Opinion
Case No.: C11-02867 TEH
05-13-2013
DANIEL SPALDING, KATHARINE LONCKE, DANIELLE LOPEZ GREEN, ADRIAN DRUMMOND-COLE, individually and on behalf of all others similarly situated, Plaintiffs, v. CITY OF OAKLAND, COUNTY OF ALAMEDA, ANTHONY BATTS, HOWARD JORDAN, JEFF ISRAEL, ERIC BRESHEARS, EDWARD TRACEY, ANTHONY TORIBIO, DAVID DOWNING, ERSIE JOYNER, MIKE POIRIER, DARRIN ALLISON, GREGORY AHERN, individually and in their official capacities, and DOES 1-250, inclusive, Defendants.
GREGORY J. ROCKWELL, ESQ. (SBN 67305) BOORNAZIAN, JENSEN & GARTHE A Professional Corporation/File #26753 Attorneys for Defendants COUNTY OF ALAMEDA and GREGORY AHERN BARBARA J. PARKER, CITY ATTORNEY, CITY OF OAKLAND WILLIAM E. SIMMONS, ESQ. Attorneys for Defendants CITY OF OAKLAND, et al. RACHEL LEDERMAN, ATTORNEY AT LAW RACHEL LEDERMAN, ESQ. Attorneys for Plaintiffs
GREGORY J. ROCKWELL, ESQ. (SBN 67305)
BOORNAZIAN, JENSEN & GARTHE
A Professional Corporation/File #26753
Attorneys for Defendants
COUNTY OF ALAMEDA and GREGORY
AHERN
STIPULATION AND ORDER TO
VACATE CASE MANAGEMENT
CONFERENCE, SET HEARING DATE
ON MOTION FOR PRELIMINARY
APPROVAL OF CLASS ACTION
SETTLEMENT AND FURTHER STAY
DISCOVERY AND LITIGATION
PENDING HEARING ON MOTION
Judge: Hon. Thelton Henderson
IT IS SO ORDERED AS MODIFIED
Complaint Filed: June 13, 2011
The undersigned, the attorneys for the parties herein, hereby stipulate as follows:
That they have participated in good faith in four all day settlement conferences with Magistrate Judge Laurel Beeler on June 18, July 3, and September 26, 2012 and January 25, 2013, two two hour settlement conferences with Judge Beeler on March 22 and April 4, 2013, as well as several telephone conferences with Judge Beeler, and they are currently set for a further phone conference with Judge Beeler on May 28, 2013.
That on the afternoon of January 25, 2013, the parties reached a tentative agreement on the amount of plaintiffs' monetary claims;
That the monetary terms of the agreement have been approved by the Oakland City Council and the Alameda County Board of Supervisors, but the agreement is also contingent upon the parties reaching agreement on the plaintiffs' injunctive relief claims;
That the parties have made substantial progress in their efforts to reach a compromise agreement on plaintiffs' request for injunctive relief, and they believe that the case management conference currently set for May 13, 2013 at 1:30 p.m. will be unnecessary;
That the parties jointly request that the Court vacate the case management conference set May 13, 2013 at 1:30 p.m., and set a hearing date on a joint motion for preliminary approval of the class action settlement on June 10, 2013 at 1:30 p.m., with said motion to be filed and served on or before May 22, 2013.?
BOORNAZIAN, JENSEN & GARTHE
A Professional Corporation
By: _____________
GREGORY J. ROCKWELL, ESQ.
Attorneys for Defendants
COUNTY OF ALAMEDA and
GREGORY AHERN
BARBARA J. PARKER, CITY ATTORNEY,
CITY OF OAKLAND
By: _____________
WILLIAM E. SIMMONS, ESQ.
Attorneys for Defendants
CITY OF OAKLAND, et al.
RACHEL LEDERMAN, ATTORNEY AT LAW
By: _____________
RACHEL LEDERMAN, ESQ.
Attorneys for Plaintiffs
ORDER
GOOD CAUSE appearing therefor, and the parties having so stipulated, it is hereby ordered that the hearing on a motion for preliminary approval of the class action settlement is set for July 1, 2013, at 10:00 AM. The motion for preliminary approval of the settlement shall be filed and served on or before May 22, 2013. It is further ordered that all discovery and other litigation in this matter shall remain stayed until after July 1, 2013.
IT IS SO ORDERED.
_____________
THELTON E. HENDERSON,
UNITED STATES DISTRICT COURT JUDGE