Joelle Burgess et al v. County of Mendocino et al

Filing 35

STIPULATION AND ORDER RESCHEDULING SETTLEMENT CONFERENCE: Re 34 Stipulation filed by County of Mendocino, KAITLYN OLSON. Settlement Conference set for March 9, 2017 at 10:30 a.m. Signed by Magistrate Judge Laurel Beeler on 12/22/2016. (lsS, COURT STAFF) (Filed on 12/22/2016)

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Anne L. Keck, State Bar No. 136315
KECK LAW OFFICES
418 B Street, Suite 206
Santa Rosa, California 95401
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendants the
County of Mendocino and
Sheriff’s Deputy Kaitlyn Olson

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOELLE BURGESS, et al.,
Case No. 16-cv-02414-WHO
Plaintiffs,

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JOINT STIPULATION TO RESCHEDULE
SETTLEMENT CONFERENCE; [PROPOSED]
ORDER

v.
COUNTY OF MENDOCINO, et al.,
Defendants.

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TO THE HONORABLE LAUREL BEELER, SETTLEMENT MAGISTRATE:
This Joint Stipulation is submitted by all named parties in this action, including: (1) Plaintiffs

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Victoria Lee Dalbec, Jason Jay Havranek, Joelle Burgess, and Kara Marzan (collectively,

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“Plaintiffs”); (2) Defendants the County of Mendocino and Sheriff’s Deputy Kaitlyn Olson

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(collectively, “County Defendants”); and (3) Defendant California Forensic Medical Group, Inc.

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(“CFMG Defendant”).

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By this Joint Stipulation, the parties request the Court to reschedule the settlement

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conference currently set in this matter for January 9, 2017, at 10:00 a.m., to one of the following

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dates provided by the Court’s Courtroom Deputy: (a) February 21, 2017, at 10:00 a.m.; or (b) March

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9, 2017, at 1:00 p.m. The parties submit that good cause supports this request, as set forth below.
RECITALS

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A.

Plaintiffs filed their complaint in this case on May 3, 2016, seeking damages related

to the death of their mother, Gloria Burgess, who was a jail inmate held in the custody of the
Joint Stipulation to Reschedule Settlement Conference, etc.

U.S.D.C. No. 16-cv-02414-WHO
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Mendocino County Sheriff’s Office. Plaintiffs’ complaint avers causes of action based on 42 U.S.C.

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§ 1983, common law negligence, and California Government Code § 845.6, generally related to the

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alleged deliberate indifference to the decedent’s medical needs and interference with their familial

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rights.

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B.

All named parties have answered the complaint, and the Court (the Honorable

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William Orrick presiding) has set a trial date for March 26, 2018. No motions are pending at this

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time. A further case management conference is set for February 7, 2017, at 2:00 p.m.

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C.

Pursuant to agreement of the parties, Judge Orrick assigned this case to Magistrate

Judge Beeler for purposes of settlement. On September 29, 2016, Magistrate Beeler issued a

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“Notice and Order Regarding Settlement Conference” setting the settlement conference to occur on

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January 31, 2017, at 10:00 a.m. (Dkt. No. 30).

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D.

On December 20, 2016, the parties received via ECF a Clerk’s Notice which

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informed them that Judge Beeler has a scheduling conflict on January 31st, and that the settlement

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conference was advanced to January 9, 2017, at 10:00 a.m.

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E.

Unfortunately, counsel for County Defendants, Anne Keck, has informed all parties

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that she is not available during the period December 29, 2016 through January 9, 2017, as she will

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be out of the country on a pre-paid (and non-refundable) vacation until January 10, 2017. Ms. Keck

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filed a Notice of Unavailability with respect to those dates on December 20, 2016 (Dkt. No. 33),

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after receiving the Clerk’s Notice. She has also consulted with the Magistrate Judge Beeler’s

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Courtroom Deputy with respect to alternate settlement conference dates currently available on the

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Court’s calendar, and has provided such information to counsel for all parties.

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WHEREFORE, the parties to this stipulation hereby agree and request entry of an order as
follows:

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STIPULATION
1.

The parties request the Court to vacate the currently scheduled settlement conference

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date of January 9, 2017, and to reschedule it to either of the following: (a) February 21, 2017, at

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10:00 a.m.; or (b) March 9, 2017, at 1:00 p.m.

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Joint Stipulation to Reschedule Settlement Conference, etc.

U.S.D.C. No. 16-cv-02414-WHO
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2.

Nothing in this Stipulation and request for order is intended to modify the other

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matters addressed in any Court order unless expressly identified herein, nor does it preclude the

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parties from seeking additional relief from this Court, to amend this stipulation and order or

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otherwise.

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Respectfully Submitted,
Dated: December 21, 2016

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Keck Law Offices
By:

/s/ Anne L. Keck
Anne L. Keck
Attorneys for County Defendants

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Dated: December 22, 2016

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Law Offices of Jerome M. Varanini
By:

/s/ Jerome M. Varanini
Jerome M. Varanini
Attorneys for CFMG Defendant

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Dated: December 21, 2016

Law Offices of John L. Burris
By:

/s/ Benjamin Nisenbaum
Benjamin Nisenbaum
Attorneys for Plaintiffs

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Joint Stipulation to Reschedule Settlement Conference, etc.

U.S.D.C. No. 16-cv-02414-WHO
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[PROPOSED] ORDER
Pursuant to and in accordance with the foregoing Stipulation, and with good cause appearing,
IT IS HEREBY ORDERED as follows:
1.

The settlement conference date of January 9, 2017, is hereby vacated, and the

settlement conference in this action shall be set for (check one):

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___ February 21, 2017, at 10:00 a.m.

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___ March 9, 2017, at 1:00 p.m.

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2.

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a.m. 10:30 a.m.

All other matters set out in the Settlement Order issued on September 29, 2016 (Dkt.

No. 30) shall remain in effect.

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IT IS SO ORDERED.

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December 22,
Date: _____________2016

____________________________________
HONORABLE LAUREL BEELER
United States Magistrate Judge

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Joint Stipulation to Reschedule Settlement Conference, etc.

U.S.D.C. No. 16-cv-02414-WHO
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