Williams v. Horsley et al

Filing 91

STIPULATION AND ORDER 89 to Continue Case Management Conference: Case Management Conference set for 3/21/2014 10:30 AM in Courtroom 6, 4th Floor, San Jose. Joint Case Management Statement due 3/14/2014. Signed by Judge Ronald M. Whyte on 1/13/14. (jgS, COURT STAFF) (Filed on 1/13/2014)

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MARIA DRYDEN (SBN 215758)
DLA PIPER LLP (US)
400 Capitol Mall, Suite 2400
Sacramento, CA 95814-4428
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Plaintiff
CHRISTIAN R. WILLIAMS

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JOHN C. BEIRS, COUNTY COUNSEL (SBN 144282)
By: David A. Silberman, Deputy (SBN 211708)
Hall of Justice and Records
400 County Center, 6th Floor
Redwood City, CA 94063
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

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Attorneys for Defendants
COUNTY OF SAN MATEO, et al.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CHRISTIAN R. WILLIAMS

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Case No. CV-03-5158 RMW

Plaintiff,

STIPULATION AND [] ORDER RE
CASE MANAGEMENT CONFERENCE

vs.
COUNTY OF SAN MATEO, et al.

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Defendants.

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RECITALS

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1.

WHEREAS, this case was initially filed in 2003;

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2.

WHEREAS, the County filed a motion for summary judgment in March 2008, which was

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granted in September 2008;
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WHEREAS, the Ninth Circuit reversed in July 2012 and Ordered that Plaintiff be

appointed counsel;
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WHEREAS, in September 2012 the District Court reopened the case, but stayed it

pending appointment of counsel (and an additional four weeks following appointment);

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5.

WHEREAS, in January 2013 the District Court appointed counsel;

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6.

WHEREAS, since that time the undersigned have been diligently exploring whether the

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case can be resolved without further litigation;
7.

WHEREAS, after ongoing conversations, the parties have reached an agreement regarding

the financial terms of a proposed settlement agreement resolving this matter without further litigation;
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WHEREAS, the parties have reached an agreement regarding the non-financial terms of a

proposed settlement agreement;
9.

WHEREAS, all that remains to negotiate are the final terms of the proposed settlement

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agreement and the parties are optimistic that the terms of the proposed settlement agreement can be

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resolved without further litigation;

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10.

WHEREAS, those conversations remain ongoing, no significant discovery has occurred,

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but a Case Management Conference is scheduled for January 17, 2014, a date which triggers meet and

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confer and filing requirements that the parties would prefer to delay until they have an opportunity to

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finalize the settlement agreement and exhaust current resolution efforts;

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11.

WHEREAS, January 17, 2014 is the fourth scheduled Case Management Conference and

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the parties have previously requested three continuances of the Case Management Conference in order to

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diligently discuss whether the case can be resolved without further litigation;

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12.

WHEREAS, because Plaintiff remains in civil custody, communication with him is more

challenging than normal and can therefore require additional time;
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WHEREAS, Plaintiff has been experiencing health problems causing further challenges in
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communications with him;

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STIPULATION
The parties hereby stipulate that, with the Court’s agreement, the Case Management Conference

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currently scheduled for January 17, 2014, be continued for approximately two months to facilitate

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exhaustion and finalization of settlement discussions.

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Dated: January 10, 2014

DLA Piper LLP (US)

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By:

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Dated: January 10, 2014

/Maria Dryden/
Maria Dryden
Attorney for Plaintiff
CHRISTIAN WILLIAMS

JOHN C. BEIERS, COUNTY COUNSEL

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By:
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/David A. Silberman/
David A. Silberman, Deputy
Attorneys for Defendants
COUNTY OF SAN MATEO, et al.

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[] ORDER
GOOD CAUSE APPEARING, the Case Management Conference currently scheduled for

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January 17, 2014 is hereby continued to March

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Statement due March 1 , 2014.

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, 2014 at 10:30 a.m., with the Joint Case Management

PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: ______________, 2014

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____________________________________
RONALD M. WHYTE, JUDGE
UNITED STATES DISTRICT COURT

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