Rodriguez v. City of Alameda et al

Filing 20

STIPULATION AND ORDER to Continue Time to Complete ENE and Continue Case Management Conference. Case Management Statement due by 2/23/2015. Further Case Management Conference set for 3/2/2015 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 12/15/2015. (tmi, COURT STAFF) (Filed on 12/16/2014)

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Gregory M. Fox, State Bar No. 070876
Joanne Tran, State Bar No. 294402
BERTRAND, FOX & ELLIOT
The Waterfront Building
2749 Hyde Street
San Francisco, California 94109
Telephone:
[phone]
Facsimile:
[phone]
E-mail: [e-mail]
JANET C. KERN, City Attorney (SBN 151887)
ALAN M. COHEN, Assistant City Attorney (SBN 177662)
CITY OF ALAMEDA
2263 Santa Clara Avenue, Room 280
Alameda, California 94501
Telephone:
[phone]
Facsimile:
[phone]
E-mail: [e-mail]
Attorneys for Defendants
City of Alameda and Cameron Miele

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL RODRIGUEZ,

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Plaintiff,

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v.
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Case No. 14-cv-02075-TEH
STIPULATION AND [PROPOSED] ORDER TO
CONTINUE TIME TO COMPLETE ENE AND
CONTINUING CMC UNTIL AFTER ENE
COMPLETED

CITY OF ALAMEDA, et al.,
Defendants.

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Defense counsel Gregory M. Fox was associated into this matter on July 11, 2014 after it was

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removed to federal court. The initial CMC was held September 15, 2014. The parties had stipulated to

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ENE and the matter was ordered to ENE with the ENE session to be completed by December 31, 2014.

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William Goodman was assigned as the ENE Evaluator and the ENE session is currently scheduled for

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December 17, 2014. The next CMC is January 5, 2015.

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Plaintiff contends that as a result of the police use of force he suffered a brain injury. The parties
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE ENE SESSION and CMC
Rodriguez v. City of Alameda, et al., USDC Northern Dist. Case No. 3:14-cv-02075-TEH

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have been cooperating in discovery and agreed that certain material witness depositions should be

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completed before the ENE session including the depositions of independent eye witnesses, the plaintiff,

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and the involved officers. To date, seven depositions have been completed. Scheduling issues with the

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remaining depositions have arisen which the parties agree show good cause for a continuance of the ENE

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deadline and the next CMC to allow for a meaningful ENE session. Therefore, the parties now stipulate

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for an Order continuing the deadline to complete the ENE so relevant discovery may be completed and

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continuing the CMC to a new date to allow completion of the ENE before the next CMC.

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Good cause exists for this continuance for the following reasons: Defendant Cameron Miele has

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been off work and out of state for personal family reasons from December 8 through December 15 and

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was thus unable to be deposed or attend the plaintiff's deposition that were both tentatively scheduled for

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the week of December 8, 2014. As defendant, Cameron Miele was a key participant in the incident that

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led to this action, and therefore his testimony in deposition is critical for a meaningful ENE session. As

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noted above, the parties have deposed a number of civilian witnesses; however, the parties have had

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trouble locating Brian Grappo, a key civilian witness, for deposition. Investigation into his whereabouts

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continues.

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accommodations for plaintiff's deposition and that meet and confer process is underway. Therefore, the

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parties agree that defendant Cameron Miele, plaintiff Michael Rodriguez and witness Brian Grappo

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should be deposed prior to the initial ENE session, and these depositions cannot be completed before the

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currently scheduled December 17, 2014 ENE session.

And plaintiff's counsel has met and conferred with defense counsel on certain

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Scheduling these depositions, holding the ENE session and attending the January 5, 2015 CMC

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are also complicated because defense counsel Gregory Fox is currently scheduled for a wrongful death

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police OIS jury trial set for January 12, 2015 before the Hon. William Orrick which involves Mr. Fox as

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trial counsel for the defendants in the matter of Dorger, et al v. City of Napa, et al, case number 3:12 CV

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00440 WHO, and expert discovery in that case is being scheduled for the last week of December, 2014

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and the first week of January, 2015.

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Based on these reasons, IT IS HEREBY STIPULATED between the parties, plaintiff Michael

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Rodriguez, represented by John E. Hill and defendants City of Alameda and Cameron Miele, represented

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by Gregory M. Fox that the following should become an Order of the Court:
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE ENE SESSION and CMC
Rodriguez v. City of Alameda, et al., USDC Northern Dist. Case No. 3:14-cv-02075-TEH

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1.

The early neutral evaluation session previously calendared for Wednesday, December 17,

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2014, shall be continued to a mutually convenient date for all parties and the Evaluator and to be

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completed within 90 days of the date of this Order.

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2.

The parties and their attorneys, and the early neutral evaluator, shall agree to a discovery

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and briefing schedule and the date for the ENE and, upon reaching such an agreement, shall file

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notification of the same with the Court.

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3.

The parties and their attorneys recognize that such continuance is made in good faith and

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the attorneys feel that the requested continuance of the ENE session will result in an evaluation that may

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facilitate resolution of the entire matter.

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4.

The parties request that the CMC now scheduled for January 5, 2015 be continued March

2, 2015 to allow time for completion of the ENE in February 2015.
SO STIPULATED.

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Dated: December 10, 2014

BERTRAND, FOX & ELLIOT

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By:

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/s/
Gregory M. Fox
Attorneys for Defendants
CITY OF ALAMEDA and CAMERON MIELE

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Dated: December 10, 2014

LAW OFFICES OF JOHN E. HILL

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By:

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/s/
John E. Hill
Attorney for Plaintiff
MICHAEL RODRIGUEZ

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE ENE SESSION and CMC
Rodriguez v. City of Alameda, et al., USDC Northern Dist. Case No. 3:14-cv-02075-TEH

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I, Gregory M. Fox, declare that I have reviewed this stipulation for continuance of ENE with

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counsel for the plaintiff and counsel has approved it as to form and further authorized me to show his

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signatures on this document as /s/ indicating his consent and approval for the e-filing of this document.
Dated: December 10, 2014

BERTRAND, FOX & ELLIOT

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By:

/s/
Gregory M. Fox
Attorneys for Defendants
CITY OF ALAMEDA and CAMERON MIELE

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ORDER

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Good cause appearing, the Stipulation SO ORDERED.

The deadline to complete ENE is

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continued 90 days from the date of this Order. The January 5, 2015 CMC is continued to March 2, 2015

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with a joint CMC statement to be filed February 23, 2015.

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12/15/2014

THELTON E. HENDERSON
UNITED STATES SENIOR DISTRICT JUDGE

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE ENE SESSION and CMC
Rodriguez v. City of Alameda, et al., USDC Northern Dist. Case No. 3:14-cv-02075-TEH

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