Jaegel et al v. County of Alameda et al

Filing 43

ORDER re (18 in 4:09-cv-03181-CW) (42 in 4:09-cv-00242-CW) granting Stipulation TO CONTINUE CASE MANAGEMENT CONFERENCE. Case Management Conference set for 7/13/2010 02:00 PM.Signed by Judge Claudia Wilken on 04/09/2010. (scc, COURT STAFF) (Filed on 4/9/2010)

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MICHEL F. MILLS, SBN 193002 THE LAW OFFICES OF MICHEL F. MILLS A Professional Corporation 14121 Beach Boulevard Westminster, California 92683 Tel. [phone] / Fax. [phone] Email: [e-mail] JOHN R. COGORNO, SBN 63966 ATTORNEY AT LAW 14121 Beach Boulevard Westminster, California 92683 Tel. [phone] / Fax. [phone] Email: [e-mail] Attorneys for Plaintiff Gregory J. Rockwell, ESQ. SBN 67305 BOORNAZIAN, JENSEN & GARTHE A Professional Corporation 555 12th Street, Suite 1800 P. O. Box 12925 Oakland, CA 94604-2925 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendants COUNTY OF ALAMEDA, GREGORY J. AHERN, JASON LUNA and PAUL LISKEY

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA MARK ANTHONY JAEGEL, et al., ) ) Plaintiff, ) ) vs. ) ) THE COUNTY OF ALAMEDA, et al., ) ) Defendants, ) ) ____________________________________ ) Case No: Related Case No: C09-00242 CW C09-03181 CW

STIPULATION TO CONTINUE CASE M A N A G E M E N T CONFERENCE; ORDER CMC Hrg Date: 4/13/2010 at 2:00 p.m.

The undersigned hereby stipulates and jointly requests that the Court order a continuance of the Case Management Conference which is currently scheduled for April -1Stip. To Continue Case Management Conference

and [Proposed] Order

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13, 2010, at 2:00 p.m. in Courtroom 2, 4th Floor, Oakland, CA. It is requested that the Case Management Conference be continued ninety (90) days to July 13, 2010, at 2:00 p.m. in Courtroom 2 based on the following: DESCRIPTION OF SUBSEQUENT CASE DEVELOPMENTS 1. The following progress or changes have occurred since the last case

management statement filed by the parties: (a) Plaintiffs' Motion For Class Certification was partially granted on January 22, 2010. (b) Defendants GREGORY J. AHERN and JASON LUNA appeared voluntarily, along with the COUNTY OF ALAMEDA. The remaining defendants were voluntarily dismissed by plaintiffs on December 23, 2009. (c) On January 20, 2010, the court issued an order relating this action and case #C09-03181, in which plaintiff Mark Jaegel, Sr. seeks damages for the value of 344 game fowl that were seized from his property as part of the investigation of the events giving rise to plaintiffs' arrest. (d) The parties participated in mediation with court-appointed mediator Jeffrey Goldfein, Esq. on March 24, 2010. The case was not resolved. (e) Defendant's counsel took preliminary depositions of Plaintiffs Mark Jaegel, Sr., and Mark Jaegel, Jr., on September 2, 2009, to determine the nature and duration of their incarceration and the nature of any searches of their person associated with their arrest and incarceration. Defendants' counsel will be scheduling Volume II of Plaintiff Mark Jaegel, Sr., deposition which will address further inquiries pertaining to the search of his person, in addition to the loss of his 344 gamefowl which plaintiff alleges were euthanized in violation of due process requirements and protections set forth in 599aa of the Cal. Pen. Code and pursuant to his 4th, 5th and 14th Amendment Constitutional Rights and Protections. Defendants' counsel also anticipates deposing the other five persons who -2Stip. To Continue Case Management Conference

and [Proposed] Order

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were arrested with plaintiffs, the owners of the property on which the arrests took place, as well as other witnesses who have not yet been identified. (f) Plaintiffs have propounded their first set of interrogatories and requests for

admissions. Additional written discovery will be propounded to Defendants once responses to the initial discovery is received and evaluated. Defendants anticipate that written discovery will be propounded once the above referenced depositions are complete. (g) Since both cases are now related and are in the beginning stages of

discovery it has been conceded by counsel that the Case Management Conference be continued so that parties can conduct the above discovery and have a better sense of what other discovery may be required, if any, in addition to having a better perspective on offering the Court future hearing dates and deadlines. Wherefore the parties jointly request that the Court order as follows: 1. That the Case Management Conference currently scheduled for April 13,

2010, at 2:00 p.m. to continued to July 13, 2010, at 2:00 p.m. in Courtroom 2, 4th Floor, Oakland, CA. It is so stipulated: DATED: April 7, 2010

/S/ Gregory J. Rockwell
GREGORY J. ROCKWELL, ESQ., Attorney for Defendants, COUNTY OF ALAMEDA,

GREGORY

J.

AHERN,

JASON LUNA and PAUL LISKEY

-3Stip. To Continue Case Management Conference

and [Proposed] Order

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DATED: April 7, 2010

/S/ John R. Cogorno
JOHN R. COGORNO, ESQ., Attorney for Plaintiff

DATED: April 7, 2010

/S/ Michel F. Mills
MICHEL F. MILLS, ESQ., Attorney for Plaintiff

ORDER GOOD CAUSE appearing, it is ordered that the Case Management Conference currently scheduled for April 13, 2010, at 2:00 p.m. to continued to July 13, 2010, at 2:00 p.m. in Courtroom 2, 4th Floor 1301 Clay Street, Oakland, CA.

DATED: 4/9/2010

___________________________________ Honorable Claudia Wilken United States District Court Judge

-4Stip. To Continue Case Management Conference

and [Proposed] Order