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Meagan Buckholtz, Personally v. Santa Clara County

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (San Francisco)


May 2, 2011

MEAGAN BUCKHOLTZ, PERSONALLY,
PLAINTIFF,
v.
SANTA CLARA COUNTY, ET AL. DEFENDANTS.

The opinion of the court was delivered by: Judge: Judge Susan Illston

MIGUEL MARQUEZ, County Counsel (S.B. #184621) MARK F. BERNAL, Deputy County Counsel (S.B. #173923) OFFICE OF THE COUNTY COUNSEL 70 West Hedding, East Wing, 9th Floor San Jose, California 95110-1770 Telephone: (408) 299-5900 E DIST Facsimile: (408) 292-7240 A CT T S RI S T C Attorneys for Defendants D U COUNTY OF SANTA CLARA, SUSAN E R O T T WARE, KAREN HEGGIE, DONALD I Submitting counsel are GAGE, LIZ KNISS, MICHAEL ROSSI, N 7 FRAN ALLEN, JONATHAN U directed to serve this A I WEINBERG, WILL LIGHTBOURNE, order upon all other N KATHLEEN MILES, IZI CHAN, N non-efiling parties R PATRICIA GEISICK (ALSO SUED O in this action. O ERRONEOUSLY HEREIN AS "SANTA T I CLARA COUNTY DEPARTMENT OF H L R F E A C SOCIAL SERVICES" AND R "DEPARTMENT OF FAMILIES AND N F DI O CHILDREN SERVICES AGENCY") STRICT

SUPPLEMENTAL CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT ) CONFERENCE Date: May 6, 2011 Time: 3:00 p.m. Dept.: Crtrm 10, 19th Floor

Pursuant to Civil L.R. 16-10(d), the parties to the above-entitled action certify that they met and conferred prior to the subsequent case management conference scheduled in this case 25 and 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.

C county Counsel C county of Santa Clara

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 4 conference: 5

1. This Court continued the prior Case Management Conference because there were delays in the Santa Clara County Superior Court's release of Plaintiff's Child Dependency 7 records pursuant to Defendants' Welfare & Institutions Code §827 petition.

On or about January 24, 2011, the Superior Court did release some, but not all, categories of the requested records. As a result, Defendants were required to submit a second Welfare & Institutions Code §827 petition for the missing records on or about February 11, 2011.

Earlier this week, counsel for Defendants learned from the Superior Court that the records responsive to the second petition will not be ready for release for another three to four weeks.

The parties respectfully request that the Subsequent Case Management Conference be continued approximately 90 days for the following reasons:

A. Plaintiff's Child Dependency records are necessary for Defendants to prepare for the deposition of Plaintiff and to then present, and for Plaintiff to oppose, a summary judgment motion;

B. The parties will require time to review and analyze the second set of released Child Dependency records to determine if they are fully responsive to the Welfare & Institutions Code §827 petition, or whether a further petition will be needed.

2. The parties jointly request the Court to make the following Supplemental Case Management Order:

The subsequent case management conference scheduled for 3:00 pm on May 6, 2011, in Courtroom 10 be continued to 3:00 pm on August 5, 2011, 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. 7

Respectfully submitted,

[Proposed]

ORDER The subsequent case management conference scheduled for 3:00 pm on May 6, 2011, in Courtroom 10 is continued to 3:00 pm on August 5, 2011, in Courtroom 10. 25

IT IS SO ORDERED. 26

Honorable Susan Illston United States District Court Judge

20110502

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