Merriouns v. County of Alameda et al

Filing 27

STIPULATION AND ORDER To Continue Settlement Conference. re 26 Stipulation filed by Iris Merriouns, F. Culley, County of Alameda Settlement Conference Rescheduled to 5/15/2012 at 10:00 AM. Signed by Chief Magistrate Judge MARIA-ELENA JAMES on 1/12/12. (bjtS, COURT STAFF) (Filed on 1/12/2012)

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JOHN L. BURRIS, Esq./State Bar # 69888
LAW OFFICES OF JOHN L. BURRIS
7677 Oakport Street, Suite 1120
Oakland, CA 94621
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Attorneys for Plaintiff
IRIS MERRIOUNS
MICHAEL C. WENZEL, Esq./State Bar # 215388
BERTRAND, FOX & ELLIOT
2749 Hyde Street
San Francisco, CA 94109
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Defendants
COUNTY OF ALAMEDA and F. CULLEY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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IRIS MERRIOUNS,

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Plaintiff,
v.

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COUNTY OF ALAMEDA; Alameda County
Sheriff’s Deputy F. CULLEY; and DOES 1
through 15,
Defendants.

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Case No. C11-01156 (MEJ) SBA
STIPULATION AND [PROPOSED]
ORDER CONTINUING SETTLEMENT
CONFERENCE

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STIPULATION AND [PROPOSED] ORDER CONTINUING SETTLEMENT CONFERENCE
Merriouns v. County of Alameda, et al.
U.S.D.C. Northern District of CA Case No. C11-01156

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Defendant COUNTY OF ALAMEDA and plaintiff IRIS MERRIOUNS, by and through their
respective attorneys of record, hereby stipulate as follows:
1.

The parties appeared telephonically for a Case Management Conference with Judge

Saundra Brown Armstrong on September 28, 2012.
2.

Pursuant to Judge Armstrong’s Pre-Trial Order filed October 4, 2011, the following

discovery and dispositive motion deadlines were set:

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(A) Non-Expert Discovery to be completed by July 27, 2012;

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(B) Disclosure of expert witnesses to be completed by July 27, 2012;

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(C) Rebuttal expert disclosure to be completed by August 31, 2012;

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(D) Expert discovery to be completed by September 28, 2012;

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(E) All Dispositive Motions to be heard by September 25, 2012;

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(F)

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(E) Trial to commence on November 26, 2012.

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2.

Pre-Trial Conference to take place on November 13, 2012;

The Court further referred the parties for a settlement conference with the Honorable

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Chief Magistrate Judge Elena James to be held “not earlier than 120 days” from the date of the Case

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Management Conference, but to be completed by October 15, 2012.

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3.

By Order dated November 17, 2011, this Court scheduled a Settlement Conference for

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January 27, 2012. By Order dated January 6, 2012, this Court continued the conference until

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January 30, 2012.

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4.

The COUNTY diligently served written discovery requests on plaintiff on

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October 4, 2012 so that plaintiff’s deposition could be promptly scheduled and necessary records

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subpoenaed in advance of the Settlement Conference. Responses to the written discovery were not

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received until December 27, 2012. Those responses were voluminous, and identified numerous

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medical providers. In addition, plaintiff has asserted a wage loss claim which will require her

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employment records to be subpoenaed.

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5.

The COUNTY has not yet had a chance to depose plaintiff and the parties are

presently meeting and conferring regarding deposition dates.

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STIPULATION AND [PROPOSED] ORDER CONTINUING SETTLEMENT CONFERENCE
Merriouns v. County of Alameda, et al.
U.S.D.C. Northern District of CA Case No. C11-01156

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6.

The COUNTY will be unable to participate meaningfully in the presently scheduled

conference or evaluate the case for settlement until necessary discovery is completed.
7.

For all the good cause reasons stated above, the parties respectfully request this Court

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continue the January 30, 2012 Settlement Conference until May 15, 2012, a date the parties have

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confirmed is available on this Court’s calendar.

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8.

A continuance of the Settlement Conference until May 15, 2012 will not interfere with

any presently scheduled pretrial or trial dates set by Judge Armstrong.
IT IS SO STIPULATED.

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Respectfully submitted,

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LAW OFFICES OF JOHN L. BURRIS

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Dated: 01-11-12

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By: /s/ John L. Burris, Esq.
John L. Burris, Esq.
Attorneys for Plaintiff

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BERTRAND, FOX & ELLIOT

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Dated: 01-11-12

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By: /s/ Michael C. Wenzel, Esq.
Michael C. Wenzel, Esq.
Attorneys for Defendants

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ORDER

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GOOD CAUSE APPEARING THEREFORE, and the parties having stipulated to same, the
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parties’ stipulation is hereby APPROVED. The January 30, 2012 Settlement Conference is continued
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until May 15, 2012. At 10:00 a.m.
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IT IS SO ORDERED.
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January 12, 2012
DATED: ________________

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HONORABLE MARIA-ELENA JAMES
Chief United States Magistrate Judge

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STIPULATION AND [PROPOSED] ORDER CONTINUING SETTLEMENT CONFERENCE
Merriouns v. County of Alameda, et al.
U.S.D.C. Northern District of CA Case No. C11-01156