Savin v. City and County of San Francisco et al

Filing 121

STIPULATION AND ORDER re 116 STIPULATION WITH PROPOSED ORDER Setting Motins for Determination of Good Faith Settlement filed by Archdiocese of San Francisco. Signed by Judge Jon S. Tigar on May 22, 2018. (wsn, COURT STAFF) (Filed on 5/22/2018)

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Lisa Barnett Sween (SBN 191155)
Amelia Sanchez-Moran (SBN 281219)
JACKSON LEWIS P.C.
50 California Street, 9th Floor
San Francisco, CA 94111-4615
Telephone
415.394.9400
Facsimile
415.394.9401
Email:
[e-mail]
[e-mail]

Michael A. Laurenson (SBN 190023)
Sara A. Moore (SBN 294255)
GORDON & REES
SCULLY MANSUKHANI LLP
275 Battery St., Suite 2000
San Francisco, CA 94111
Telephone
415.986.5900
Facsimile
415.986.8054
Email: [e-mail]
[e-mail]

Attorneys for Defendant
THE ROMAN CATHOLIC ARCHBISHOP
OF SAN FRANCISCO, A Corporation Sole
(erroneously sued as the ARCHDIOCESE OF
SAN FRANCISCO)

Attorneys for Cross-Defendant
REGENTS OF THE UNIVERSITY OF
CALIFORNIA

Paul E. Gaspari, (SBN 76496)
Daniel C. Zamora (SBN 224375)
WEINTRAUB TOBIN CHEDIAK
COLEMAN GRODIN law corporation
475 Sansome Street, Suite 1800
San Francisco, CA 94111
Telephone
415.433.1400
Facsimile
415.433.3883
Email: [e-mail]
[e-mail]

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Attorneys for Defendant
FATHER BRUCE LERY
DENNIS J. HERRERA, State Bar #139669
City Attorney
YVONNE MERÉ, State Bar #173180
Chief of Complex and Affirmative Litigation
KENNETH M. WALCZAK, State Bar #247389
Deputy City Attorney
Fox Plaza, 1390 Market Street, Sixth Floor
San Francisco, California 94102-5408
Telephone:
[phone]
Email:
[e-mail]

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Attorneys for Defendant/Third-Party
Plaintiff/Cross-Claimant/Counter-Defendant
CITY AND COUNTY OF SAN FRANCISCO

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David M. Poore (SBN 192541)
Scott A. Brown (SBN 177099)
BROWN POORE LLP
1350 Treat Boulevard, Suite 420
Walnut Creek, CA 94597
Telephone: [phone]
Facsimile: 925.955.8600
Email: [e-mail]
Attorneys for Plaintiff
KATHERINE SAVIN
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STIPULATION AND PROPOSED ORDER

Case No. 3:16-cv-5627 JST

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KATHERINE SAVIN,

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Plaintiff,

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Case No. 3:16-CV-05627-JST
JOINT STIPULATION AND
[PROPOSED] ORDER SETTING
MOTIONS FOR DETERMINATION
OF GOOD FAITH SETTLEMENT

v.
CITY AND COUNTY OF SAN
FRANCISCO; ARCHDIOCESE OF SAN
FRANCISCO; FATHER BRUCE LERY;
HEATHER HARRIS, M.D.; ANNE
KINDERMAN, M.D.; and DOES 1 through
10, inclusive,

Hon. Jon S. Tigar
Complaint Filed: October 4, 2016
Trial Date:
None Set

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Defendants.
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_____________________________________
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AND RELATED CROSS-COMPLAINTS
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Plaintiff KATHERINE SAVIN (“Plaintiff”) and Defendants CITY AND COUNTY OF

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SAN FRANCISCO (the “City”), THE ROMAN CATHOLIC ARCHBISHOP OF SAN

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FRANCISCO, A Corporation Sole (erroneously sued as the ARCHDIOCESE OF SAN

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FRANCISCO) (“ASF”), FATHER BRUCE LERY, and Cross-Defendant REGENTS OF THE

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UNIVERSITY OF CALIFORNIA (“Regents”) (together, “the parties”) by and through their

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counsel of record, jointly enter into the following stipulation:

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Plaintiff has reached agreements to settle her claims against the Regents, ASF, and the City
(contingent on approval by the City’s Board of Supervisors).
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STIPULATION AND PROPOSED ORDER

Case No. 3:16-cv-5627 JST

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Defendants Regents and ASF have filed motions for good faith determination of settlement,

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which are pending before this Court. The City will file its motion for good faith settlement no later

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than Monday, May 21, 2018 (collectively, the “Motions”). The purpose of the Motions is to

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extinguish all counterclaims, cross-claims, and third-party claims involving the settling parties

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exclusively.

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The parties stipulate and agree that holding one hearing date on the motions would be fair
and expeditious.

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THEREFORE, the parties hereby stipulate that good cause exists to set the hearing on the

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Motions on June 14, 2018, at 2:00 pm, with any opposition due no later than May 29, 2018. The

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parties agree to have the Motions heard on shortened time, and without the need for reply briefs.

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The parties agree that the Court may hear the motions without the need for oral argument,

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particularly if no oppositions are filed.

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The parties are not making this request for the purposes of delay, and no party would suffer

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any prejudice if this stipulation were granted. Indeed, the parties believe that judicial economy can

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best be served by ensuring that the Motions are heard at one time.

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IT IS SO STIPULATED.
Dated: May 21, 2018

JACKSON LEWIS P.C.
By:

__/s/ Amelia Sanchez-Moran________________
Lisa Barnett Sween
Amelia Sanchez-Moran
Attorneys for Defendant
THE ROMAN CATHOLIC ARCHBISHOP OF
SAN FRANCISCO, a corporation sole (erroneously
sued as the ARCHDIOCESE OF SAN
FRANCISCO)

By:

_/s/ David M. Poore ________________ _______
David M. Poore
Scott A. Brown
Attorneys for Plaintiff
KATHERINE SAVIN

By:

_/s/ Paul E. Gaspari______________ __________
Paul E. Gaspari
Daniel C. Zamora
Attorneys for Defendant
FATHER BRUCE LERY

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STIPULATION AND PROPOSED ORDER

Case No. 3:16-cv-5627 JST

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DENNIS J. HERRERA
City Attorney
KENNETH M. WALCZAK
Deputy City Attorney

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By:

_/s// Kenneth M. Walczak__________________
Kenneth M. Walczak
Attorneys for
CITY AND COUNTY OF SAN FRANCISCO

By:

/s/ Michael A. Laurenson
Michael A. Laurenson
Attorneys for Cross Defendant
REGENTS OF THE UNIVERSITY OF
CALIFORNIA

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CIVIL LOCAL RULE 5-1(i)(3) ATTESTATION
I hereby attest that concurrence in the filing of this document has been obtained from each

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of the other signatories to this document.

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DATED: May 21, 2018

By:

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/s/David M. Poore
DAVID M. POORE
Attorney for Plaintiff

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[PROPOSED] ORDER

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GOOD CAUSE SHOWING, the Stipulation is GRANTED.

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IT IS HEREBY ORDERED that the hearing on the motions for good faith determination

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of settlement shall be set on June 14, 2018, and any opposition shall be due no later than May 29,

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2018. It is further ORDERED that these motions can be heard on shortened time, and without the

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necessity of a hearing.

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SO ORDERED.

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Dated: May __, 2018

___________________________________
UNITED STATES DISTRICT COURT

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STIPULATION AND PROPOSED ORDER

Case No. 3:16-cv-5627 JST