Guido et al v. City of South San Francisco et al

Filing 79

ORDER GRANTING re 78 Joint Case Management Statement filed by Joshua Cabillo, Michael Massoni, City of South San Francisco Further Case Management Conference re-set for 9/19/2014 at 02:00 PM in Courtroom G, 15th Floor, San Francisco. Signed by Judge Joseph C. Spero on 9/4/14. (klhS, COURT STAFF) (Filed on 9/4/2014)

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1775 WOODSIDE ROAD, SUITE 200
REDWOOD CITY, CALIFORNIA 94061
TELEPHONE [phone]

HOWARD ROME MARTIN & RIDLEY LLP

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JOSEPH C. HOWARD, JR., ESQ. [SBN. 050784] email: [e-mail]
TODD H. MASTER, ESQ. [SBN. 185881] email: [e-mail]
MELISSA M. HOLMES, ESQ. [SBN. 220961] email: [e-mail]
HOWARD ROME MARTIN & RIDLEY LLP
1775 Woodside Road, Suite 200
Redwood City, CA 94061
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
CITY OF SOUTH SAN FRANCISCO (sued herein as
CITY OF SOUTH SAN FRANCISCO POLICE
DEPARTMENT), MICHAEL MASSONI and
JOSHUA CABILLO
JOHN L. BURRIS, ESQ. [SBN. 69888] email: [e-mail]
DeWITT M. LACY, ESQ. [SBN. 258789] email: [e-mail]
THE LAW OFFICES OF JOHN L. BURRIS
Airport Corporate Centre
7677 Oakport Street, Suite 1120
Oakland, California 94621
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RACHEL GUIDO, et al.,

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Plaintiffs,

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vs.
CITY OF SOUTH SAN FRANCISCO POLICE
DEPARTMENT, et al.,
Defendants.

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Case No. C12-5578 JCS
JOINT CASE MANAGEMENT
CONFERENCE STATEMENT AND
[PROPOSED] ORDER
Date:
Time:
Dept.:
Judge:

September 5, 2014
2:00 p.m.
Courtroom G, 15th Floor
Magistrate Joseph C. Spero

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The parties in the above-entitled action jointly submit this Case Management Statement and

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request that the Court adopt it as its Case Management Order in this case.

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JOINT CASE MANAGEMENT CONFERENCE STATEMENT AND [PROPOSED] ORDER;
Case No. C C12-5578 JCS

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Status of Settlement

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On February 28, 2014, the parties appeared before Magistrate Judge Laurel Beeler for a

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settlement conference. With the able assistance of Magistrate Beeler, the parties reached a

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settlement. See February 28, 2014 Minute Order [Document 56].

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Since that time, another suit was filed relating to the underlying incident – a suit filed by the
decedent’s great aunt, Dolores Piper. See Piper v. Joshua Cabillo, NDCA Case No. CV 14-2579.

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Defendant Officer Joshua Cabillo filed a motion to dismiss the Piper lawsuit [Document No. 9]

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and plaintiffs herein filed a motion to enforce the settlement reached in this case [Document No.

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74]. Plaintiffs’ motion is currently scheduled to be heard on September 19, 2014. Defendants filed

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1775 WOODSIDE ROAD, SUITE 200
REDWOOD CITY, CALIFORNIA 94061
TELEPHONE [phone]

HOWARD ROME MARTIN & RIDLEY LLP

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opposition to plaintiffs’ motion on the grounds that the settlement was contingent on a global

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settlement of all claims and that the Piper litigation needed to be resolved before the settlement

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with plaintiffs could be finalized.

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On September 2, 2014, the Court dismissed the Piper lawsuit with prejudice [Document

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No. 14]. Judgment was entered in favor of Officer Cabillo in the Piper case on September 3, 2014

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[Document No. 15].

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In light of the dismissal of the Piper lawsuit, counsel for the parties herein has been in

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contact to finalize the settlement. The parties fully expect the settlement to be completed and

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dismissal entered within the next two weeks (prior to the hearing on plaintiffs’ motion to enforce

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the settlement).

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The parties respectfully request that the Case Management Conference scheduled for

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September 5, 2014 be continued 14 days to permit the filing of a request for dismissal in advance

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of the September 19th hearing.

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HOWARD ROME MARTIN & RIDLEY LLP

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Dated: September 3, 2014

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By: /s/ Todd H. Master
Todd H. Master
Attorneys for Defendants

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JOINT CASE MANAGEMENT CONFERENCE STATEMENT AND [PROPOSED] ORDER;
Case No. C C12-5578 JCS

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LAW OFFICES OF JOHN L. BURRIS

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Dated: September 3, 2014

By: /s/ DeWitt M. Lacy
DeWitt M. Lacy, Esq.
Attorneys for Plaintiffs

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CASE MANAGEMENT ORDER
The Case Management Statement and Proposed Order is hereby adopted by the Court as the
Case Management Order for the case and the parties are ordered to comply with this Order. This

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09/19
case will be scheduled for a further case management conference, if necessary, on __________,
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___________________________________________
pero
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MagistrateJuJudge Joseph C. Spero
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Dated: __________
9/4/14

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2014. at 2:00 PM

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1775 WOODSIDE ROAD, SUITE 200
REDWOOD CITY, CALIFORNIA 94061
TELEPHONE [phone]

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HOWARD ROME MARTIN & RIDLEY LLP

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________________
JOINT CASE MANAGEMENT CONFERENCE STATEMENT AND [PROPOSED] ORDER;
Case No. C C12-5578 JCS

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