K.B. et al v. Alameda County et al

Filing 43

ORDER VACATING ORDER TO SHOW CAUSE HEARING: Re 42 Notice (Other) filed by K.B. Signed by Magistrate Judge Laurel Beeler on 11/17/2015. (lsS, COURT STAFF) (Filed on 11/17/2015)

1 JOHN L. BURRIS, ESQ. SBN 69888
BENJAMIN NISENBAUM, ESQ. 222173
2 LAW OFFICES OF JOHN L. BURRIS
Airport Corporate Center
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7677 Oakport Street, Suite 1120
4 Oakland, California 94621
Telephone: [phone] Facsimile: [phone]
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6 Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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10 K.B., a Successor-in-Interest to Decedent
by and through his
11 ROBBIE SPRIGGS, KIYERA BYRONE;
Guardian Ad Litem,
12 BRENDA COOK, an individual, and JOHN
SPRIGGS, an individual
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Plaintiffs,
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vs.
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COUNTY OF ALAMEDA, a municipal
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corporation; ANTHONY ANIASCO, in his
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individual and official capacity as a Sergeant for )
the Alameda County Sheriff’s Department,
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GLENN ARRIVAS, in his individual and official )
capacity as a Deputy for the Alameda County
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Sheriff’s Department, and DOES 1-50,
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Defendants.
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Case No.: C-14-04676 LB
NOTICE OF COMPLIANCE WITH
ORDER TO SHOW CAUSE AND
[PROPOSED] ORDER TO VACATE
ORDER TO SHOW CAUSE HEARING
DATE:
TIME:
DEPT:
JUDGE:

November 19, 2015
11:00 a.m.
Courtroom C, 15th Floor
Hon. Laurel Beeler

Complaint Filed: October 21, 2014

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NOTICE OF COMPLIANCE WITH ORDER TO SHOW CAUSE
Minor Plaintiff K.B.’s Guardian Ad Litem in this action, KIYERA BYRONE, hereby

24 notifies the Court and all parties that she has complied with the Court’s November 10, 2015 Order
25 to Show Cause (Doc. No. 41), by bringing Minor Plaintiff K.B. to C-DAT in Vallejo for DNA
26 testing to confirm the paternity of Decedent ROBBIE SPRIGGS and submitting a DNA sample
27 today, after having been served with the Order to Show Cause. Plaintiffs’ counsel has verified the
28 compliance and testing with C-DAT independently from Ms. BYRONE.
-1NOTICE OF COMPLIANCE WITH ORDER TO SHOW CAUSE AND ORDER VACATING OSC HEARING
K.B., et al. v. County of Alameda, et al., U.S. District Court, N. Dist. of California Case No.: C-14-04676 LB

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In light of the compliance, Ms. BYRONE and Plaintiffs’ counsel respectfully request the

2 Court discharge the Order to Show Cause and vacate the hearing on the Order to Show Cause
3 currently set for November 19, 2015 at 11:00 a.m.
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Respectfully submitted,

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DATED: November 16, 2015

THE LAW OFFICES OF JOHN L. BURRIS

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By: /s/ Benjamin Nisenbaum, Esq.
BENJAMIN NISENBAUM, ESQ.
Attorneys for Plaintiffs
K.B., a Successor-in-Interest to
Decedent ROBBIE SPRIGGS, by and
through his Guardian Ad Litem,
KIYERA BYRONE; BRENDA
COOK, an individual, and JOHN
SPRIGGS, an individual

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-2NOTICE OF COMPLIANCE WITH ORDER TO SHOW CAUSE AND ORDER VACATING OSC HEARING
K.B., et al. v. County of Alameda, et al., U.S. District Court, N. Dist. of California Case No.: C-14-04676 LB

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[PROPOSED] ORDER
In light of KIYERA BYRONE’s compliance with this Court’s November 10, 2015 Order
to Show Cause (Doc. No. 41), as confirmed and represented by Plaintiffs’ counsel, the Court
hereby discharges the Order to Show Cause and vacates the Order to Show Cause hearing set for
November 19, 2015 at 11:00 a.m.

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IT IS SO ORDERED.

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November 17,
Dated:__________

2015

____________________________________
Hon. Laurel Beeler
UNITED STATES MAGISTRATE JUDGE

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-3NOTICE OF COMPLIANCE WITH ORDER TO SHOW CAUSE AND ORDER VACATING OSC HEARING
K.B., et al. v. County of Alameda, et al., U.S. District Court, N. Dist. of California Case No.: C-14-04676 LB