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Blocker v. County of Contra Costa

United States District Court, Ninth Circuit

July 30, 2013

FORREST BLOCKER, individually and as Guardian Ad Litem for her minor child, M.B., Plaintiffs,
v.
COUNTY OF CONTRA COSTA, LORI CASTILLO, MEGHAN SCHULZE, NICOLE GREMILLION, LYNDA San Francisco EHRICH, MARY LOGGER, CITY OF ANTIOCH, TREVOR SCHNITZIUS, KRISTOPHER KINT, OFFICER WHITE, PAULA MCEVOY, and Does 1-10, inclusive, Defendants.

Peter M. Rehon (SBN 100123), Tyler J. Olson (SBN 220796), REHON & ROBERTS, A Professional Corporation, San Jose, CA, Attorneys for Defendants LYNDA EHRICH and MARY LOGGER.

LAW OFFICES OF ROBERT R. POWELL, Robert R. Powell, Dennis R. Ingols, Brett O. Terry, Attorneys for Plaintiffs FORREST BLOCKER, individually and as Guardian Ad Litem for her minor child, M.B.

McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP, James V. Fitzgerald, III, Petra Bruggisser, Attorneys for Defendants CITY OF ANTIOCH, TREVOR SCHNITZIUS, KRISTOPHER KINT, OFFICER WHITE, and OFFICER DEE.

Janice Amenta, Deputy County Counsel, Attorneys for Defendants CONTRA COSTA COUNTY, LORI CASTILLO, MEGHAN SCHULZE, and NICOLE GREMILLION.

STIPULATION OF ALL PARTIES AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

CHARLES R. BREYER, District Judge.

Plaintiffs Forrest Blocker, individually and as Guardian Ad Litem for her minor child, M.B. (collectively, "Plaintiffs"), and Defendants County of Contra Costa, Lori Castillo, Meghan Schulze, Nicole Gremillion, Lynda Ehrich, Mary Logger, City of Antioch, Trevor Schnitzius, Kristopher Kint, Officer White, and Officer Dee (collectively, "Defendants" and, with Plaintiffs, the "Parties"), by their undersigned counsel, file the following stipulation to continue the case management conference, stating as follows:

1. The initial case management conference was held in the above-captioned action on February 8, 2013. During that case management conference, the Honorable Charles R. Breyer referred the case to Magistrate Judge Maria-Elena James for settlement conference. Additionally, Judge Breyer set a further case management conference for June 14, 2013. It is the Parties' understanding that the court wanted the settlement conference to be completed prior to the next case management conference.

2. On February 11, 2013, Magistrate Judge James issued an order scheduling the settlement conference for May 29, 2013.

3. On April 29, 2013, a Notice of Continuance of Settlement Conference was issued by Rose Maher, Courtroom Deputy to Magistrate Judge James. Pursuant to this Notice of Continuance of Settlement Conference, the settlement conference originally scheduled for May 29, 2013, was continued to July 12, 2013.

4. On May 30, 2013, the Parties filed a Stipulation and Order to Continue Case Management Conference. Pursuant to this stipulation, the Parties requested that the case management conference scheduled for June 14, 2013, be continued for sixty days to allow the parties sufficient time to conduct discovery and to evaluate the case. The Parties also sought the continuance due to a delay they experienced in receiving documents from the juvenile court. At the time this stipulation was filed, the parties also believed that the settlement conference scheduled for July 12, 2013, would be completed prior to the continued case management conference.

5. On or about June 3, 2013, Judge Breyer signed the Order to Continue Case Management Conference that was stipulated to by the Parties. Pursuant to this order, the case management conference was continued from June 14, 2013, to August 16, 2013.

6. On June 18, 2013, a second Notice of Continuance of Settlement Conference was issued by Rose Maher, Courtroom Deputy to Magistrate Judge James. Pursuant to this second Notice of Continuance of Settlement Conference, the settlement conference was again continued from July 12, 2013, to September 27, 2013.

7. Defendant Mary Logger will be unavailable on September 27, 2013, because she will be out of the country in Europe, and she will not be returning to the United States until after September 30, 2013. As a result, Defendant Mary Logger would not be able to attend or participate in the settlement conference scheduled for September 27, 2013, unless the settlement conference was rescheduled for another day.

8. Due to the unavailability of Defendant Mary Logger on September 27, 2013, the Parties agreed to a short continuance of the settlement conference to October 7, 2013.

9. Based on the Parties' agreement to continue the settlement conference, counsel for Defendant Mary Logger advised Magistrate Judge James's Clerk on July 24, 2013, of the Parties' desire to move the settlement conference to October 7, 2013.

10. On July 24, 2013, Rose Maher, Courtroom Deputy to Magistrate Judge James, issued a third Notice of Continuance of Settlement Conference that continued the settlement conference from September 27, 2013, to October 7, 2013.

11. Based on the foregoing, and the Parties' desire to complete the settlement conference prior to the next case management conference, the Parties hereby stipulate and respectfully request the court to continue the case management conference currently scheduled for August 16, 2013, to a date after the October 7, 2013 settlement conference as is convenient for the court.

ORDER

PURSUANT TO THE FOREGOING STIPULATION, THE COURT ORDERS AS FOLLOWS:

The Case Management Conference, currently set for August 16, 2013, is hereby continued to October 11, 2013 at 8:30 a.m./p.m.

IT IS SO ORDERED.


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