Opinion
No. C09-06037 SI
10-31-2011
MEAGAN BUCKHOLTZ, Personally, Plaintiff, v. SANTA CLARA COUNTY, et al. Defendants.
MIGUEL MÁRQUEZ, County Counsel (S.B. #184621) MARK F. BERNAL, Deputy County Counsel (S.B. #173923) OFFICE OF THE COUNTY COUNSEL Attorneys for Defendants COUNTY OF SANTA CLARA (ALSO SUED ERRONEOUSLY HEREIN AS "SANTA CLARA COUNTY DEPARTMENT OF SOCIAL SERVICES" AND "DEPARTMENT OF FAMILIES AND CHILDREN SERVICES AGENCY"), SUSAN WARE, KAREN HEGGIE, DONALD GAGE, LIZ KNISS, MICHAEL ROSSI, FRAN ALLEN, JONATHAN WEINBERG, WILL LIGHTBOURNE, KATHLEEN MILES, IZI CHAN, PATRICIA GEISICK, KEN BORELLI, AND JEAN PLATNER
MIGUEL MÁRQUEZ, County Counsel (S.B. #184621)
MARK F. BERNAL, Deputy County Counsel (S.B. #173923)
OFFICE OF THE COUNTY COUNSEL
Attorneys for Defendants
COUNTY OF SANTA CLARA (ALSO
SUED ERRONEOUSLY HEREIN AS
"SANTA CLARA COUNTY
DEPARTMENT OF SOCIAL
SERVICES" AND "DEPARTMENT OF
FAMILIES AND CHILDREN SERVICES
AGENCY"), SUSAN WARE, KAREN
HEGGIE, DONALD GAGE, LIZ KNISS,
MICHAEL ROSSI, FRAN ALLEN,
JONATHAN WEINBERG, WILL
LIGHTBOURNE, KATHLEEN MILES,
IZI CHAN, PATRICIA GEISICK, KEN
BORELLI, AND JEAN PLATNER
SUPPLEMENTAL CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE
Date: November 4, 2011
Time: 3:00 p.m.
Dept.: Crtrm 10, 19th Floor
Judge: Judge Susan Illston
Pursuant to Civil L.R. 16-10(d), the Parties in the above-entitled action certify that they did meet and confer prior to the subsequent case management conference scheduled in this case. The Parties jointly submit this Supplemental Case Management Statement and Proposed Order Continuing Case Management Conference and request the Court to adopt it as a Supplemental Case Management Order in this case.
DESCRIPTION OF SUBSEQUENT CASE DEVELOPMENTS
The following progress or changes have occurred since the last case management statement filed by the parties, and necessitate a further continuance of the currently scheduled conference:
1. This Court continued the prior Case Management Conferences because there were delays in the Santa Clara County Superior Court's release of Plaintiff's Child Dependency records pursuant to multiple Welfare & Institutions Code §827 petitions. Once those records were produced, the Court continued the case management conference to allow the parties time to review those voluminous records, depose Plaintiff, and complete summary judgment briefing.
2. Pro Se Plaintiff's school and work schedules limited her availability for deposition. On October 3, 2011, the County noticed Plaintiff's deposition for October 28, 2011. On October 25, 2011, Plaintiff informed the County that she retained an attorney to represent her for purposes of the deposition only who was not available on October 28, 2011. As a result of further meet and confer efforts and accommodations to the new attorney's trial schedule, the County agreed to re-notice the deposition for November 22, 2011. This will delay summary judgment efforts and realistically places the completion of briefing into early 2012.
3. The Parties respectfully request that the Subsequent Case Management Conference be continued approximately 90 days to allow the parties to complete Plaintiff's deposition and brief the summary judgment motion. It is anticipated that the briefing can be completed within that time period.
The Parties respectfully request the Court to make the following Supplemental Case Management Order:
The subsequent case management conference scheduled for 3:00 pm on November 4, 2011, in Courtroom 10 be continued to 3:00 pm on February 3, 2012, in Courtroom 10.
I hereby attest that I have on file the holograph signature indicated by a "conformed" signature (/S/) within this e-filed document.
Respectfully submitted,
MIGUEL MÁRQUEZ County Counsel
MARK F. BERNAL
Deputy County Counsel
Attorneys for Defendant
COUNTY OF SANTA CLARA (ALSO
SUED ERRONEOUSLY HEREIN AS
"SANTA CLARA COUNTY
DEPARTMENT OF SOCIAL SERVICES"
AND "DEPARTMENT OF FAMILIES
AND CHILDREN SERVICES
AGENCY"), SUSAN WARE, KAREN
HEGGIE, DONALD GAGE, LIZ KNISS,
MICHAEL ROSSI, FRAN ALLEN,
JONATHAN WEINBERG, WILL
LIGHTBOURNE, KATHLEEN MILES,
IZI CHAN, PATRICIA GEISICK, KEN
BORELLI, AND JEAN PLATNER
MEAGAN BUCKHOLTZ
Pro Se Plaintiff
[PROPOSED] ORDER
The subsequent case management conference scheduled for 3:00 pm on November 4, 2011, in Courtroom 10 is continued to 3:00 pm on February 3, 2012, in Courtroom 10.
IT IS SO ORDERED.
Honorable Susan Illston
United States District Court Judge