Riese v. County of Del Norte et al

Filing 105

ORDER granting 104 STIPULATION WITH PROPOSED ORDER to Continue Jury Trial and All Related Dates. Discovery cutoff: 5/30/2014. Dispositive motions to be heard by 7/16/2014. Pretrial Conference set for 9/29/2014 02:00 PM and Jury Trial set for 10/27/2014 08:30 AM in Courtroom 12, 19th Floor, San Francisco before Hon. William H. Orrick. Signed by Judge William H. Orrick on 02/11/2014. (jmdS, COURT STAFF) (Filed on 2/11/2014)

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ANN M. ASIANO (SBN 094891)
JORDAN M. GREEN (SBN 130353)
BRADLEY, CURLEY, ASIANO,
BARRABEE, ABEL & KOWALSKI, P.C.
1100 Larkspur Landing Circle, Suite 200
Larkspur, CA 94939
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Defendant
JON ALEXANDER

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL REISE, an individual,

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Plaintiff,
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v.
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COUNTY OF DEL NORTE; CRESCENT )
CITY; CRESCENT CITY POLICE
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DEPARTMENT; COUNTY OF DEL
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NORTE SHERIFF’S DEPARTMENT;
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JON ALEXANDER; BRIAN NEWMAN; )
RICHARD GRIFFIN; BOB BARBER;
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KEITH DOYLE; DOUG PLACK; DOES )
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Defendants.
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___________________________________ )

Case Number CV-12-03723-WHO
THE PARTIES’ STIPULATION AND ORDER
TO CONTINUE JURY TRIAL AND ALL
RELATED DATES
______________________________________

Complaint Filed: July 16, 2012
Trial Date: July 14, 2014

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Counsel for Defendants COUNTY OF DEL NORTE, RICHARD GIFFIN, CRECENT CITY;
CRESCENT CITY POLICE DEPARTMENT, KEITH DOYLE, DOUG PLACK and JON

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ALEXANDER (“Defendants”), and Plaintiff MICHAEL RIESE (“Plaintiff”) hereby stipulate to

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continue jury trial and all related dates. The parties respectively request the Court to continue the jury

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trial and all related dates for a minimum of four months. The parties participated in mediation with the

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Honorable Raul A. Ramirez (ret.) on January 23, 2014 in Sacramento, but did not reach a resolution.

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-1PARTIES’ STIPULATION TO CONTINUE JURY TRIAL AND ALL RELATED DATES
UNITED STATES DISTRICT COURT CASE NUMBER CV-12-03723-WHO

Counsel for all parties agree that good cause exists to continue the jury trial and all related dates
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because of the delay caused by Mr. Claypool’s numerous motions and applications to continue case

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management conferences, hearings and late initial disclosure on behalf of Plaintiff, which consequently

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delayed the commencement of discovery.

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PROCEDURAL HISTORY

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1. On July 16, 2012, Plaintiff filed his Complaint for Damages.

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2. On October 22, 2012 and November 19, 2012, respectively, County of Del Norte filed its
Answer and Amended Answer to Plaintiff’s Complaint.

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3. On November 29, 2012, Defendant Crescent City and its Officers filed their Answer to

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Plaintiff’s Complaint.

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4. On February 15, 2013, Jon Alexander filed his Answer to Plaintiff’s Complaint.

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5. On March 18, 2013, Jon Alexander filed his Notice of Special Motion to strike.

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6. On April 1, 2013, County of Del Norte and Richard Griffin filed their Notice of Special

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Motion and Motion to strike.

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7. On May 7, 2013, Plaintiff filed an Ex Parte Application for an Order Continuing the Case

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Management Conference and hearing on the Anti-SLAPP motions.

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8. On May 15, 2013, the Court granted the parties stipulated and proposed order to continue the

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Case Management Conference and hearing on the Anti-SLAPP motion.

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9. On May 29, 2013, Plaintiff’s initial counsel, Brian Claypool, filed a motion to withdraw

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as counsel.

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10. On June 11, 2013, the Court set an Order continuing the hearing on the Anti-SLAPP motions

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until after it resolves Mr. Claypool’s Motion to Withdraw as Counsel.

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11. On June 15, 2013, Plaintiff filed a stipulation to continue the CMC and hearing on his motion

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to withdraw.

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Error! Main
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12. On June 27, 2013, this case was reassigned to the Honorable William H. Orrick and all
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-2PARTIES STIPULATION TO CONTINUE JURY TRIAL AND ALL RELATED DATES
UNITED STATES DISTRICT COURT CASE NUMBER CV-12-03723-WHO

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hearing dates were vacated and ordered to be reset.
13. On August 6, 2013, Mr. Claypool filed a Motion to Withdraw his Motion to Withdraw
as Counsel.

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14. On August 6, 2013, Plaintiff filed a Motion for leave to Amend his Complaint.

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15. On September 3, 2013, after numerous continuances by the parties, specifically Plaintiff, the

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Court granted Defendant Alexander’s Anti-SLAPP motion and Granted in Part and Denied in
Part Defendant Griffin’s Anti-SLAPP motion.

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16. On October 4, 2013, Mr. Claypool, filed a second motion to withdraw as counsel.
17. On October 9, 2013, the Court denied Plaintiff’s Motion for Leave to File an Amended
Complaint.
18. On October 28, 2013, Mr. Claypool filed an Ex-Parte Application to Appear telephonically
or continue the hearing on his motion to withdraw as counsel.
19. On November 14, 2013, the Court granted Mr. Claypool’s Motion to Withdraw as counsel
for Plaintiff after the completion of mediation.

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20. On January 7, 2014, the Court granted consent to Plaintiff’s substitution of attorney.

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21. On January 23, 2014, the parties attended mediation with the Honorable Judge A. Ramirez

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(ret.) in Sacramento, California, but did not reach a resolution.
ARGUMENT
As the Court can see, this case has a lengthy procedural history filled with many continuances
sought by Plaintiff and/or his previous counsel, Brian Claypool. For example, discovery was delayed
by the uncertainty of Plaintiff’s counsel. Mr. Claypool filed his first Motion to Withdraw as Counsel

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on May 29, 2013, but then withdrew that motion approximately 3 months later, just to file a second

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motion to withdraw two months after withdrawing his first motion, which was ultimately granted on

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November 14, 2013. Plaintiff’s new counsel substituted in on January 7, 2014, shortly before

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mediation. Thus, discovery was delayed because Plaintiff’s representation of counsel was in limbo

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Error! Main
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-3PARTIES STIPULATION TO CONTINUE JURY TRIAL AND ALL RELATED DATES
UNITED STATES DISTRICT COURT CASE NUMBER CV-12-03723-WHO

from May 29, 2013 to January 7, 2014.
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Next, the issues in the pleadings were not resolved until September 3, 2013, when the Court

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issued its Order granting Defendant Jon Alexander’s Anti-SLAPP motion and granting in part and

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denying in part Defendants County of Del Norte and Richard Griffin’s Anti-SLAPP motions, which

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were filed approximately six months earlier, on March 18, 2013 and April 1, 2013, respectively.

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During that time period, Mr. Claypool sought several continuances of the case management
conferences and hearing on Defendants’ Anti-SLAPP motions for a variety of reasons, such as
scheduling conflicts and medical issues.

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Lastly, this is a complex case with multiple defendants ranging from individuals to law

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enforcement agencies, several theories of liability and at least thirty-five witnesses who support or

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contradict Plaintiff’s allegations. There is a long history of relationships between the parties and

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witnesses to explore, with issues commencing in 2006. Thus, because of the numerous continuances

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of the case management conference, the ruling on the Anti-SLAPP motions and Mr. Claypool’s

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numerous motions to withdraw as counsel, the parties need more time to conduct discovery and further

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investigate the issues discussed at mediation. Finally, Plaintiff has just retained new counsel as of

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January 7, 2014.

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Discovery in this matter is currently scheduled to close on March 3, 2014, dispositive motions

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are due on April 9, 2014. Now that the pleadings, counsel and mediation in this matter have finally
been decided or completed, there is simply not enough time left to complete discovery and meet all

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other pretrial deadlines.

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CONCLUSION

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All parties respectfully request that this Court issue an Order continuing the jury trial and all

Error! Main
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-4PARTIES STIPULATION TO CONTINUE JURY TRIAL AND ALL RELATED DATES
UNITED STATES DISTRICT COURT CASE NUMBER CV-12-03723-WHO

related dates for a minimum of four months to on or about October 2014, to permit the parties to
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conduct discovery, have dispositive motions heard and prepare for trial.

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Dated: January 31, 2014

BRADLEY, CURLEY, ASIANO,
BARRABEE, ABEL & KOWALSKI, P.C.

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By:

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/s/ Ann M. Asiano
ANN M. ASIANO
Attorneys for Defendant
JON ALEXANDER

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Dated: January 31, 2014

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PATTON, WOLAN, CARLISLE, LLP
By:

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/s/ Clariza C. Garcia
STEVEN C. WOLAN
CLARIZA C. GARCIA
Attorneys for Defendants
COUNTY OF DEL NORTE AND
RICHARD GRIFFIN

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Dated: January 31, 2014

HUNT & JEPPSON, LLP

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By:

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/s/ Spencer Christensen
SPENCER CHRISTENSEN
Attorneys for Defendants
CRESCENT CITY, CRESCENT CITY POLICE
DEPARTMENT, KEITH DOYLE & DOUG PLACK

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Dated: January 31, 2014

BERG & ASSOCIATES
By:

/s/ Mordechai Pelta
MORDECHAI PELTA
Attorneys for Plaintiff
MICHAEL RIESE

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-5PARTIES STIPULATION TO CONTINUE JURY TRIAL AND ALL RELATED DATES
UNITED STATES DISTRICT COURT CASE NUMBER CV-12-03723-WHO

ORDER

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PURSUANT TO STIPULATION AND THE COURT FINDING GOOD CAUSE, IT IS
HEREBY ORDERED that the jury trial is continued from July 14, 2014 to October 27, 2014. The

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following new dates are established:
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Non-Expert Discovery cutoff:

May 30, 2014

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Expert Designation:

May 30, 2014

Expert Rebuttal Designation:

June 13, 2014

Expert Discovery cutoff:

July 2, 2015

Dispositive and all Motions heard by:

July 16, 2014

Pre-Trial Conference:

September 29, 2014, 2:00 p.m in Courtroom 2

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DATED: February 11, 2014
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HON. WILLIAM H. ORRICK
UNITED STATES DISTRICT COURT JUDGE

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-6PARTIES STIPULATION TO CONTINUE JURY TRIAL AND ALL RELATED DATES
UNITED STATES DISTRICT COURT CASE NUMBER CV-12-03723-WHO