Bauldry v. Town of Danville et al

Filing 116

ORDER re 115 Amended Document filed by Lane Bauldry. Reset Deadlines as. Dispositive Motions due by 11/1/2014. Motion Hearing set for 12/12/2014 10:00 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer, Signed by Judge Charles R. Breyer on 7/10/2014. (beS, COURT STAFF) (Filed on 7/10/2014)

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1 Matthew D. Haley, Esq. State Bar No. 104493 2 THE HALEY LAW OFFICES, P .C. 1633 San Pablo Avenue 3 Oakland, California 94612-1505 4 Telephone: (510) 444-1881 Facsimile: (510) 444-5108 5 Attorney for Plaintiff 6 LANEBAULDRY 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 ) ) LANEBAULDRY, Plaintiff Case No.: 3:12-cv-03943-CRB ) AMENDED STIPULATION AN ORDER REGARDING INITIAL DISCOVERY AND DISPOSITIVE MOTIONS ) ) v. ) ) TOWN OF DANVILLE, COUNTY OF ) CONTRA COSTA, CITY OF ) PIEDMONT, Government Entities, ) MONA DAGGETT, CHRISTOPHER ) BUTLER, DEPUTY STEPHEN ) TANABE, DEPUTY TOM ) HENDERSON, SERGEANT ANDY ) WELLS and DOES 1 to 50, inclusive, ) ) Defendants. ) ) _ _ _ _) --···---------- Date Action Filed: July 26, 2012 Trial Date: Not Set 22 23 PIEDMONT, Government Entities, MONA DAGGETT, CHRISTOPHER BUTLER, 25 DEPUTY STEPHEN TANABE, DEPUTY TOM HENDERSON, SERGEANT ANDY 26 WELLS ("Defendants") (collectively, "Parties"), through their respective counsel of 27 record, as follows 28 LA \V BAULDRY ("Plaintiff') and Defendants COUNTY OF CONTRA COSTA, CITY OF 24 THE HALEY IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff LANE Ill OFFICES A Professional Corporation 1633 SAN PABLO AVENUE OAKLAND, CA 94512-1505 VOICE (510)4H·1001 FAX (510)444·5100 EMAIL: malt®h<oley!aw.oorn Amended Stipulation And Proposed Order Regarding Initial Discove1y and Dispositive Motions 1 1 The Parties agree it is in the interest of justice and judicial economy to disclose and 2 attempt to adjudicate certain dispositive motions at the earliest opportunity. To that end, the 3 Parties hereby agree: 4 5 6 1. Discovery, including depositions, related to the dispositive motions identified by the parties below in paragraph 5 will be completed by October 17, 2014. 2. Depositions taken during this initial discovery period will be limited to topics 7 relevant to the identified dispositive motions only; however, the Parties can agree to 8 expand deposition topics, if appropriate. 9 3. Initial dispositive motions will be filed no later than November 1, 2014. This 10 order does not preclude the filing of any fmther dispositive motions, as appropriate, after 11 this date. 12 4. Hearings on initial dispositive motions will be heard on December 12,2014. 13 5. The Parties intend to file dispositive motions. The following initial 14 dispositive motions are anticipated: 15 PLAINTIFF 16 Plaintiff intends to file a motion for partial summary judgment regarding whether 17 Deputy Tanabe was acting "within the scope of his ... employment as an employee of the 18 public entity", pursuant to Government Code Section 825, at all relevant times set forth in 19 Plaintiff's Complaint. 20 DEFENDANTS 21 All defendants intend to bring motions related the existence of liability under 22 Monell; the application of Qualified Immunity; and the legality of the arrest at issue. 23 Defendant County of Contra Costa and Thomas Henderson intend to raise the 24 following additional issues in their initial dispositive motions: J) whether there has been a 25 violation of Plaintiff's rights under the Fourteenth Amendment of the U.S. Constitution; 2) 26 whether Plaintiff has a viable claim for conspiracy respecting any alleged violation of his 27 constitutional rights; and 3) the immunities provided by California Penal Code sections 28 836.5 and 847(b) and California Government Code section 821.6. THE HALEY LAW 0FF1CES A Professional Corporation 1633 SAN PABLO AVENUE OAKLAND, CA 94512-1505 VOICE (510) 4-11·1881 FAX\510)4·~1.S100 EMAil: matl®haley!aw.rom Amended Stipulation And Proposed Order Regarding Initial Discove1y and Dispositive Motions 2 1 To the extent that any party wishes to designate additional issues to be raised in the 2 initial dispositive motions, that party must do so by notifying the other parties of such 3 additional issues in writing by July 11,2014. 4 6. The Parties further agree that any election not to file or not to designate 5 dispositive motions within the above-referenced timeframe does not preclude the ability to 6 file a dispositive motion(s) at a later date. 7 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD: THE HALEY LAW OFFICES, P .C. By: Is/Matthew D. Haley Matthew D. Haley, Esq. Attorneys for Plaintiff Lane Bauldry COUNTY OF CONTRA COSTA By: Is/ D. Cameron Baker D. Cameron Baker, Esq. Attorneys for Defendants County of Contra Costa Deputy Tom Henderson ALLEN, GLAESSNER, HAZELWOOD AND WERTH By: Is/ Dale Allen, Esg Dale Allen. Esq. Attorney for Defendants City of Piedmont Sergeant Andy Wells DUANE MORRIS, LLP 28 THE HALEY LAW OmcEs By: Is/Allegra A. Jones Allegra A. Jones, Esq. Attorney for Defendant Mona Daggett A Professional Corporation 1633 SAN PABLO AVENUE OAKLAND, CA94512-1505 VOICE [5!0)41-.f.tMI FAX(~10)444-15108 EMAIL: matl@h.!lte)l!ow.rom Amended Stipulation And Proposed Order Regarding Initial Discovery and Dispositive Motions 3 I Dated: July 2, 2014 STEELE, GEORGE, SCHOFIELD & RAMOS 2 3 By: lsi Q~offrey W. Steele Geoffrey W. Steele, Esq. Attorney for Defendant Christopher Butler 4 5 6 7 Dated: July 2, 2014 EDRINGTON, SCHIRMER & MURPHY 8 9 By: 10 II is/Keith R. Schirmer Keith R. Schirmer, Esq. Attorney for Defendant Deputy Stephen Tanabe 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE HALEY LAw OFFICES A Professional Corporation 1633 SAN PABLO AVENUE OAKLAND, CA 94512·1505 VOICE (510)4-14-1881 FAX (510) 4·~H>1 OB EMAI'-' maH®I\aleylaw.com Amended Stipulation And Proposed Order Regarding Initial Discovery and Dispositive Motions 4 1 IT IS ORDERED AS FOLLOWS: 2 Pursuant to the above Stipulation, 3 I. Discovery, including depositions, related to the dispositive motions identified 4 by the Parties by May 16,2014 pursuant to their Stipulation will be completed by October 5 17,2014. 6 2. Depositions taken during this initial discovery phase will be limited to topics 7 relevant to the identified dispositive motions only; however, the Parties can agree to expand 8 deposition topics, if appropriate. 9 3. Initial dispositive motions will be filed no later than November 1, 2014. This 10 order does not preclude the frling of any further dispositive motions, as appropriate, after 11 this date. 12 4. Hearings on initial dispositive motions will be heard on December 12,2014 O ORD IT IS S 17 21 ER LI J A H 20 RT 19 . Breyer arles R udge Ch NO 18 R NIA The Honorable Charles R. Breyer United States District Judge. ED ER FO 16 July 10 ,2014 UNIT ED 15 Dated: RT U O 14 S DISTRICT TE C By: _________________________ TA S 13 N F D IS T IC T O R C 22 23 24 25 26 27 28 THE HALEY LAW OFFICES A Professional Corporation 1633 SAN PABLO AVENUE OAKLAND, CA 94512·1505 VOICE (610)41~16111 FAX{610)44-I-1;106 EM All: mal!®hale)llaw.eorn Amended Stipulation And Proposed Order Regarding Initial Discovery and Dispositive Motions 5

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