Garcia v. County of Santa Clara
Filing
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ORDER re 16 Joint Case Management Statement. It is hereby ordered pursuant to the parties request that the Case Management Conference set for 4/29/2016 is continued to 7/1/2016 at 10:30 AM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M . Whyte. The parties have agreed to mediation and that the case will not be in a posture to effectively mediate the case until after the pending criminal matter is complete. Signed by Judge Ronald M. Whyte on 4/19/2016. (amkS, COURT STAFF) (Filed on 4/19/2016)
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ORRY P. KORB, County Counsel (S.B. #114399)
MELISSA R. KINIYALOCTS, Deputy County Counsel (S.B. #215814)
OFFICE OF THE COUNTY COUNSEL
70 West Hedding Street, East Wing, Ninth Floor
San Jose, California 95110-1770
Telephone: (408) 299-5900
Attorneys for Defendant
COUNTY OF SANTA CLARA
DAVID J. STOCK, ESQ. (S.B. #85655)
RANKIN, STOCK & HEABERLIN
96 N. Third Street, Suite 500
San Jose, California 95112
Telephone: (408) 293-0463
Attorneys for Defendant
OFFICER PHILLIP ABECENDARIO
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DAVID S. ROSENBAUM, ESQ. (S.B. #151506)
McDOWALL COTTER
2070 Pioneer Court
12 San Mateo, California 94403
Telephone: (650) 572-0834
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Attorneys for Defendant
OFFICER TUAN LE
ROBERT R. POWELL, ESQ. (S.B. #159747)
SARAH E. MARINHO, ESQ. (SB #293690
16 LAW OFFICE OF ROBERT R. POWELL
925 West Hedding Street
17 San Jose, California 95126
Telephone: (408) 553-0200
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Attorneys for Plaintiff
RUBEN GARCIA
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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
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RUBEN GARCIA,
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No. 16-CV-00012-RMW
Plaintiff,
JOINT CASE MANAGEMENT
STATEMENT AND [PROPOSED] ORDER
v.
Date:
Time:
Crtrm.:
Judge:
COUNTY OF SANTA CLARA et al.,
Defendants.
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April 29, 2016
10:30 a.m.
6, 4th Floor
Ronald M. Whyte
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Joint Case Management Statement and [Proposed] Order
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16-CV-00012-RMW
The parties to the above-entitled action submit this Joint Case Management Statement and
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Proposed Order pursuant to the Standing Order for All Judges of the Northern District of California
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and Civil Local Rule 16-9.
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1.
Jurisdiction and Service
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This action arises under 42 U.S.C. § 1983. Jurisdiction is conferred pursuant to 28 U.S.C. §§
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1331 and 1343. The County of Santa Clara has been served and filed an Answer. Defendants
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Phillip Abecendario and Tuan Le have filed waivers of service of summons, and their deadline to
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respond to the Complaint is May 2, 2016.
2.
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Plaintiff’s Allegations and Pending Criminal Investigation
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Plaintiff Ruben Garcia alleges that while he was an inmate at the County’s Main Jail,
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Defendants Abecendario and Le, who are correctional officers, violated his constitutional rights by
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allegedly using excessive force and denying him medical care in July 2015. Plaintiff alleges that the
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County was on notice of a pattern of unconstitutional conduct by correctional officers and
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demonstrated deliberate indifference to this alleged pattern and also allegedly failed to provide
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adequate training to correctional officers. Defendants deny Plaintiffs’ allegations.
The parties believe that the Office of the District Attorney has an open criminal investigation
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pertaining to the incidents alleged in the Complaint but has not brought charges.
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3.
Legal Issues
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Plaintiff brings claims pursuant to 42 U.S.C. § 1983 for alleged violations of the Fourth,
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Fifth, Eighth, and Fourteenth Amendments against the correctional-officer defendants and a Monell
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claim against the County. Plaintiff also brings state-law claims for intentional infliction of
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emotional distress, alleged violations of California Civil Code section 52.1, and breach of mandatory
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duty.
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4.
Motions
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There are no pending motions. Given the early posture of the case, the parties are unable to
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identify anticipated motions at this time.
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//
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//
Joint Case Management Statement and [Proposed] Order
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16-CV-00012-RMW
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5.
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Plaintiffs anticipate amending the complaint to correctly spell the full and complete name of
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Amendment of Pleadings
Mr. Phillip Abecendario, and include the first name of correctional officer Le.
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6.
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The parties have reviewed the Guidelines for the Discovery of Electronically Stored
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Information (ESI), which were revised on December 1, 2015. The parties are aware of their
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obligations to cooperate on issues relating to the preservation, collection, search, review, and
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production of ESI and that the proportionality standard set forth in Federal Rule of Civil Procedure
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26(b)(1) applies to discovery in this case. The parties agree to meet and confer as necessary to
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Evidence Preservation
address any issues regarding ESI.
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7.
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The parties agree to serve their initial disclosures pursuant to Federal Rule of Civil Procedure
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Disclosures
26 by May 27, 2016.
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8.
Discovery
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Discovery has not yet begun. The parties agree that discovery may be impacted by the
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pending criminal investigation pertaining to the incidents alleged in the Complaint. It is premature
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at this time to set a discovery schedule given the uncertainty of the timing and outcome of the
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criminal investigation.
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9.
Class Action
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This case is not a class action.
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10.
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There are no related cases.
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11.
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Plaintiff will be seeking emotional distress damages, compensation for pain and suffering,
Related Cases
Relief
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past and future medical expenses associated with injuries sustained to his jaw/teeth with anticipated
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future surgeries, and punitive damages in an amount to be determined at trial according to proof.
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12.
Settlement and ADR
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The parties have agreed to mediation and that the case will not be in a posture to effectively
Joint Case Management Statement and [Proposed] Order
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16-CV-00012-RMW
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mediate the case until after the pending criminal matter is complete.
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13.
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The County has not consented to proceed before a Magistrate Judge.
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14.
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The parties agree that this case is not suitable for reference to binding arbitration, a special
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Consent to Magistrate Judge for All Purposes
Other References
master, or the Judicial Panel on Multidistrict Litigation.
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15.
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At this time the parties are not aware of any issues that can be narrowed by agreement or
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Narrowing of Issues
motion.
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16.
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The parties agree that this case is not suitable for the Expedited Trial Procedure of General
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Expedited Trial Procedure
Order No. 64.
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17.
Scheduling
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Given the pending criminal investigation and the uncertainty at this time of the timing and
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outcome of that matter, the parties agree that it is premature to schedule dates for designation of
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experts, discovery cutoff, hearing of dispositive motions, pretrial conference, and trial.
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18.
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This case will be tried to a jury, and the estimated length of trial at this time is two weeks.
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The County is exempt from filing a Certification of Interested Entities or Persons.
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20.
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All attorneys of record for the parties have reviewed the Guidelines for Professional Conduct
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Trial
Disclosure of Non-party Interested Entities or Persons
Professional Conduct
for the Northern District of California.
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Other
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Given the pending criminal investigation and the parties’ inability at this time to set a
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discovery schedule and trial date, the parties respectfully request that the Court continue the Case
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Management Conference for 60 days.
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//
Joint Case Management Statement and [Proposed] Order
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16-CV-00012-RMW
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I hereby attest that I have on file all holographic signatures corresponding to any signatures
indicated by a conformed signature /S/ within this e-filed document.
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ORRY P. KORB
County Counsel
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Dated: April 14, 2016
By:
/S/
MELISSA R. KINIYALOCTS
Deputy County Counsel
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Attorneys for Defendant
COUNTY OF SANTA CLARA
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RANKIN, STOCK & HEABERLIN
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Dated: April 14, 2016
By:
/S/
DAVID J. STOCK, ESQ.
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Attorneys for Defendant
OFFICER PHILLIP ABECENDARIO
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McDOWALL COTTER
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Dated: April 14, 2016
By:
/S/
DAVID S. ROSENBAUM, ESQ
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Attorneys for Defendant
OFFICER TUAN LE
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LAW OFFICE OF ROBERT R. POWELL
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Dated: April 14, 2016
By:
/S/
ROBERT R. POWELL, ESQ.
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Attorneys for Plaintiff
RUBEN GARCIA
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Joint Case Management Statement and [Proposed] Order
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16-CV-00012-RMW
ORDER
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The Court continues the Initial Case Management Conference to July 1, 2016. at
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10:30 a.m.
4/19/2016
Dated: _______________
_______________________________
RONALD M. WHYTE
Senior District Judge
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1298854
Joint Case Management Statement and [Proposed] Order
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16-CV-00012-RMW
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