Rosenblatt v. City of Hillsborough et al

Filing 25

ORDER RE CASE MANAGEMENT: A Joint Case Management Statement (with updated information only) due by 5/30/2013. Further Case Management Conference set for 6/6/2013 at 11:00 AM in Courtroom C, 15th Floor, San Francisco. Mediation deadline extended to May 31, 2013. Signed by Magistrate Judge Laurel Beeler on 4/30/2013. (ls, COURT STAFF) (Filed on 4/30/2013)

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JEFFREY M. VUCINICH, ESQ. BAR#: 67906
ETHAN M. LOWRY, ESQ. BAR #: 278831
CLAPP, MORONEY, BELLAGAMBA,
VUCINICH, BEEMAN and SCHELEY
A PROFESSIONAL CORPORATION
1111 Bayhill Drive, Suite 300
San Bruno, CA 94066
[phone] [phone] FAX

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Attorneys for Defendants TOWN OF HILLSBOROUGH (sued herein as City of Hillsborough);
PATRICK SEAN AHERNE (sued herein as SERGEANT AHERNE); MATT O’CONNOR (sued
herein as former HILLSBOROUGH POLICE CHIEF MATT O’CONNOR); and STEVEN
THARP (sued herein as HILLSBOROUGH POLICE OFFICER THARP)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JERROLD ROSENBLATT,

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Plaintiff,

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v.

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CITY OF HILLSBOROUGH, former
HILLSBOROUGH POLICE CHIEF MATT
O’CONNOR, HILLSBOROUGH POLICE
SERGEANT AHERNE,
HILLSBOROUGH POLICE OFFICER
THARP, and DOES 1 through 10,

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CASE NO.: C12-5210 LB
JOINT CASE MANAGEMENT
CONFERENCE STATEMENT :
ORDER

Complaint filed: October 9, 2012
Date: May 2, 2013
Time: 11:00 A.M.
Ctrm: C, 15th Floor, US District Court
450 Golden Gate Avenue
San Francisco

Defendants.

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Honorable Magistrate Judge Laurel Beeler

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Plaintiff JERROLD ROSENBLATT and Defendants TOWN OF HILLSBOROUGH (sued

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herein as City of Hillsborough); PATRICK SEAN AHERNE (sued herein as SERGEANT AHERNE);

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MATT O’CONNOR (sued herein as former HILLSBOROUGH POLICE CHIEF MATT

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O’CONNOR); and STEVEN THARP (sued herein as HILLSBOROUGH POLICE OFFICER

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THARP), in the above-entitled action jointly submit this Case Management Statement (with updated

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information only per Civil Minute Order of January 17, 2013).

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1.

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Jurisdiction and Service:
No change since last Case Management Conference.

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JOINT CASE MANAGEMENT CONFERENCE STATEMENT;
CASE NO. C12-5210 LB

G:\Data\DOCS\0160\04618\Joint Case
Mgmt Statement (Updated for CMC on
5.2.13).final.wpd

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2.

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No change since last Case Management Conference.
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4.

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5.

Amendment of Pleadings:
Plaintiff will amend the complaint to correctly identify the defendants, as set forth herein.

Defendants will not oppose these amendments.
6.

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Motions:
No change since last Case Management Conference.

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Legal Issues:
No change since last Case Management Conference.

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Facts:

Evidence Preservation:
No change since last Case Management Conference.

7.

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Disclosures:
Defendants and Plaintiff made initial disclosures on January 14, 2013 and January 9, 2013

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respectively. Defendants anticipate supplemental disclosures on or about May 2, 2013.

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8.

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Discovery:
The parties have agreed to proceed with Discovery pursuant to the Local Rules and Federal

Rules of Civil Procedure.

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Defendants have taken the depositions of Plaintiff, Jerrold Rosenblatt; Plaintiff=s wife, Carol

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Rosenblatt; and witness David Schwartz. Defendants do not anticipate taking any further depositions

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apart from experts. Plaintiff has taken the depositions of Defendants Aherne and Tharp and witness

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David Young. Plaintiff anticipates deposing Defendant Matt O’Connor as well as the person most

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knowledgeable about Defendants’ Taser policies and procedures, and any defense experts.

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There are currently no discovery disputes pending between the parties.

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9.

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Class Actions:
No change since last Case Management Conference.

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Related Cases:
No change since last Case Management Conference.

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JOINT CASE MANAGEMENT CONFERENCE STATEMENT;
CASE NO. C12-5210 LB

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G:\Data\DOCS\0160\04618\Joint Case
Mgmt Statement (Updated for CMC on
5.2.13).final.wpd

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11.

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Relief:
No change since last Case Management Conference.

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Settlement and ADR:

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The parties had previously agreed to proceed with private mediation and had scheduled an all-

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day mediation with retired San Mateo County Superior Court Judge Margaret Kemp for April 29,

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2013. The Court granted the parties until May 1, 2013 to complete private mediation. Since that time

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Judge Kemp has sustained a broken leg and is unable to handle the mediation. The parties have agreed

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to mediation with Retired Magistrate Judge of the Northern District of California James Larson. The

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parties are currently in the process of scheduling the mediation for some date in May of 2013. The

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Parties request that the Court grant an extension of time to complete mediation.

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13.

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No change since last Case Management Conference.
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Narrowing of Issues:
No change since last Case Management Conference.

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Other References:
No change since last Case Management Conference.

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Consent to Magistrate Judge For All Purposes:

Expedited Schedule:
No change since last Case Management Conference.

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Scheduling:

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The parties schedule per Court’s order:

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Non-expert discovery completion date:

July 12, 2013

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Experts Disclosure:

July 12, 2013

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Rebuttal expert disclosures:

July 31, 2013

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Expert Discovery cut-off:

September 5, 2013

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Last hearing date for dispositive motions:

November 7, 2013

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Meet and confer re pretrial filings:

November 26, 2013

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Pretrial filings due:

December 5, 2013

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JOINT CASE MANAGEMENT CONFERENCE STATEMENT;
CASE NO. C12-5210 LB

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G:\Data\DOCS\0160\04618\Joint Case
Mgmt Statement (Updated for CMC on
5.2.13).final.wpd

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Oppositions, Objections, Exhibits, and Depo Designation: December 12, 2013

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Pretrial conference:

January 9, 2014

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Jury trial:

January 27, 2014

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No change since last Case Management Conference.
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Trial:

Disclosure of Non-party Interested Entities or Persons:
No change since last Case Management Conference.

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Other Matters:
No change since last Case Management Conference.

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Dated: April 24, 2013

CASPER, MEADOWS, SCHWARTZ & COOK

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/s/ Andrew Schwartz

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By
Andrew Schwartz
Attorney for Plaintiff
JERROLD ROSENBLATT

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CLAPP, MORONEY, BELLAGAMBA,
VUCINICH, BEEMAN AND SCHELEY

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/s/ Jeffrey M. Vucinich
By
Jeffrey M. Vucinich
Attorneys for Defendants
TOWN OF HILLSBOROUGH (sued herein
as City of Hillsborough); PATRICK SEAN
AHERNE (sued herein as SERGEANT
AHERNE); MATT O’CONNOR (sued herein
as former HILLSBOROUGH POLICE CHIEF
MATT O’CONNOR); and STEVEN THARP
(sued herein as HILLSBOROUGH POLICE
OFFICER THARP)

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NO

VED
APPRO
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l Beeler

Jud
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Mgmt StatementE (Updated for CMC on
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JOINT CASE MANAGEMENT CONFERENCE STATEMENT;
CASE NO. C12-5210 LB

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Mediation deadline extended to May 31, 2013.
The Case Management Conference is reset to June 6, 2013 at 11:00 a.m. A Joint Case
Management Conference Statement (with updated information only) due May 30, 2013.
The Case Management Conference on May 2, 2013 at 11:00 a.m. is VACATED. ES DISTRIC
Date: April 30, 2013
TC
AT
UNIT
ED

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Dated: April 24, 2013

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