Upshaw v. City of Oakland et al

Filing 59

ORDER Vacating Trial Date. Case Management Statement due by 11/27/2013. Case Management Conference set for 12/4/2013 01:30 PM. Signed by Magistrate Judge Donna M. Ryu on 10/10/2013. (dmrlc1, COURT STAFF) (Filed on 10/10/2013)

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JOHN L. BURRIS, Esq./ State Bar #69888
ADANTE D. POINTER, Esq./State Bar #236229
LAW OFFICES OF JOHN L. BURRIS
Airport Corporate Centre
7677 Oakport Street, Suite 1120
Oakland, California 94621
Phone:
[phone]
Fax:
[phone]
Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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KAZEEM UPSHAW,

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Case No. C11-05044 DMR

Plaintiff,
NOTICE OF CONDITIONAL
SETTLEMENT & [PROPOSED] ORDER

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v.
CITY OF OAKLAND, a municipal corporation;
ANTHONY BATTS in his capacity as CHIEF of
POLICE for CITY OF OAKLAND POLICE
DEPARTMENT; JONATHAN MUNIZ,
individually and in his official capacity as a
Police Officer for the CITY OF OAKLAND;
ERCIVAN MARTIN, individually and in his
official capacity as a Police Officer for the CITY
OF OAKLAND; JOSE PEREZNEGRON,
individually and in his official capacity as a
Police Officer for the CITY OF OAKLAND and
RICHARDSON SANANDRES individually and
in his official capacity as a Police Officer for the
CITY OF OAKLAND.
Defendants.

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NOTICE OF CONDITIONAL SETTLEMENT & [PROPOSED] ORDER

CASE: C11-05044-DMR

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The Parties, by and through their respective attorneys, hereby notify the court that this action

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has been settled in its entirety, pending approval by the City Counsel. The Parties fully expect

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approval by the Oakland City Counsel, and are in the process of fulfilling the terms of the Settlement

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Agreement. Once the settlement terms have been fully executed by the Parties, the Parties will file a

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Request for Dismissal with the Court.

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In light of the foregoing, the Parties respectfully request that the currently scheduled Pre-Trial

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and Trial dates be vacated and that a status conference be calendared to occur during the month of

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December 2013 for the Parties to advise the court of the status of the settlement.

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Dated: October 9, 2013
/s/
ADANTÉ D. POINTER
LAW OFFICES OF JOHN L. BURRIS
Attorneys for Plaintiff

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NOTICE OF CONDITIONAL SETTLEMENT & [PROPOSED] ORDER

CASE: C11-05044-DMR

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ORDER

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IT IS HEREBY ORDERED that the Pre-Trial and Trial dates are vacated and a status

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conference set for December ____, 2013. The parties are further ordered to file a status update seven

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days before the December ____, 2013 status conference or a Request for Dismissal should the

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settlement have been fully executed.

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FO

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____________________________________
. Ryu
onna M
HONORABLE dge D M. RYU
Ju DONNA
UNITED STATES MAGISTRATE JUDGE

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Oct. 10, 2013
Date: ____________________

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A

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DERED

O OR
IT IS S

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UNIT
ED

IT IS SO ORDERED.

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NOTICE OF CONDITIONAL SETTLEMENT & [PROPOSED] ORDER

CASE: C11-05044-DMR