Batts v. County of Santa Clara

Filing 377

ORDER VACATING TRIAL; SETTING HEARING ON FURTHER MOTIONS; REFERRING PARTIES TO MAGISTRATE JUDGE GREWAL FOR SETTLEMENT CONFERENCE. On or before December 27, 2010, Defendants shall file their Motion for Partial Summary Judgment. Opposition due by 1/10 /2011. Reply due by 1/17/2011. Motion Hearing set for 1/31/2011 09:00 AM in Courtroom 8, 4th Floor, San Jose. Stipulation ofUndisputed Facts regarding the intervening event in chronological order due by 1/17/2011. On December 3, 2010, Defendants f iled a Motion to Bifurcate Liability from Punitive Damages and noticed it for a hearing on January 11, 2011. (Docket Item No. 373.) This Motion was improperly filed both in terms of date and time because Defendants failed to confer with the Court 9;s on-line calendar as to its availability to hear the Motion on January 11, 2011. At this time, the Court DENIES this Motion as premature. The Court refers the parties to Magistrate Judge Paul Grewal for a Settlement Conference. On or before Decemb er 10, 2010, the parties shall contact Judge Grewal's Chambers to arrange a date for the Conference in accordance with his availability. The Court will set a Pretrial Conference date in its Order addressing the anticipated Motion for Partial Summary Judgment to reset the trial. Signed by Judge James Ware on 12/7/2010. (ecg, COURT STAFF) (Filed on 12/7/2010)

Batts v. County of Santa Clara

Doc. 377

1 2 3 4 5 6 7 8 9 10 Laila Batts, v. Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 08-00286 JW ORDER VACATING TRIAL; SETTING HEARING ON FURTHER MOTIONS; REFERRING PARTIES TO MAGISTRATE JUDGE GREWAL FOR SETTLEMENT CONFERENCE /

United United States District Court

11
For the Northern District of California

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County of Santa Clara, et al., Defendants.

On December 6, 2010, the Court conducted a Final Pretrial Conference. Counsel for the respective parties were present. Based on the discussion at the Conference, the Court orders as follows: (1) In light of the Court's own availability, the Court VACATES the current trial schedule set to commence on January 11, 2011. (2) The Court sets January 31, 2011 at 9 a.m. for a hearing on Defendants' Motion for Partial Summary Judgment on whether Plaintiff's release from custody and subsequent failure to continue treatment at Sutter Medical Center was an intervening event which would limit Plaintiff's recovery, if any. The parties shall adhere to the following briefing schedule:1 (a) On or before December 27, 2010, Defendants shall file their Motion for Partial Summary Judgment. This briefing schedule is a modification to what was discussed at the Conference based on the Court's evaluation of its ability to timely evaluate the anticipated Motion.
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Dockets.Justia.com

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(b) (c) (d)

On or before January 10, 2011, Plaintiff shall file her Opposition. On or before January 17, 2011, Defendants shall file their Reply. On or before January 17, 2011, the parties shall file a Stipulation of Undisputed Facts regarding the intervening event in chronological order.

On December 3, 2010, Defendants filed a Motion to Bifurcate Liability from Punitive Damages and noticed it for a hearing on January 11, 2011. (Docket Item No. 373.) This Motion was improperly filed both in terms of date and time because Defendants failed to confer with the Court's on-line calendar as to its availability to hear the Motion on January 11, 2011. At this time, the Court DENIES this Motion as premature.

United States District Court

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For the Northern District of California

(4)

The Court refers the parties to Magistrate Judge Paul Grewal for a Settlement Conference. On or before December 10, 2010, the parties shall contact Judge Grewal's Chambers to arrange a date for the Conference in accordance with his availability.

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The Court will set a Pretrial Conference date in its Order addressing the anticipated Motion for Partial Summary Judgment to reset the trial.

Dated: December 7, 2010

JAMES WARE United States District Judge

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Aryn Paige Harris [e-mail] Barry Clement Marsh [e-mail] Blaise S. Curet [e-mail] Gregory Joseph Sebastinelli [e-mail] Jeremy L. Friedman [e-mail] Scott R Kanter [e-mail] Stephen Ryan Wong [e-mail] Dated: December 7, 2010 Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

United States District Court

11
For the Northern District of California

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