Polk, Jr. et al v. County of Alameda et al

Filing 22

ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND MEDIATION DEADLINE. See 21 Case Management Statement filed by Louis Polk, Jr., 20 Case Management Statement filed by Derek Pope, County of Alameda, Gregory J. Ahern. Signed by Judge Kandis A. Westmore on March 14, 2014. (kawlc2S, COURT STAFF) (Filed on 3/14/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LOUIS POLK, JR., et al.,

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Plaintiff,

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Northern District of California

ORDER CONTINUING CASE
MANAGEMENT CONFERENCE AND
MEDIATION DEADLINE

v.

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United States District Court

Case No.: 13-cv-4790 KAW

COUNTY OF ALAMEDA, et al.,

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Defendant.

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The court held a case management conference ("CMC") in the above-captioned case on

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January 14, 2014. During that CMC, Plaintiff's counsel indicated that Mr. Polk had passed away

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and that she was in the process of conferring with the remaining Plaintiff, Mr. Polk's daughter,

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regarding whether she intended to proceed with this case. Plaintiff's counsel also indicated that

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her email had not been working "for about 3 weeks or something." At the conclusion of the

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CMC, the court ordered Plaintiff's counsel to notify the court whether her client intended to

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proceed with this case and scheduled a further CMC for March 18, 2014.

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On March 11, 2014, Defendants filed a separate supplementary case management

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statement, in which defense counsel indicates that Plaintiff's counsel has not responded to several

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telephone calls, emails, and other correspondence regarding Plaintiff's intent to proceed with this
action. (Def.'s CMC Statement at 2, Dkt. No. 20.) Defense counsel also indicates that Plaintiff's
counsel did not participate in a phone conference with the appointed mediator and did not
respond to his request to meet and confer regarding their joint CMC statement, which was due
March 11, 2014. (Id.) Defense counsel requests that the court order Plaintiff's client to indicate

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her intentions about proceeding with this case, or in the alternative, dismiss the case with

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prejudice. (Id.) In addition, defense counsel requests that the court extend the mediation

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deadline until May 2014 due to scheduling conflicts. (Id.)

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On March 12, 2014, Plaintiff's counsel also filed a separate supplementary CMC

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statement, in which she indicates that she "has not yet been able to confer with . . . [the]

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daughter, regarding whether or not she wishes to continue prosecuting this case on her father's

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behalf or on her own behalf." (Pl.'s CMC Statement at 1, Dkt. No. 21.) Plaintiff's counsel states

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that she has left several phone messages for her client, but has not yet received a return phone

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call. (Id.) Plaintiff's counsel also adds that she continues to experience issues with her email

issues, she did not receive notice of the scheduled phone conference with the appointed mediator,

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Northern District of California

"due to virus and other problems with [her] Yahoo server." (Id.) She explains that due to these

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United States District Court

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and also requests, as does defense counsel, that the mediation deadline be extended until May

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2014 due to scheduling conflicts. (Id.)

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The court hereby orders Plaintiff's counsel to submit, within 30 days, a statement

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indicating whether the remaining Plaintiff intends to proceed with this action. The mediation

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deadline is hereby continued to May 30, 2014. The CMC currently set for March 18, 2014 is

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continued to June 10, 2014. The parties shall file a joint CMC statement, consistent with the

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Standing Order for All Judges of the Northern District, available at http://www.cand.uscourts.

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gov/kaworders, 7 days prior to the CMC. Should the parties require any additional continuances

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in this case, they shall file a stipulation and proposed order as required by Civil Local Rule 6-

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1(b).

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Furthermore, Plaintiff's counsel shall ensure that she is in compliance with Civil Local

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Rule 5-1(c)(3), which requires attorneys registered on the court's CM/ECF system to keep their

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email address current. Plaintiff's counsel shall make any necessary arrangements to ensure that

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she receives her email, so as to avoid missing any future deadlines.

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IT IS SO ORDERED.
DATE: March 14, 2014

__________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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