Davis et al v. California Department of Corrections and Rehabilitation et al

Filing 67

STIPULATION AND ORDER GRANTING in Part and DENYING in part 50 Motion to Dismiss. A Telephonic Case Management Conference is set for 6/2/2010 02:30 PM. Motions terminated: 61 Ex Parte Motion to Extend Dispositive Motion and Discovery Cut-off Dates, 55 Motion to Appear by Telephone. Signed by Judge Saundra Brown Armstrong, on 12/17/09. (lrc, COURT STAFF) (Filed on 12/18/2009) Modified on 12/21/2009 (jlm, COURT STAFF).

Download PDF
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EDMUND G. BROWN JR. Attorney General of California MIGUEL A. NERI FIEL D. TIGNO Supervising Deputy Attorneys General KAREN KIYO HUSTER BONNIE J. CHEN Deputy Attorney General State Bar No. 219394 1515 Clay Street, 20th Floor P.O. Box 70550 Oakland, CA 94612-0550 Telephone: (510) 622-2113 Fax: (510) 622-2121 E-mail: Bonnie.Chen@doj.ca.gov Attorneys for Defendants CDCR, David Mandel, David Archambault, Timothy McCarthy, Jo Ann Van Valkenburgh, Maureen McLean IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION BRENDA DAVIS and DAVID ROY, Case No. C 08-4481 SBA v. Plaintiffs, STIPULATED ORDER PARTIALLY GRANTING DEFENDANTS' MOTION TO DISMISS FIRST AMENDED COMPLAINT Date: Time: Courtroom: Judge December 8, 2009 2:00 p.m. 1, 4th Floor The Honorable Saundra B. Armstrong Trial Date April 12, 2010 Action Filed: September 24, 2008 STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION; DAVID MANDEL, Ph.D.; TIMOTHY McCARTHY, Ph.D.; JOANN VAN VALKENBURGH; MAUREEN McLEAN and DOES 1-100, Defendants. 1 STIPULATED [PROP.] ORDER PARTIALLY GRANTING MOTION TO DISMISS (C 08-4481 SBA) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This Court having considered Defendants' Motion to Dismiss the First Amended Complaint, the papers filed, and arguments made in support and in opposition thereof, and good cause appearing, IT IS HEREBY ORDERED that Defendants' Rule 12(b)(5) & 12(b)(6) Motion to Dismiss the First Amended Complaint (Docket No. 51) is GRANTED in part and DENIED in part. (1) Defendants' Motion to Dismiss is GRANTED with regard to Plaintiff Davis's FEHA (third) claim. The Court finds that Plaintiff Davis has failed to exhaust her administrative remedies with regard to Plaintiffs Archambault, McCarthy, McLean and Van Valkenburgh. Plaintiffs Archambault, McCarthy, McLean, and Van Valkenburgh are dismissed with prejudice and without leave to amend from the third claim. (2) Defendants' Motion to Dismiss is GRANTED with regard to dismissing the State of California. The California Department of Corrections and Rehabilitation remains a defendant. (3) Defendants' Rule 12(b)(5) Motion to Dismiss based on insufficiency of service of process is withdrawn. (4) Defendants' Motion to Dismiss is DENIED with regard to Plaintiffs' equal protection (4th & 5th) claims. The Court finds that each of the individually named defendants is being sued in their individual capacity only. Defendants are not being sued in their official capacity. (5) In response to Defendants' Motion to Dismiss the whistleblower (6th claim), the Court stays this entire action pending the resolution of the ongoing companion State Personnel Board administrative proceedings. The parties are encouraged to consider a global settlement at the settlement conference scheduled by the State Personnel Board. (6) Defendants are ordered to e-file an answer to the remainder of the First Amended Complaint (Docket No. 48) within 30 days of this order. (7) The clerk is ordered to make the following modifications to the deadlines listed in the Court's January 26, 2009 Order for Pretrial Preparation (Docket No. 24): (a) (b) (c) The current discovery cut-off date of January 11, 2010 is vacated. The current expert designation date of January 11, 2010 is vacated. The current expert rebuttal disclosure date of February 11, 2010 is vacated. 2 STIPULATED [PROP.] ORDER PARTIALLY GRANTING MOTION TO DISMISS (C 08-4481 SBA) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (d) (e) (f) (g) 2010 is vacated. (h) (i) (j) for May 3, 2010. (k) The current dispositive motion cut-off date of February 23, 2010 is vacated. The current March 1-12, 2010 mandatory settlement conference date is vacated. The current pre-trial preparation deadline of March 16, 2010 is vacated. The current motions in limine and objections to evidence deadline of March 23, The current pre-trial conference date of April 6, 2010 is vacated. The current trial dates of April 12-20, 2010 are vacated. Fact discovery remains open and a new fact discovery cut-off date shall be set A telephonic case management conference date shall be set for June 2, 2010, 2:30 p.m. Plaintiff's counsel is to set up the conference call with all the parties on the line and call chambers at (510) 637-3559. The Court shall re-set the trial date, pre-hearing conference date, expert designation cut-off date, expert rebuttal deadline, and dispositive motion cut-off date at this case management conference. The parties shall file a joint case management statement by May 24, 2010. In this statement, the parties shall report the status of: (1) whether the parties have reached global settlement of the administrative and federal actions and (2) whether the SPB administrative proceedings have been completed. /// /// /// /// /// /// /// /// /// /// /// 3 STIPULATED [PROP.] ORDER PARTIALLY GRANTING MOTION TO DISMISS (C 08-4481 SBA) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (8) Defendants' Ex Parte Application (Docket No. 61) is DENIED, as it is rendered moot by this order. Dated: December 10, 2009 Respectfully submitted, EDMUND G. BROWN JR. Attorney General of California /S/ BONNIE J. CHEN _______________________________ BONNIE J. CHEN Deputy Attorney General Attorneys for Defendants CDCR, Mandel, Archambault, McCarthy, Van Valkenburgh & McLean ABRAHAM N. GOLDMAN & ASSOCIATES, LTD. /S/ ABRAHAM N. GOLDMAN _______________________________ ABRAHAM N. GOLDMAN, ESQ. Attorneys for Plaintiffs Brenda Davis and David Roy IT IS SO ORDERED. Dated: _12/17/09 ___________________________________ THE HON. SAUNDRA B. ARMSTRONG United States District Judge OK2008900526 90132867.doc 4 STIPULATED [PROP.] ORDER PARTIALLY GRANTING MOTION TO DISMISS (C 08-4481 SBA)

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?