Sheehan v. Bay Area Rapid Transit et al

Filing 59

STIPULATION AND ORDER EXCUSING NOLAN PIANTA AND MICHAEL STOLZMAN FROM ATTENDING THE SETTLEMENT CONFERENCE. Signed by Chief Magistrate Judge Joseph C. Spero on 8/5/15. (klhS, COURT STAFF) (Filed on 8/6/2015) Modified on 8/6/2015 (klhS, COURT STAFF).

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OWEN T. ROONEY, ESQ. (Bar No. 127830)
EDRINGTON, SCHIRMER & MURPHY
The Terraces
2300 Contra Costa Blvd., Suite 450
Pleasant Hill, CA 94523
Telephone: [phone]

[G.C. 6103]

Attorney for Defendants BAY AREA RAPID TRANSIT DISTRICT
and NOLAN PIANTA

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO BRANCH

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MEGAN SHEEHAN,

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Plaintiff,
v.

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BAY AREA RAPID TRANSIT DISTRICT,
NOLAN PIANTA, and DOES1-20, inclusive.

Case No. C14-03156 LB
STIPULATION AND [PROPOSED]
ORDER EXCUSING NOLAN PIANTA
AND MICHAEL STOLZMAN FROM
ATTENDING THE SETTLEMENT
CONFERENCE

Defendants.
____________________________________/

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Plaintiff, MEGAN SHEEHAN, by and through her undersigned attorney of record, and

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defendants, BAY AREA RAPID TRANSIT DISTRICT and NOLAN PIANTA and the CITY OF

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OAKLAND and MICHAEL STOLZMAN, through their undersigned attorney of record, hereby

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stipulate and request this court’s order as follows:

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1.

This civil rights action alleges excessive force at Santa Rita Jail on March 17,

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Nolan Pianta is a police officer employed with the BART Police Dept. and a

2014.

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named defendant. Michael Stolzman is a police officer employed with the Oakland Police

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Dept. and a named defendant.

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3.

This case is scheduled for a Settlement Conference with Chief Magistrate Judge

Spero on September 24, 2015.
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Case No. C14-03156 LB – Stipulation and [Proposed] Order Excusing Pianta and Stolzman

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4.

It is requested that Nolan Pianta’s attendance at the Settlement Conference be

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excused. First, Nolan Pianta is scheduled to be on vacation and out of state on September 24,

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2015. Secondly, Mr. Pianta is a not decision-maker for settlement purposes. An authorized

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BART representative with the authority to settle will attend the Settlement Conference.

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5.

It is requested that Michael Stolzman’s attendance at the Settlement

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Conference be excused. Mr. Stolzman is a not decision-maker for settlement purposes. An

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authorized City of Oakland representative with the authority to settle will attend the Settlement

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Conference.

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6.

All counsel have agreed that the appearances of Mr. Pianta and Mr. Stolzman

may be excused from the Settlement Conference.

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IT IS SO STIPULATED
DATED: July 28, 2015

SCOTT LAW FIRM

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By:

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/s/
Lizabeth de Vries, Esq.

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DATED: July 28, 2015

OFFICE OF THE CITY ATTORNEY

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By:

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DATED: July 28, 2015

/s/
James Hodgkins, Esq.

EDRINGTON, SCHIRMER & MURPHY LLP

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By:

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S
UNIT
ED

August 5
DATED: July____, 2015

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C. Sper

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FO

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seph
Judge Jo
By______________________________
Chief Magistrate Judge Joseph C. Spero
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IT IS SO ORDERED

ISTRIC
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/s/
Owen T. Rooney

R NIA

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F
D IS T IC T O
R

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Case No. C14-03156 LB – Stipulation and [Proposed] Order Excusing Pianta and Stolzman

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CERTIFICATION BY OWEN T. ROONEY PURSUANT TO LOCAL RULE NO.5-1,
SECTION (i)(3). RE E-FILING ON BEHALF OF MULTIPLE SIGNATORIES

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1.

I am an attorney licensed to practice law in the State of California, and am an

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attorney in the law firm of Edrington, Schirmer & Murphy, counsel for Defendants Bay Area

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Rapid Transit District and Nolan Pianta. The statements herein are made on my personal

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knowledge, and if called as a witness, I could and would testify thereto.

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2.

The above e-filed document contains multiple signatures.

I declare that

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concurrence has been obtained from each of the other signatories to file this jointly prepared

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document with the Court. Pursuant to Local Rule 5-1, section (i)(3), I shall maintain records to

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support this concurrence for subsequent production for the Court if so ordered, or for inspection

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upon request by a party until one year after final resolution of the action (including appeal, if

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any).

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I declare under penalty of perjury under the laws of the United States of California that
the foregoing is true and correct on July 28, 2015.

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/s/
Owen T. Rooney

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Case No. C14-03156 LB – Stipulation and [Proposed] Order Excusing Pianta and Stolzman