Baca v. Jeffers, et al

Filing 92

ORDER VACATING ORDER TO SHOW CAUSE RE: DISMISSAL AND ORDER OF REFERENCE FOR MEDIATION. Case Management Statement due by 6/17/2015. Telephonic Case Management Conference reset for 6/24/2015 02:30 PM. Signed by Judge Saundra Brown Armstrong on 4/15/2015. (mklS, COURT STAFF) (Filed on 4/15/2015)

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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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5 DAVID O. BACA,

Plaintiff,

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vs.

Case No: C 13-02968 SBA
ORDER VACATING ORDER TO
SHOW CAUSE RE DISMISSAL
AND ORDER OF REFERENCE
FOR MEDIATION

8 STATE OF CALIFORNIA, DEPARTMENT

OF CALIFORNIA HIGHWAY PATROL,
9 SERGEANT GRIMES, SERGEANT TRUE,

OFFICER B. RODGERS, OFFICER M.
10 WILSON, OFFICER C. RANDALL,

OFFICER B. JEFFERS, OFFICER B.
11 PHILLIPS, and DOES 1-10,
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Defendants.

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Plaintiff David O. Baca brings the instant civil rights action under 42 U.S.C. § 1983

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against the State of California and various California Highway Patrol officers. On March

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31, 2015, the Court issued an Order to Show Cause Re Dismissal (“OSC”) directing

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Plaintiff to show cause why the action should not be dismissed. The OSC was based on

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Plaintiff’s second failure to comply with the Court’s Order requiring the parties to file a

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joint statement regarding settlement. Dkt. 89.

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On April 6, 2015, Plaintiff’s counsel timely filed a response to the OSC in which he

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fully acknowledges his failure to comply with the Court’s order. Counsel attributes such

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non-compliance to his involvement in overlapping federal trials, an unexpected office

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move, emergency and ex parte writ proceedings in state court matters, and general

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miscommunication within his office. Based on the representations of counsel and the

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extenuating circumstances presented, the Court finds that dismissal is not warranted. See

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Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992).

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Plaintiff has indicated his willingness and desire to participate in an ENE/Mediation
proceeding before attorney Louis A. Leone, who was previously appointed by the Court’s

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ADR Department. To that end, Plaintiff proposes a referral to Mr. Leone. Defendants have

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interposed no objection to Plaintiff’s request. Accordingly,

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IT IS HEREBY ORDERED THAT:

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1.

The OSC is VACATED.

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2.

Within one week of the date this order is filed, the parties shall schedule an

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ENE/Mediation session with Mr. Leone. Upon scheduling the session with Mr. Leone, the

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parties shall forthwith jointly file a written notice indicating the agreed-upon date. The

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ENE/Mediation process shall be completed within forty-five (45) days of the date this order

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is filed. The Court strongly encourages the parties to work diligently and in good faith to

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reach a mutually-agreeable resolution of the claims alleged in this action.
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To facilitate the foregoing, the Case Management Conference presently

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scheduled for April 29, 2015, is CONTINUED to June 24, 2015 at 2:30 p.m. At least seven

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(7) calendar days prior to the CMC, the parties shall meet and confer and file a Joint CMC

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Statement. The Statement shall comply with the Standing Order for All Judges of the

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Northern District of California and the Standing Orders of this Court.1 Plaintiff’s counsel

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shall be responsible for filing the Joint CMC Statement and setting up the conference call.

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At the date and time indicated above, Plaintiff’s counsel shall call [phone] with all

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parties on the line. NO PARTY SHALL OTHERWISE CONTACT CHAMBERS

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DIRECTLY WITHOUT PRIOR AUTHORIZATION OF THE COURT.

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4.

In the event the parties reach a settlement and file a stipulation for dismissal

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under Federal Rule of Civil Procedure 41(a)(1)(A)(ii) prior to the CMC, the CMC will

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automatically be vacated and no appearance will be required.

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IT IS SO ORDERED.
Dated: 4/15/15

______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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http://www.cand.uscourts.gov/sbaorders.
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