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)

Download PDF
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 THOMAS A. SPITZER, et al., Case No. 13-cv-05442-MEJ Plaintiffs, 8 ORDER IN PREPARATION FOR GOOD FAITH SETTLEMENT HEARING v. 9 10 TRISHA A. ALJOE, et al., Re: Dkt. Nos. 135, 136 Defendants. United States District Court Northern District of California 11 12 13 On August 7, 2015, Plaintiffs Thomas “Leroy” Spitzer and Craig Spitzer (“Plaintiffs”) and 14 Defendants City of Pleasanton, Trisha Aljoe, Jonathan Lowell, George Thomas, Walter 15 Wickboldt, Officer Ryan Tujague, and Robert Leong (“City Defendants”) engaged in court- 16 ordered mediation, which resulted in a settlement agreement. Dkt. No. 135 at 5. Pending before 17 the Court is the City Defendants’ Application for a Good Faith Settlement Determination pursuant 18 to California Civil Code sections 877 and 877.6. Dkt. No. 136. A hearing on the matter is set for 19 October 8, 2015. Dkt. No. 135. 20 On September 12, 2015, Plaintiffs filed a Motion for Leave to File a Motion for 21 Reconsideration with respect to the Court’s Order denying Plaintiffs’ Motion for Leave to File a 22 Third Amended Complaint, or in the alternative for Leave to File a Motion for Leave to Amend. 23 Dkt. No. 139. Specifically, Plaintiffs seek to re-assert claims against a former Defendant, J. 24 Benjamin McGrew, whom the Court previously dismissed. Id.; see Dkt. No. 44 (Order re: Mot. to 25 Dismiss McGrew). The Court recently granted that Motion in part, permitting Plaintiffs Leave to 26 File a Motion to Amend their Complaint, on the basis that Plaintiffs may possess facts establishing 27 a viable claim against McGrew. Dkt. No. 145. The Court ordered Plaintiffs to file their motion by 28 October 29, 2015. Id. 1 2 3 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 4 McGrew’s re-entry to this case on their Application for a Good Faith Settlement 5 Determination, paying particular importance to the proportionality factor. 6 (2) As McGrew may also be affected by the City Defendants’ Good Faith Settlement 7 Determination, McGrew shall attend the hearing on October 8, 2015 at 10:00 a.m. in 8 Courtroom B, located on the 15th floor of 450 Golden Gate Avenue in San Francisco, 9 California, and be prepared to meaningfully discuss the City Defendants’ Application. 10 IT IS SO ORDERED. United States District Court Northern District of California 11 12 13 14 Dated: October 1, 2015 ______________________________________ MARIA-ELENA JAMES United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?