Marlene Henderson et al v. County of Santa Cruz et al

Filing 46

STIPULATION AND ORDER 45 Re: Continuation of ADR Completion Date. Signed by Judge Ronald M. Whyte on 6/25/15. (jgS, COURT STAFF) (Filed on 6/25/2015)

1
2
3
4
5

Michael J. Curls (SBN 159651)
Nichelle D. Jones (SBN 186308)
LAW OFFICE OF MICHAEL J. CURLS
4340 Leimert Blvd., Suite 200
Los Angeles, CA 90008
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs MARLENE HENDERSON, THE ESTATE OF EDYTH
HENDERSON and THE ESTATE OF JOSEPH HENDERSON

6
7
8
9
10
11
12

DANA McRAE, State Bar No. 142231
County Counsel, County of Santa Cruz
JORDAN SHEINBAUM, State Bar No. 190598
Assistant County Counsel
701 Ocean Street, Room 505
Santa Cruz, California 95060
Telephone: [phone]
Fax: [phone]
Attorneys for Defendants COUNTY OF SANTA CRUZ
ERRONEOUSLY SUED AS THE SANTA CRUZ COUNTY SHERIFF’S
DEPARTMENT AND THE SANTA CRUZ COUNTY HEALTH SERVICES AGENCY

13
14
UNITED STATES DISTRICT COURT
15

NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

16
17
18

MARLENE HENDERSON, THE ESTATE
OF EDYTH HENDERSON, and THE
ESTATE OF JOSEPH HENDERSON,

19

Plaintiff,

20

v.

21

Case No. CV 14-03544 RMW

STIPULATION RE: CONTINUATION
OF ADR COMPLETION DATE;
[] ORDER

COUNTY OF SANTA CRUZ, THE
SANTA CRUZ COUNTY SHERIFF’S
DEPARTMENT, THE SANTA CRUZ
COUNTY HEALTH SERVICES AGENCY,
and DOES 1 THROUGH 25, INCLUSIVE

22
23
24
25

Defendants.

26
27
28

Henderson v. County of Santa Cruz, et al.
Case No. CV14-03544 RMW

Stipulation Re: Continuation
of ADR Completion Date

1

STIPULATION RE: CONTINUATION OF THE ADR COMPLETION DATE

2

Plaintiffs MARLENE HENDERSON, THE ESTATE OF EDYTH HENDERSON, and THE

3

ESTATE OF JOSEPH HENDERSON (“Plaintiffs”) and Defendants, the COUNTY OF SANTA

4

CRUZ and its COUNTY SHERIFF’S DEPARTMENT and its HEALTH SERVICES AGENCY

5

(“Defendants”) submit the following stipulation and proposed order continuing the deadline for

6

completion of Court-Ordered ADR in this matter as follows:

7

WHEREAS, Plaintiffs and Defendants have voluntarily stayed this matter as a result of the

8

pending criminal case entitled People of the State of California v. James Roland Henderson, Santa

9

Cruz Superior Court Case No. F25036 (this is the pending criminal action against James Henderson

10

involving the two alleged murders which form the basis of the civil case before this Court);

11

WHEREAS, no discovery has been untaken by the parties in light of the stay;

12

WHEREAS, the next Case Management Conference is set for July 17, 2015, to address the

13
14

status of the criminal case against James Henderson;
WHEREAS, the current Court-Ordered ADR (mediation) with Ms. Margaret Corrigan, Circuit

15

Mediator at the Ninth Circuit Court of Appeals Circuit Mediation Office has a completion date of

16

June 15, 2015;

17
18
19

WHEREAS, no meaningful mediation can occur by June 15, 2015, in light of the current case
status and stay.
THEREFORE, the Plaintiffs and Defendants stipulate and respectfully request as follows:

(1) 20

That the ADR completion date of June 15, 2015, be vacated; and

(2) 21

That the ADR completion date be re-set at a later date after any stay of this action has been lifted or

22

otherwise resolved.

23

IT IS SO STIPULATED.

24

Respectfully submitted this 29th day of May, 2015.

25
26
27
28
1
Henderson v. County of Santa Cruz, et al.
Case No. CV14-03544 RMW

Stipulation Re: Continuation
of ADR Completion Date

1

LAW OFFICE OF MICHAEL J. CURLS

Dated: May 29, 2015

2

/s/ Submitted with permission

3

Michael J. Curls, Esq.
Nichelle D. Jones, Esq.

4

Attorneys for Plaintiffs Marlene
Henderson, The Estate of Edyth
Henderson, and the Estate of Joseph
Henderson

5
6
7
8

DANA MAUREEN MCRAE
County Counsel, County of Santa Cruz

Dated: May 29, 2015

/s/ Submitted with permission

9

Jordan Sheinbaum, Esq.

10

Attorneys for Attorneys for Defendants
County of Santa Cruz erroneously sued as
The Santa Cruz County Sheriff’s
Department and The Santa Cruz County
Health Services Agency

11
12
13
14
15
16

PURSUANT TO STIPULATION, IT IS SO ORDERED.

17
18

DATED:_______________

By: ________________________________
Hon. Ronald M. Whyte
United States District Judge
Northern District of California

19
20
21
22
23
24
25
26
27
28
2
Henderson v. County of Santa Cruz, et al.
Case No. CV14-03544 RMW

Stipulation Re: Continuation
of ADR Completion Date