Carr v. Oakland Housing Authority et al

Filing 44

STIPULATION AND ORDER re 43 to Continue Settlement Conference filed by Kenneth Nielson, Oakland Housing Authority, Carel J. Duplessis, Oakland Housing Authority Police Department, Joshua Ruiz, N. Mumbower, T. Godfrey Case Management Statement due by 8/29/2013. Further Case Management Conference set for 9/5/2013 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 5/10/13. (bpf, COURT STAFF) (Filed on 5/10/2013)

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A PROFESSIONAL CORPORATION

400 OYSTER POINT BLVD., SUITE 415
SOUTH SAN FRANCISCO, CALIFORNIA 94080

LAW OFFICES OF

CHOLAKIAN & ASSOCIATES

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JOHN L. BURRIS, Esq. (SBN 69888)
DEWITT LACY, Esq. (SBN 258789)
LAW OFFICES OF JOHN L. BURRIS
7677 Oakport Street, Suite 1120
Oakland, CA 94621
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Plaintiff
KIERON CARR
GAYLA B. LIBET, Esq. (SBN 109173)
LAW OFFICES OF GAYLA B. LIBET
486 41st Street, Suite 3
Oakland, CA 94609
Telephone and Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Plaintiff
KIERON CARR
KEVIN K. CHOLAKIAN (SBN 103423)
BRIAN FINN (SBN 142368)
CHOLAKIAN & ASSOCIATES
A Professional Corporation
400 Oyster Point Blvd., Ste. 415
South San Francisco, CA 94080
Telephone: [phone]
Facsimile: [phone]
email: [e-mail]
Attorneys for Defendants
OAKLAND HOUSING AUTHORITY, OAKLAND HOUSING
AUTHORITY POLICE DEPARTMENT, CHIEF CAREL DUPLESSIS,
SERGEANT KENNETH NIELSEN, OFC. JOSHUA RUIZ,
OFC. T. GODFREY AND OFC. N. MUMBOWER

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300 036

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STIPULATION TO CONTINUE SETTLEMENT CONFERENCE

3:12-CV-4051EMC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KIERON CARR,

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Plaintiff,

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vs.

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OAKLAND HOUSING AUTHORITY, a
governmental entity; OAKLAND HOUSING
AUTHORITY POLICE DEPARTMENT, a
governmental entity; CAREL J. DUPLESSIS,
in his capacity as Chief of Police for
OAKLAND HOUSING AUTHORITY
POLICE DEPARTMENT; T. GODFREY; N.
MUMBOWER; KENNETH NIELSON,
JOSHUA RUIZ; and R. FLORES,
individually, and in their capacity as police
officers for OAKLAND HOUSING
AUTHORITY POLICE DEPARTMENT; and
DOES 4-25, inclusive,

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Defendants.

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A PROFESSIONAL CORPORATION

400 OYSTER POINT BLVD., SUITE 415
SOUTH SAN FRANCISCO, CALIFORNIA 94080

LAW OFFICES OF

CHOLAKIAN & ASSOCIATES

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) Case No.: 3:12-CV-4051EMC
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) STIPULATION TO CONTINUE
) SETTLEMENT CONFERENCE
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ORDER
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All parties to this action stipulate and agree, by and through their respective counsel,

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as follows:
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1. Plaintiff’s counsel was unable to serve plaintiff’s First Amended Complaint and
Summons, filed on 1-16-13, until April 2013. The reasons are as follows:

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(a) On 2-6-13, plaintiff’s process server served defense counsel with the First Amended
Complaint and Summons on behalf of the named individual officers. Mr. Finn informed the
process server that he was authorized to accept service for Oakland Housing Authority and Ofc.
Neilsen, Ofc. Ruis and Chief Duplessis, but not Ofc. Mumbower, Ofc. Flores and Ofc. Godfrey;

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(b) On 3-7-13, plaintiff’s counsel, Gayla B. Libet, received an e-mail from Sandra Mack,
employed at defense counsel’s office, in which she stated that defense counsel, Brian Finn,
accepted service on defendant officers Flores, Mumbower and Godfrey, but that Mr. Finn did
not recall what date it was served on him. She asked that Ms. Libet inform her on which date
service occurred;

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(c ) On 3-8-13, Ms. Libet replied to Ms. Mack’s e-mail stating that Mr. Finn had
accepted service on 2-26-13;

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(d) On 3-8-13, defense counsel, Brian Finn, sent plaintiff’s counsel, Ms. Libet an e-mail
stating that he had not accepted service on behalf of the named individual officers. He also stated
that he was trying to get authority to accept service for all defendants, and that he should receive
that authority by early in the next week;

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A PROFESSIONAL CORPORATION

400 OYSTER POINT BLVD., SUITE 415
SOUTH SAN FRANCISCO, CALIFORNIA 94080

LAW OFFICES OF

CHOLAKIAN & ASSOCIATES

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(e) Proofs of Service on all defendants were filed on 4-8-13, after service on individual
defendant officers was accepted by defense counsel on 3-26-13;
(f) On 4-8-13, defense counsel, Brian Finn, sent plaintiff’s counsel an E-mail stating he
was having trouble contacting some of the individual defendant officers, since not all of them
still work for defendant OHA, and asked for an extension of time to file Answer to First
Amended Complaint until 4-11-13;
(g) On 4-11-13, defense counsel, Brian Finn, sent a letter to Ms. Libet stating that
defendants’ Answer to First Amended Complaint was enclosed, and that he was not able to
accept service on behalf of defendant officer Flores, who has not worked for OHA for some
time. All Defendants have answered except for Ofc. Flores, who has not been served;
2. Given the above events, the parties have not yet conducted discovery sufficient for a
fruitful Settlement Conference to occur. No depositions have been taken, and no written
discovery has been served. The parties will serve written discovery by 5-10-13, and notices of
any depositions they want to take shortly thereafter;

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3. Since the parties cannot conduct a meaningful Settlement Conference at this time, the
parties agree that the Settlement Conference presently scheduled to take place on May 16, 2013,
at 9:30 a.m., Ctrm. A, 15th Floor, S.F. before Honorable Magistrate Judge Nathaneal Cousins ,
should be rescheduled to a date and time sixty (60) to ninety (90) days from the presently
scheduled date.

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Dated: May 8, 2013

LAW OFFICES OF JOHN L. BURRIS

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By /s/ John L. Burris
JOHN L. BURRIS, Esq.
Attorneys for Plaintiff
KIERON CARR

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STIPULATION TO CONTINUE SETTLEMENT CONFERENCE

3:12-CV-4051EMC

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Dated: May 8, 2013

LAW OFFICES OF GAYLA B. LIBET

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By /s/ Gayla B. Libet
GAYLA B. LIBET, Esq.
Attorneys for Plaintiff
KIERON CARR

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Dated: May 8, 2013

CHOLAKIAN & ASSOCIATES
A Professional Corporation

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By___/s/ Brian J. Finn
Brian Finn
Attorneys for Defendants
OAKLAND HOUSING AUTHORITY,
OAKLAND HOUSING AUTHORITY POLICE
DEPARTMENT, CHIEF CAREL DUPLESSIS,
SERGEANT KENNETH NIELSEN, OFC.
JOSHUA RUIZ, OFC. T. GODFREY AND OFC.
N. MUMBOWER

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S

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RT

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dward M
Judge E

ER

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. Chen

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R NIA

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IT IS S
DIFIED
AS MO

EDWARD M. CHEN
E D
United StatesRE
O ORD District Court Judge

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FO

5/10/13

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Dated:

S DISTRICT
TE
C
TA

NO

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IT IS FURTHER ORDERED
that the CMC is reset from
5/30/13 to 9/5/13 at 10:30 a.
m.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

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UNIT
ED

A PROFESSIONAL CORPORATION

400 OYSTER POINT BLVD., SUITE 415
SOUTH SAN FRANCISCO, CALIFORNIA 94080

LAW OFFICES OF

CHOLAKIAN & ASSOCIATES

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N

F
D IS T IC T O
R

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STIPULATION TO CONTINUE SETTLEMENT CONFERENCE

3:12-CV-4051EMC