Cicala et al v. City of San Jose et al

Filing 61

ORDER REGARDING MOTION FOR CLASS CERTIFICATION AND CASE MANAGEMENT STATUS REPORT. Signed by Judge Claudia Wilken on 10/7/2011. (ndr, COURT STAFF) (Filed on 10/7/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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PAUL CICALA, et al.,

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No. C 08-04032 CW
C 09-00176 RMW
C 09-02617 EJD

Plaintiffs,
v.

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CITY OF SAN JOSE, et al.,

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Defendants.
________________________________/

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United States District Court
For the Northern District of California

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FRANCISCO VALDEZ, et al.,

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ORDER REGARDING
MOTION FOR CLASS
CERTIFICATION AND
CASE MANAGEMENT
STATUS REPORT

Plaintiffs,
v.

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CITY OF SAN JOSE, et al.,

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Defendants.
________________________________/

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RONALD HEIMAN,

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Plaintiff,
v.
OFFICE JOHNSON, BADGE NO. 3827;
et al.,
Defendants.
________________________________/

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The present cases have been ordered related with respect to
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their claims for injunctive relief under the theory of municipal
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liability established in Monell v. Department of Social Services,
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436 U.S. 658 (1989).

C 08-04032 CW, Docket No. 38;

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C 09-02617 EJD, Docket No. 34; C 09-00176 RMW, Docket No. 21.
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On

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August 24, 2011, the Court approved the parties' stipulation to

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vacate the case management conference that was set for August 26,

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2011 and extended indefinitely the briefing schedule for

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Plaintiffs' motion for class certification in the Valdez case.

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One reason the Court extended the deadline for the motion for

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class certification was to permit the Cicala and Heiman Plaintiffs

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to settle their Monell claims.

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Court confirmed that the Cicala and Heiman Plaintiffs were

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permitted to settle those claims, as long as the parties to those

Previously, on August 17, 2011,

United States District Court
For the Northern District of California

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actions, including the municipal defendants, stipulate that any

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settlement will not have any effect on the claims or defenses in

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the Valdez case.

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Thus far, Plaintiffs in the Cicala and Heiman actions have

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not reported whether they have settled their Monell claims.

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However, given the age of the present cases, the Court will not

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delay the class certification motion indefinitely.

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parties in all three actions shall submit a joint status report

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within fourteen days of this order.

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(1) what efforts have been made to settle the actions, (2) a

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proposed briefing schedule for a motion for class certification in

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the Valdez action, and (3) any other matters that may delay

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briefing on the motion for class certification.

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Therefore, the

The report shall address

IT IS SO ORDERED.

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Dated: 10/7/2011

CLAUDIA WILKEN
United States District Judge

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