOLDSTEIN
Sonoma County Counsel
Attorney for Defendants County of Sonoma, Sonoma County
Sheriff’s Department, and Sheriff-Corner Steve Freitas

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/s/ Anne L. Keck

By_______________________________
Anne L. Keck
Deputy County Counsel

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DATED: March 1, 2013
CAROLINE L. FOWLER
Santa Rosa City Attorney
Attorney for Defendants City of Santa Rosa, Santa Rosa
Police Department, and Tom Schwedhelm

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By_______________________________
Robert L. Jackson
Assistant City Attorney
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00084977.WPD

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ORDER

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Upon the parties’ stipulation and good cause appearing therefor, IT IS HEREBY

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ORDERED that the case management conference, presently set for March 11, 2013, be

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and hereby is continued to April 1, 2013, at 10:00 a.m., so that it can be held at the same
time as the hearing on Plaintiffs' Motion. The joint case management conference report

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shall be filed no later than seven days before the date set for the case management
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R NIA

Judge T

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NO

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_______________________________
HON. THELTON E. HENDERSON
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United StatesltDistrict derso
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DATED: 03/04/2013
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conference.

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00084977.WPD