Spitzer et al v. Aljoe et al

Filing 146

ORDER IN PREPARATION FOR GOOD FAITH SETTLEMENT HEARING re 135 Notice and 136 Stipulation. Signed by Judge Maria-Elena James on 10/1/2015. (cdnS, COURT STAFF) (Filed on 10/1/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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THOMAS A. SPITZER, et al.,

Case No. 13-cv-05442-MEJ

Plaintiffs,
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ORDER IN PREPARATION FOR GOOD
FAITH SETTLEMENT HEARING

v.
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TRISHA A. ALJOE, et al.,

Re: Dkt. Nos. 135, 136

Defendants.

United States District Court
Northern District of California

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On August 7, 2015, Plaintiffs Thomas “Leroy” Spitzer and Craig Spitzer (“Plaintiffs”) and

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Defendants City of Pleasanton, Trisha Aljoe, Jonathan Lowell, George Thomas, Walter

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Wickboldt, Officer Ryan Tujague, and Robert Leong (“City Defendants”) engaged in court-

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ordered mediation, which resulted in a settlement agreement. Dkt. No. 135 at 5. Pending before

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the Court is the City Defendants’ Application for a Good Faith Settlement Determination pursuant

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to California Civil Code sections 877 and 877.6. Dkt. No. 136. A hearing on the matter is set for

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October 8, 2015. Dkt. No. 135.

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On September 12, 2015, Plaintiffs filed a Motion for Leave to File a Motion for

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Reconsideration with respect to the Court’s Order denying Plaintiffs’ Motion for Leave to File a

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Third Amended Complaint, or in the alternative for Leave to File a Motion for Leave to Amend.

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Dkt. No. 139. Specifically, Plaintiffs seek to re-assert claims against a former Defendant, J.

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Benjamin McGrew, whom the Court previously dismissed. Id.; see Dkt. No. 44 (Order re: Mot. to

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Dismiss McGrew). The Court recently granted that Motion in part, permitting Plaintiffs Leave to

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File a Motion to Amend their Complaint, on the basis that Plaintiffs may possess facts establishing

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a viable claim against McGrew. Dkt. No. 145. The Court ordered Plaintiffs to file their motion by

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October 29, 2015. Id.

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Given the Court’s decision to allow Plaintiffs to file a motion to amend, and the potential
that McGrew may re-enter these proceedings, the Court ORDERS as follows:
(1) The City Defendants shall be prepared to discuss at the hearing the potential impact of

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McGrew’s re-entry to this case on their Application for a Good Faith Settlement

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Determination, paying particular importance to the proportionality factor.

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(2) As McGrew may also be affected by the City Defendants’ Good Faith Settlement

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Determination, McGrew shall attend the hearing on October 8, 2015 at 10:00 a.m. in

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Courtroom B, located on the 15th floor of 450 Golden Gate Avenue in San Francisco,

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California, and be prepared to meaningfully discuss the City Defendants’ Application.

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IT IS SO ORDERED.

United States District Court
Northern District of California

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Dated: October 1, 2015
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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