Opinion
Case No.: C10-4095 CRB (BZ)
10-18-2011
AARON FRAYER, individually and as Next Friend of A.F., a minor, Plaintiffs, v. COUNTY OF ALAMEDA; KATHERINE MORE, individually and in her official capacity as social worker for Alameda County Department of Social Services; THOMAS NOLAN, individually and in his official capacity as social worker for Alameda County Department of Social Services; CITY OF OAKLAND; JAMES MOORE, individually and in his official capacity as a police officer for the City of Oakland; D. MING, individually and in his official capacity as sergeant for the City of Oakland; and DOES 1 through 20, Defendants.
Rebecca S. Widen, SBN 219207 HAAPALA, THOMPSON & ABERN, LLP Attorneys For Defendants COUNTY OF ALAMEDA, KATHERINE MOORE, and THOMAS NOLAN David J. Beauvais Attorneys for Plaintiffs *Mr. Beauvais provided his consent that this document be electronically filed.
Rebecca S. Widen, SBN 219207
HAAPALA, THOMPSON & ABERN, LLP
Attorneys For Defendants
COUNTY OF ALAMEDA, KATHERINE MOORE,
and THOMAS NOLAN
STIPULATION AND [PROPOSED] ORDER FURTHER CONTINUING SETTLEMENT CONFERENCE AND CASE MANAGEMENT CONFERENCE
The parties hereto, by and through their undersigned counsel, agree and stipulate as follows:
1. On July 15, 2011, the Court granted the parties' stipulated request for a continuance of the pending settlement conference and case management conference dates in this matter. The continuance was granted in order to allow the parties additional time to obtain copies of documents contained in the minor plaintiff's juvenile case file through the Welfare and Institutions Code Section 827 process. The Court ordered the parties to file a stipulation proposing new dates after receiving the juvenile case file through that process, at the latest by October 21, 2011.
2. The Section 827 petition, which has been pending in Alameda County Juvenile Court since June 15, 2011, has not yet been ruled on. The parties have been advised by the juvenile judge's law clerk that it will likely be four to eight more weeks before a ruling is made and the documents are made available.
3. The minor plaintiff's juvenile case file contains documents that are essential to the parties' evaluation of the claims in this matter and taking depositions.
4. Accordingly, the parties request a further continuance of the settlement conference and case management conference dates to allow these documents to be obtained. Specifically, the parties request that they be permitted to file a stipulation after the juvenile case file is made available, and they have completed initial depositions, in order to propose dates for the settlement conference and case management conference. Alternatively, the parties request that the settlement conference and case management conference be scheduled for dates after January 16, 2012.
5. This is the parties' third request for a continuance in this matter. The parties do not believe the requested continuance will disrupt the existing case schedule.
IT IS SO STIPULATED.
LAW OFFICES OF DAVID J. BEAUVAIS
David J. Beauvais
Attorneys for Plaintiffs
*Mr. Beauvais provided his consent that this
document be electronically filed.
HAAPALA, THOMPSON & ABERN, LLP
Rebecca S. Widen
Attorneys for Defendants
COUNTY OF ALAMEDA, KATHERINE
MOORE and THOMAS NOLAN
BARBARA PARKER, City Attorney
RANDOLPH W. HALL, Chief Assistant City Attorney
WILLIAM E. SIMMONS, Supervising Trial Attorney
CAROLYN O. TSAI, Deputy City Attorney
Carolyn O. Tsai
Attorneys for Defendants
CITY OF OAKLAND, JAMES MOORE and
D. MING
*Ms. Tsai provided her consent that this document
be electronically filed.
ORDER
Pursuant to stipulation and for good cause shown, it is SO ORDERED. The settlement conference and case management conference are further CONTINUED. The parties shall file a stipulation proposing dates for the settlement conference and case management conference after receiving the minor's juvenile case file and completing initial discovery, but no later than January 16, 2012.
Judge Charles R. Breyer