Opinion
Case No. CV11-05817-THE
03-04-2013
RAFAEL MATEOS-SANDOVAL and SIMEON AVENDANO RUIZ, individually and as class representatives, Plaintiffs, v. COUNTY OF SONOMA, SONOMA COUNTY SHERIFF'S DEPARTMENT, STEVE FREITAS, CITY OF SANTA ROSA, SANTA ROSA POLICE DEPARTMENT, TOM SCHWEDHELM, and DOES 1 through 20; individually and in their official capacities, Defendants.
ALICIA ROMAN , SBN 260101 LAW OFFICE OF ALICIA ROMAN ROBERT MANN , CSB 48293 DONALD W. COOK , CSB 116666 ATTORNEYS AT LAW Attorneys for Plaintiffs CYNTHIA ANDERSON-BARKER , CSB 175764 ATTORNEY AT LAW
ALICIA ROMAN, SBN 260101
LAW OFFICE OF ALICIA ROMAN
ROBERT MANN, CSB 48293
DONALD W. COOK, CSB 116666
ATTORNEYS AT LAW
Attorneys for Plaintiffs CYNTHIA ANDERSON-BARKER, CSB 175764
ATTORNEY AT LAW
STIPULATION TO
CONTINUE MARCH 11, 2013
CASE MANAGEMENT
CONFERENCE; PROPOSED
ORDER
TO THE HON. THELTON E. HENDERSON, UNITED STATES DISTRICT JUDGE:
WHEREAS pursuant to the parties' stipulation (doc. 59) the Court on January 3, 2013 set the case management conference for March 11, 2013;
WHEREAS on February 8, 2013, the Sonoma County defendants filed a notice of appeal from the Court's January 31, 2013 Order, denying these defendants Eleventh Amendment immunity;
WHEREAS the Sonoma County defendants contend the filing of their notice of appeal automatically stays the prosecution of claims against these defendants;
WHEREAS there is set for hearing on April 1, 2013, at 10:00 a.m., Plaintiffs' motion seeking an order declaring the appeal by the Sonoma County defendants to be frivolous (doc. 73 & 74, collectively the "Motion") which, if granted, would dissolve the aforementioned stay;
WHEREAS it serves judicial economy and conserves the resources of the parties for the case management conference to be heard at the same time the Court hears Plaintiffs' Motion, or later;
NOW, THEREFORE, through their respective attorneys of record, the parties request that the Court continue the case management from March 11, 2013, to April 1, 2013, at 10:00 a.m., so that it can be held at the same time as the hearing on Plaintiffs' Motion, or such later date as is convenient to the Court's calendar. The parties further request that the Court continue the date for filing the joint case management conference report, now due March 4, 2013, to a date no later than seven days prior to the new date set for the case management conference.
ROBERT MANN
DONALD W. COOK
Attorneys for Plaintiffs
By _______________
Donald W. Cook
BRUCE D. GOLDSTEIN
Sonoma County Counsel
Attorney for Defendants County of Sonoma, Sonoma County
Sheriff's Department, and Sheriff-Corner Steve Freitas
By _______________
Anne L. Keck
Deputy County Counsel
CAROLINE L. FOWLER
Santa Rosa City Attorney
Attorney for Defendants City of Santa Rosa, Santa Rosa
Police Department, and Tom Schwedhelm
By _______________
Robert L. Jackson
Assistant City Attorney
ORDER
Upon the parties' stipulation and good cause appearing therefor, IT IS HEREBY ORDERED that the case management conference, presently set for March 11, 2013, be and hereby is continued to April 1, 2013, at 10:00 a.m., so that it can be held at the same time as the hearing on Plaintiffs' Motion. The joint case management conference report shall be filed no later than seven days before the date set for the case management conference.
_________________________
HON. THELTON E. HENDERSON
United States District Judge