Blocker v. County of Contra Costa et al

Filing 61

ORDER granting 60 STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference filed by Trevor Schnitzius, Kristopher Kint, City of Antioch, White. Further Case Management Conference reset for 8/16/2013 08:30 AM in Courtroom 6, 17th Floor, San Francisco. Signed by Judge Charles R. Breyer on 6/3/2013. (beS, COURT STAFF) (Filed on 6/3/2013)

1
2
3
4

ROBERT R. POWELL, ESQ. CSB# 159747
BRETT O. TERRY, ESQ.
CSB# 270694
LAW OFFICES OF ROBERT R. POWELL
925 West Hedding Street
San Jose, California 95126
[phone] Telephone
[phone] Facsimile

5
6

8
9
ATTORNEYS AT LAW
1211 NEWELL AVENUE, WALNUT CREEK, CA 94596
TELEPHONE: [phone]

McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP

7

10
11
12
13
14
15

Attorneys for Plaintiffs
JAMES V. FITZGERALD, III, ESQ. CSB# 55632
PETRA BRUGGISSER CSB# 241173
MCNAMARA, NEY, BEATTY, SLATTERY,
BORGES & AMBACHER LLP
1211 Newell Avenue
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
CITY OF ANTIOCH, TREVOR SCHNITZIUS, KRISTOPHER
KINT, and OFFICER WHITE
ADDITIONAL COUNSEL AND PARTIES , SEE NEXT
PAGE

16

UNITED STATES DISTRICT COURT

17

NORTHERN DISTRICT OF CALIFORNIA

18
19
20

FORREST BLOCKER, individually and as
Guardian Ad Litem for her minor child,
M.B.,

21
22
23
24
25
26

Plaintiffs,

Case No. CV12-05597 CRB
STIPULATION AND ORDER TO
CONTINUE CASE MANAGEMENT
CONFERENCE

vs.
COUNTY OF CONTRA COSTA, LORI
CASTILLO, MEGHAN SCHULZE,
NICOLE GREMILLION, LYNDA
EHRICH, MARY LOGGER, CITY OF
ANTIOCH, TREVOR SCHNITZIUS,
KRISTOPHER KINT, OFFICER WHITE,
PAULA MCEVOY, and Does 1-10,
inclusive,

27
Defendants.
28
Case No. CV12-05597 CRB - STIPULATION
AND ORDER TO CONTINUE CMC

CMC: 6/14/13
Time: 8:30 a.m.
Courtroom 6, 17th floor
450 Golden Gate, San Francisco, Ca.
Hon. Charles R. Breyer

1
2
3
4

PETER M. REHON, ESQ. CSB # 1000123
TYLER J. OLSON, ESQ. CSB 220796
REHON & ROBERTS
A Professional Corporation
830 The Alameda
San Jose, CA 95126
Telephone: [phone]
Facsimile: [phone]

5
6

Attorneys for Defendants
LYNDA EHRICH and MARY LOGGER

8
9
ATTORNEYS AT LAW
1211 NEWELL AVENUE, WALNUT CREEK, CA 94596
TELEPHONE: [phone]

McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP

7

10
11
12

SHARON L. ANDERSON, ESQ. CSB # 94814
County Counsel
MONIKA L. COOPER, ESQ. CSB # 193729
Supervising Deputy County Counsel
JANICE AMENTA, ESQ. CSB #161260
Deputy County Counsel
COUNTY OF CONTRA COSTA
651 Pine Street, Ninth Floor
Martinez, California 94553
Telephone: [phone]
Facsimile: [phone]

13
14

Attorneys for Defendants
COUNTY OF CONTRA COSTA, MEGHAN SCHULZE,
NICOLE GREMILLION, AND LORI CASTILLO

15
16
17
18
19
20
21
22
23
24
25
26
27
28
Case No. CV12-05597 CRB - STIPULATION
AND ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE

2

1
2

All parties to this action, believing that good cause exists, stipulate and agree, by and
through their respective counsel, as follows:

3

1.

The parties have exchanged written discovery and document production requests

following the initial case management conference. However, due to several obstacles, especially

5

the Contra Costa County Superior Court’s process involving the release of the juvenile

6

dependency court records and the parties’ efforts to agree upon and obtain a stipulated protective

7

order before exchanging confidential documents, the parties have not been able to produce any

8

documents in this case until this week.

9
ATTORNEYS AT LAW
1211 NEWELL AVENUE, WALNUT CREEK, CA 94596
TELEPHONE: [phone]

McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP

4

2.

Specifically, obtaining the juvenile dependency court records from the Contra

10

Costa County Superior Court has been a particularly challenging process. Even though a request

11

for the release of the juvenile case file was submitted on January 17th, 2013, the records were not

12

made available by the court until May 28, 2013. The delay was largely due to the number of such

13

requests in the Contra Costa County Superior Court and the fact that a new judge, who was

14

unfamiliar with the process, had been assigned to deal with the requests at the beginning of this

15

year.

16

3.

In addition, due to the confidential nature of the underlying juvenile proceedings

17

and the involvement of a minor plaintiff, the parties wanted to ensure that a protective order was

18

in place before exchanging any confidential documents. The Court signed the parties’ stipulated

19

protective order on May 24, 2013. (See Doc. # 59, filed May 24, 2013).

20

4.

Absent the production of any documents, the parties have not taken any

21

depositions in this case to date. However, now that the juvenile case file has been released and

22

the Court has signed the protective order, the parties are in the process of producing documents in

23

this case. Once the documents have been exchanged, the parties will need sufficient time to

24

evaluate the information and will then schedule the depositions of the involved parties. The

25

parties believe that they will be in a position to schedule the depositions within the next 45-60

26

days, prior to the settlement conference with Hon. Magistrate Judge Maria Elena James.

27
28

5.

A Settlement Conference has been scheduled with Magistrate Judge Maria-Elena

James on July 12, 2013.
Case No. CV12-05597 CRB - STIPULATION
AND ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE

3

1

6.

Based on the foregoing, the parties wish to continue to Case Management

2

Conference, which is currently set for June 14, 2013, for 60 days to allow the parties sufficient

3

time to conduct their discovery and to evaluate the case. The parties believe that good cause

4

exists for such reasonable continuation to save judicial time, resources, fees and costs.

5

7.

Therefore, the parties seek the Court’s approval to continue the Case Management

Conference, currently set for June 14, 2013, for 60 days to at date and time chosen by the Court at

7

the Court’s convenience and availability.

8
Respectfully submitted,

9
ATTORNEYS AT LAW
1211 NEWELL AVENUE, WALNUT CREEK, CA 94596
TELEPHONE: [phone]

McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP

6

10

Date: May 30, 2013

___ ______/s/_Powell, Robert____________
ROBERT POWELL
Attorney for Plaintiffs

Date: May 30, 2013

_________/s/_Fitzgerald, James____________
JAMES V. FITZGERALD, III
Attorney for City of Antioch
Defendants

Date: May 30, 2013

________ /s/_Rehon, Peter______________
PETER REHON
Attorney for M. Logger
And L. Ehrich

Date: May 30, 2013

__________/s/_Amenta, Janice___________
JANICE AMENTA
Attorney for County of
Contra Costa Defendants

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Case No. CV12-05597 CRB - STIPULATION
AND ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE

4

1

ORDER

2
3
4
5
6

PURSUANT TO THE FOREGOING STIPULATION, THE COURT ORDERS AS
FOLLOWS:
The Case Management Conference, currently set for June 14, 2013, is continued to
August 16, 2013, 2013 at 8:30 a.m..

7
Dated: June 3, 2013

S
UNIT
ED

By:

S DISTRICT
TE
C
TA

RT
U
O

Honorable Charles R. Breyer
ED
United States District CourtDER
SO OR Judge

14

16
17
18
19
20
21
22
23
24
25
26
27
28
Case No. CV12-05597 CRB - STIPULATION
AND ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE

5

. Breyer

arles R
udge Ch

J

ER

H

15

R NIA

13

IT IS

FO

12

LI

11

A

10

RT

ATTORNEYS AT LAW
1211 NEWELL AVENUE, WALNUT CREEK, CA 94596
TELEPHONE: [phone]

9

NO

McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP

IT IS SO ORDERED
8

N

F
D IS T IC T O
R

C