Retiree Support Group of Contra Costa County v. Contra Costa County

Filing 37

ORDER GRANTING 35 STIPULATION EXTENDING TIME FOR FILING OF SECOND AMENDED COMPLAINT, VOLUNTARY PRODUCTION OF DOCUMENTS AND RESETTING OF CASE MANAGEMENT CONFERENCE. Case Management Statement due by 1/25/2013. Initial Case Management Conference set for 2/1/2013 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Jeffrey S. White on 8/6/12. (jjoS, COURT STAFF) (Filed on 8/6/2012)

Case3:12-cv-00944-JSW Document35 Filed08/02/12 Page1 of 6

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LEWIS, FEINBERG, LEE, RENAKER & JACKSON, P.C.
JEFFREY LEWIS - 066587
[e-mail]
BILL LANN LEE - 108452
[e-mail]
ANDREW LAH - 234580
[e-mail]
SACHA CRITTENDEN STEINBERGER - 253823
[e-mail]
476 9th Street
Oakland, CA 94607
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
RETIREE SUPPORT GROUP OF CONTRA COSTA
COUNTY
(See Attached for Additional Counsel)

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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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RETIREE SUPPORT GROUP OF
CONTRA COSTA COUNTY,
Plaintiff,

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v.
CONTRA COSTA COUNTY,

No. CV 12-00944 (JSW)
STIPULATION EXTENDING TIME FOR
FILING OF SECOND AMENDED
COMPLAINT, VOLUNTARY
PRODUCTION OF DOCUMENTS AND
RESETTING OF CASE MANAGEMENT
CONFERENCE;[PROPOSED] ORDER

Defendant.
N.D. Local Rule 6-1(a)

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STIPULATION, REQUEST FOR CLARIFICATION AND [PROPOSED] ORDER
(CASE NO. CV 12-00944 (JSW)

Case3:12-cv-00944-JSW Document35 Filed08/02/12 Page2 of 6

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(Additional Counsel)
HANSON BRIDGETT LLP
RAYMOND F. LYNCH – 119065
[e-mail]
SARAH D. MOTT – 148597
[e-mail]
JANE FEDDES – 282117
[e-mail]
425 Market Street, 26th Floor
San Francisco, CA 94105
Telephone:
[phone]
Facsimile:
[phone]
COUNTY COUNSEL,
CONTRA COSTA COUNTY
SHARON L. ANDERSON - 94814
[e-mail] -nty.us
MARY ANN McNETT MASON - 115089
[e-mail]
651 Pine St., 9th Floor
Martinez, CA 94553
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
CONTRA COSTA COUNTY

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-2STIPULATION, REQUEST FOR CLARIFICATION AND [PROPOSED] ORDER
(CASE NO. CV 12-00944 (JSW)

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Plaintiff Retiree Association of Contra Costa County (“Plaintiff”) and Defendant Contra

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Costa County (“County” or “Defendant”) ("the Parties"), by and through their respective counsel

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of record, hereby stipulate and agree as follows:

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1.

On July 10, 2012, the Court issued its Order Granting Motion to Dismiss (Dkt 32),

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allowing Plaintiff leave to amend its complaint by August 10, 2012. Under the Order, Plaintiff

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may file a stipulation to extend the deadline if it needs “additional time to discover the ordinances

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and resolutions upon which its members’ claims are predicated.” Id. at 5.

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2.

On July 13, 2012, the Parties met and conferred regarding the Court's Order.

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Plaintiff informed the County it intends to file a Second Amended Complaint and that it requires

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additional time to obtain and review additional documents. The County stated it is not opposed to

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an extension of time. The Parties discussed possible voluntary production of documents by the

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County. The Parties agreed to participate in a second meet and confer session after Plaintiff

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provided the County with a list of requested documents.

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3.

On July 17, 2012, Plaintiff provided the County with its list of requested

documents:

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1.

All Memoranda of Understanding and all resolutions ratifying the MOUs;

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2.
benefits;

All resolutions and attachments to the resolutions relating to retiree health

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3.
All documents relating to the adoption, interpretation, or implementation of
any resolution or MOU regarding retiree health benefits, including but not limited to job
announcements and postings, employee handbooks, staff memoranda prepared for the
Board, and cost analyses of retiree health care;
4.
All board meeting minutes, agenda, and attachments relating to retiree
health benefits;
5.

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4.

All recordings of Board of Supervisor meetings.

On July 20, 2012, the Parties met and conferred regarding those requests. Plaintiff

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stated it was requesting documents dating back to January 1, 1970. The County agreed

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voluntarily to provide extant non-privileged documents responsive to Request Nos. 1, 2, 4 and 5

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back to January 1970. Relating to Request No. 3, the County also agrees to produce any other

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non-privileged, public documents that were provided to the Board of Supervisors accompanying
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(CASE NO. CV 12-00944 (JSW)

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the passage of the resolutions relating to the MOUs or retiree health benefits. The Parties

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disagree as to whether any further production by the County with respect to Request No. 3 is

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required now. Plaintiff requests a status conference regarding this issue at the Court's earliest

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convenience and the County will not oppose holding such a conference.

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5.

The Parties wish to cooperate and have generally agreed to the following schedule

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to produce the agreed upon documents as referenced above, amend the complaint, file a

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responsive pleading and a subsequent briefing schedule:

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a. The County will make reasonable good faith efforts to provide documents

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responsive to Request Nos. 1, 2, 4 and 5 within sixty (60) days or September

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27, 2012;

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b. Plaintiff will file its amended complaint within sixty (60) days after completion

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of the County's production or November 30, 2012;

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c. Because of the holidays and possible furloughs, the County will file its

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responsive pleading by January 9, 2013;

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d. If the County files a motion to dismiss, Plaintiff’s opposition brief will be filed

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twenty-five (25) days after the County files the motion; and

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e. The County’s reply brief will be filed eleven (11) days after the filing of

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Plaintiff's opposition brief.
The briefing schedule is identical to that previously ordered by the Court. (See Dkt. 22)

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7.

On July 27, 2012, the Court re-scheduled the Case Management Conference for

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October 12, 2012. (See Dkt. 34) Lead counsel for the County will be unable to attend on that

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date because he will be in Europe on a pre-planned family vacation and will not return until

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October 16, 2012.

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8.

The Parties believe there is good cause and request the Court to re-schedule the

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Case Management Conference to a date after October 16, 2012. (See Declaration of Raymond F.

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Lynch, attached hereto and incorporated herein.)

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(CASE NO. CV 12-00944 (JSW)

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IT IS SO STIPULATED between the Parties.

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DATED: August 2, 2012

LEWIS, FEINBERG, LEE, RENAKER &
JACKSON, P.C.

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By:/s/ Jeffrey Lewis
Jeffrey Lewis
Attorneys for Plaintiff
RETIREE SUPPORT GROUP OF
CONTRA COSTA COUNTY

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DATED: August 2, 2012

HANSON BRIDGETT LLP

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By:/s/ Raymond F. Lynch
Raymond F. Lynch
Sarah D. Mott
Attorneys for Defendant
CONTRA COSTA COUNTY

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ORDER

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PURSUANT TO THE FOREGOING STIPULATION:

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1.

Plaintiff is granted additional time to file its amended complaint.

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2.

The schedule set forth by the Parties is acceptable.

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3.
For good cause shown, the Court resets the Case Management Conference to
February 1, 2013 at 1:30 p.m.
_________________, 2012.
IT IS SO ORDERED.

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Dated: August __, 2012
HON. JEFFREY S. WHITE
United States Judge

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-5STIPULATION, REQUEST FOR CLARIFICATION AND [PROPOSED] ORDER
(CASE NO. CV 12-00944 (JSW)