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

Filing 24

ORDER EXTENDING MEDIATION DEADLINE. Signed by Judge Kandis A. Westmore on 05/08/2014. (kawlc2S, COURT STAFF) (Filed on 5/8/2014)

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JOHN L. BURRIS, Esq. (State Bar No. 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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GAYLA B. LIBET, Esq. (State Bar No. 1 09173)
LAW OFFICES OF GAYLA B. LIBET
486 41 ''Street, Suite 3
Oakland, CA 94609
Telephone & Facsimile: [phone]
E-Mail: [e-mail]

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Attorneys for Plaintiffs
MICHAEL W. FOSTER (State Bar No. 127691)
PETER H. GOLDSMITH (State Bar No. 91294)
FOSTER EMPLOYMENT LAW
3000 Lakeshore Avenue
Oakland, California 94610
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendants
COUNTY OF ALAMEDA, GREGORY J. AHERN,
and DEREK POPE

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LOUIS POLK, JR., and JOZETTE
LESTER,

)
)
)
Plaintiffs,
)
)
vs.
)
COUNTY OF ALAMEDA, a governmental )
entity; GREGORY J. AHERN,
)
individually, and in his capacity as Sheriff
)
for COUNTY OF ALAMEDA; DEREK
)
POPE, and; DOES 1-25, inclusive,
)
individually, and in their capacity as deputy )
sheriffs and/or employees of COUNTY OF )
ALAMEDA,
)
)
~--------~D~e~re~n~d~an~tilis.____________ )

Case No. C-13-04790 KA W
Date Action Filed: October 15, 2013
UPDATED JOINT CASE MANAGEMENT
CONFERENCE STATEMENT; AND
STIPULATION AND [PROPOSED] ORDER

Honorable Magistrate Judge
Kandis A. Westmore

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JOINT CASE MANAGEMENT CONFERENCE STATEMENT; STIPULATION & [PROPOSED] ORDER
CASE NO. C-13-04790 KAW

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The parties, by and through their attorneys, submit the following Updated Joint Case
Management Conference Statement; and Stipulation and [Proposed] Order, as follows:

UPDATED JOINT CASE MANAGEMENT CONFERENCE STATEMENT

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Plaintiff, LOUIS POLK, JR., is deceased. There has been delay by Plaintiffs' counsel in

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contacting and conferring with Plaintiff JOZETTE LESTER, daughter of LOUIS POLK, JR.,

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regarding whether or not she wished to continue prosecuting this case on her father's behalf or on

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her own behalf, based on the grounds as set forth in the Complaint. Plaintiffs' counsel, Ms. Libet,

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apologizes to the Court for this delay. Plaintiffs' counsel, Ms. Libet, has now contacted JOZETTE

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LESTER, who has decided that she does wish to continue prosecuting this case on her father's

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behalf, and on her own behalf. As a result of the delay in finalizing this decision, Plaintiffs have also

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delayed in responding to Defendants' requests to set a mediation date in May. Defendants' clients

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and counsel are now unavailable the last three weeks of May.

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In order to proceed, Plaintiffs' counsel must also file a First Amended Complaint substituting

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in the caption and in the Complaint that Plaintiffs' status has changed as follows: "JOZETTE

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LESTER, individually, and as personal representative of the ESTATE OF LOUIS POLK, JR."

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Defendants anticipate stipulating to that filing as long as Plaintiffs provide to them adequate

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evidence that Ms. Lester is the proper personal representative as defined under the California Code

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of Civil Procedure to proceed with the case.

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The parties agree that these circumstances require that the cutoff date for completion of the

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mediation be moved. Plaintiffs also believe that it would be more efficient to proceed with

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mediation after the parties have served written discovey and served their responses to that discovery.

STIPULATION AND [PROPOSED] ORDER

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All parties to this action stipulate and agree, by and through their respective counsel, as
follows:
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Plaintiffs will by May 14 provide Defendants with the evidence of Ms. Lester's

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successor status. Plaintiffs will be prepared to file within two days of Defendants' acceptance of that

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evidence an amended complaint that will contain only the change to the Plaintiffs' status to state

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JOINT CASE MANAGEMENT CONFERENCE STATEMENT; STIPULATION & [PROPOSED] ORDER
CASE NO. C-13-04790 KAW

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"JOZETTE LESTER, individually, and as personal representative of the ESTATE OF LOUIS

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POLK, JR.," in substitution for "LOUIS POLK, JR. and JOZETTE LESTER."

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2.

The parties agree that the last date for completion of the Mediation Conference

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should be moved to occur after Plaintiffs file the First Amended Complaint until either the end of

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June or July. Plaintiffs believe that the date should be the end of August to allow for written

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discovery.

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Accordingly, the parties respectfully request that the Court enter the proposed order.
DATED: May 7, 2014

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LAW OFFICES OF JOHN L. BURRIS
LAW OFFICES OF GAYLA B. LIBET

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Is/ Gayla B. Libet
By:
Attorneys for Plaintiffs

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DATED: May 7, 2014

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Is/ Peter H. Goldsmith
PETER H. GOLDSMITH
Attorney for Defendants
COUNTY OF ALAMEDA, GREGORY J. AHERN,
and DEREK POPE
By:

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FOSTER EMPLOYMENT LAW

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ORDER

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PURSUANT TO STIPULATION IT IS SO ORDERED. THE FINAL DATE TO
COMPLETE THE MEDIATION IN THIS CASE IS August 29,
2014.

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DATED: May_. 2014

KANDIS A. WESTMORE
United States District Court Magistrate Judge

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JOINT CASE MANAGEMENT CONFERENCE STATEMENT; STIPULATION & [PROPOSED] ORDER
CASE NO. C-13-04790 KAW