IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
May 13, 2013
DANIEL SPALDING, KATHARINE LONCKE, DANIELLE LOPEZ GREEN, ADRIAN DRUMMOND-COLE, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
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,
The opinion of the court was delivered by: Thelton E. Henderson, United States District Court Judge
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 Date: May 13, 2013 Time: 1:30 p.m. Dept.: Courtroom 12, 19th Floor 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: 23
That they have participated in good faith in four all day settlement conferences with 24 Magistrate Judge Laurel Beeler on June 18, July 3, and September 26, 2012 and January 25, 2013, 25 two two hour settlement conferences with Judge Beeler on March 22 and April 4, 2013, as well as 26 several telephone conferences with Judge Beeler, and they are currently set for a further phone 27 conference with Judge Beeler on May 28, 2013. 28
That on the afternoon of January 25, 2013, the parties reached a tentative agreement on the 2 amount of plaintiffs' monetary claims; 3
That the monetary terms of the agreement have been approved by the Oakland City 4 Council and the Alameda County Board of Supervisors, but the agreement is also contingent upon 5 the parties reaching agreement on the plaintiffs' injunctive relief claims; 6
That the parties have made substantial progress in their efforts to reach a compromise 7 agreement on plaintiffs' request for injunctive relief, and they believe that the case management 8 conference currently set for May 13, 2013 at 1:30 p.m. will be unnecessary; 9
That the parties jointly request that the Court vacate the case management conference set 10 May 13, 2013 at 1:30 p.m., and set a hearing date on a joint motion for preliminary approval of 11 the class action settlement on June 10, 2013 at 1:30 p.m., with said motion to be filed and served 12 on or before May 22, 2013. 13
DATED: May 8, 2013 BOORNAZIAN, JENSEN & GARTHE A Professional Corporation 15 By: /s/ Gregory J. Rockwell GREGORY J. ROCKWELL, ESQ. 16 17 Attorneys for Defendants COUNTY OF ALAMEDA and 18 GREGORY AHERN 19 DATED: May 8, 2013 BARBARA J. PARKER, CITY ATTORNEY, 20 CITY OF OAKLAND By: /s/ William E. Simmons 21 22 WILLIAM E. SIMMONS, ESQ. Attorneys for Defendants 23 CITY OF OAKLAND, et al. DATED: May 8, 2013 25 RACHEL LEDERMAN, ATTORNEY AT LAW 24 By: /s/ Rachel Lederman 26 RACHEL LEDERMAN, ESQ. Attorneys for Plaintiffs
GOOD CAUSE appearing therefor, and the parties having so stipulated, it is hereby 3 ordered that the hearing on a motion for preliminary approval of the class action settlement is set 4 for July 1, 2013, at 10:00 AM. The motion for preliminary approval of the settlement shall be 5 filed and served on or before May 22, 2013. It is further ordered that all discovery and other 6 litigation in this matter shall remain stayed until after July 1, 2013.
IT IS SO ORDERED.
AS MODIFIED A
Thelton E. Henderson Judge
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