U.S. District Court California Northern District (San Jose) CIVIL DOCKET FOR CASE #: 5:17-cv-03385-SVK: Settlement Conference held on 3/22/2019 ‘Case did not settle’

U.S. District Court

California Northern District (San Jose)
CIVIL DOCKET FOR CASE #: 5:17-cv-03385-SVK

03/22/2019

65

Minute Entry for proceedings held before Magistrate Judge Virginia K. DeMarchi: Settlement Conference held on 3/22/2019. Case did not settle. FTR Time: n/a. Plaintiff Attorney: Steven Andre; Also present: Stacy Lininger. Defendant Attorney: Vincent Hurley; Also present: Donald Chang, Ron Pfleger, G.R.Mozingo, Paul Tomasi. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pmcS, COURT STAFF) (Date Filed: 3/22/2019) (Entered: 03/22/2019)

SOURCE: 

CM/ECF Filer or PACER Login 

Lininger v. Pfleger et al Assigned to: Magistrate Judge Susan van Keulen Referred to: Magistrate Judge Virginia K. DeMarchi (Settlement) Demand: $1,000,000,000 Case in other court:  9th circuit court of appeals, 18-15886 Cause: 28:1331 Federal Question: Other Civil Rights

Date Filed: 06/12/2017 Jury Demand: Both Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Plaintiff
Stacy Lininger	represented by	Steve J Andre  Attorney at Law 26080 Carmel Rancho Blvd. 200B Carmel, CA 93923-8736 (831)624-5786 Email: stevenjandre@hotmail.com ATTORNEY TO BE NOTICED
V.
Defendant
Sergeant Ronald Pfleger	represented by	Ryan M. Thompson  Office of the Santa Cruz County Counsel 701 Ocean Street, Room 505 Santa Cruz, CA 95060 831-454-2040 Fax: 831-454-2115 Email: ryan.thompson@santacruzcounty.us ATTORNEY TO BE NOTICED Vincent P. Hurley  Casey Law Group 5900 Butler Lane Suite 130 Scotts Valley, CA 95066 831-661-4800 Email: vhurley@caseylawsj.com ATTORNEY TO BE NOTICED
Defendant
City of Carmel	represented by	Ryan M. Thompson  (See above for address) ATTORNEY TO BE NOTICED Vincent P. Hurley  (See above for address) ATTORNEY TO BE NOTICED

REFERENCE:

05/22/2018

Minute Entry for proceedings held before Magistrate Judge Susan van Keulen. Initial Case Management Conference held on 5/22/2018. The court sets the following case schedule: Last Day to Seek Leave to Amend Pleadings: 8/13/2018. Close of Fact Discovery: 1/25/2019. Expert Disclosure: 2/8/2019. Rebuttal Expert Disclosures: 3/1/2019. Close of Expert Discovery: 3/29/2019. Dispositive Motion Filing Deadline: 4/30/2019. Last Day to Hear Dispositive Motions: 6/4/2019 at 10:00 AM in Courtroom 6, 4th Floor, San Jose. Final Pretrial Conference: 7/11/2019 at 9:30 AM in Courtroom 6, 4th Floor, San Jose. Jury Selection/Jury Trial: 8/5/2019 at time TBD in Courtroom 6, 4th Floor, San Jose. Further Case Management Conference: 2/5/2019 at 9:30 AM in Courtroom 6, 4th Floor, San Jose. The court refers this matter to Magistrate Judge Virginia DeMarchi for settlement. Parties to complete settlement conference after close of fact discovery but before hearing on summary judgment motions. Parties may also schedule earlier if necessary. Parties are instructed to contact Judge DeMarchi's Courtroom Deputy Patricia Cromwell at 408-535-5365 to schedule settlement conference. Request for Admissions: limited to 50 per side excluding those directed to document authentication; parties may make a showing for good cause to request additional. FTR Time: 9:40 to 9:50 (10 mins.) For Plaintiff(s): Steve Andre. For Defendant(s): Ryan M. Thompson. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ofr, COURT STAFF) (Date Filed: 5/22/2018) (Entered: 05/22/2018)

CITY COUNCIL AGENDA SPECIAL MEETING, April 1, 2019

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL AGENDA

CITY COUNCIL SPECIAL MEETING

Monday, April 1, 2019 3:00 PM

CLOSED SESSION

EIGHT NOTEWORTHY CITY COUNCIL REGULAR MEETING AGENDA ITEMS, April 2, 2019

ABSTRACT: Eight Noteworthy City Council Regular Meeting Agenda Items, April 2, 2019, including PUBLIC APPEARANCES, ANNOUNCEMENTS; CONSENT AGENDA namely Monthly Reports for February: 1). City Administrator Contract Log; 2.) Community Planning and Building Department Reports; 3.) Police, Fire, and Ambulance Reports; 4.) Public Records Act Requests, and 5.) Forester Reports, February 2019 Check Register Summary and Resolution No. 2019-026, authorizing the City Administrator to execute a Professional Services Agreement with Wald Ruhnke & Dost for Architectural Design and Construction Support Services for the Harrison Memorial Library Meeting Room Project for a not-to-exceed fee, including contingency, of $53,240; ORDERS OF BUSINESS namely Review of the City’s Beach Fire Pilot Program (CDP 18-231) and provide direction to staff on potential modifications; PUBLIC HEARINGS namely Consideration of an Encroachment Permit application (EN 17-043, Fountain) for driveway retaining walls in the public right-of-way and an appeal of a Forest and Beach Commission decision to deny the removal of public trees, both actions associated with a proposed new building in the Residential and Limited Commercial (RC) Zoning District located on the north side of Eighth Avenue between Mission Street and Junipero Avenue and An Urgency Ordinance prohibiting transient rentals in the Commercial and Multi-Family Zoning Districts and prohibiting the advertising of transient rentals within all Zoning Districts.  The CITY OF CARMEL-BY-THE-SEA CITY COUNCIL AGENDA REGULAR MEETING Tuesday, April 2, 2019 and Staff Report document copies are embedded. 

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL AGENDA

REGULAR MEETING

Tuesday, April 2, 2019

OPEN SESSION 4:30 PM

CALL TO ORDER AND ROLL CALL

Mayor Dave Potter, Council Members Jeff Baron, Jan Reimers, Bobby Richards, and Carrie Theis

PUBLIC APPEARANCES

Members of the Public are invited to speak on any item that does not appear on the Agenda and that is within the subject matter jurisdiction of the City Council. The exception is a Closed Session agenda, where speakers may address the Council on those items before the Closed Session begins. Speakers are usually given three (3) minutes to speak on any item; the time limit is in the discretion of the Chair of the meeting and may be limited when appropriate. Applicants and appellants in land use matters are usually given more time to speak. If an individual wishes to submit written information, he or she may give it to the City Clerk. Speakers and any other members of the public will not approach the dais at any time without prior consent from the Chair of the meeting.

ANNOUNCEMENTS

CONSENT AGENDA

Items on the consent agenda are routine in nature and do not require discussion or independent action. Members of the Council, Board or Commission or the public may ask that any items be considered individually for purposes of Council, Board or Commission discussion and/ or for public comment. Unless that is done, one motion may be used to adopt all recommended actions.

1. Monthly Reports for February: 1). City Administrator Contract Log; 2.) Community Planning and Building Department Reports; 3.) Police, Fire, and Ambulance Reports; 4.) Public Records Act Requests, and 5.) Forester Reports.

Monthly Reports for February: 1). City Administrator Contract Log; 2.) Community Planning and Building Department Reports; 3.) Police, Fire, and Ambulance Reports; 4.) Public Records Act Requests, and 5.) Forester Reports.

2. February 2019 Check Register Summary

February 2019 Check Register Summary

3. Resolution No. 2019-026, authorizing the City Administrator to execute a Professional Services Agreement with Wald Ruhnke & Dost for Architectural Design and Construction Support Services for the Harrison Memorial Library Meeting Room Project for a not-to-exceed fee, including contingency, of $53,240.

Resolution No. 2019-026, authorizing the City Administrator to execute a Professional Services Agreement with Wald Ruhnke & Dost for Architectural Design and Construction Support Services for the Harrison Memorial Library Meeting Room Project for a not-to-exceed fee, including contingency, of $53,240.

ORDERS OF BUSINESS

Orders of Business are agenda items that require City Council, Board or Commission discussion, debate, direction to staff, and/or action.

6. Review of the City’s Beach Fire Pilot Program (CDP 18-231) and provide direction to staff on potential modifications.

Review of the City’s Beach Fire Pilot Program (CDP 18-231) and provide direction to staff on potential modifications.

PUBLIC HEARINGS

7. Consideration of an Encroachment Permit application (EN 17-043, Fountain) for driveway retaining walls in the public right-of-way and an appeal of a Forest and Beach Commission decision to deny the removal of public trees, both actions associated with a proposed new building in the Residential and Limited Commercial (RC) Zoning District located on the north side of Eighth Avenue between Mission Street and Junipero Avenue.

Consideration of an Encroachment Permit application (EN 17-043, Fountain) for driveway retaining walls in the public right-of-way and an appeal of a Forest and Beach Commission decision to deny the removal of public trees, both actions associated with a proposed new building in the Residential and Limited Commercial (RC) Zoning District located on the north side of Eighth Avenue between Mission Street and Junipero Avenue.

8. An Urgency Ordinance prohibiting transient rentals in the Commercial and Multi-Family Zoning Districts and prohibiting the advertising of transient rentals within all Zoning Districts. 

An Urgency Ordinance prohibiting transient rentals in the Commercial and Multi-Family Zoning Districts and prohibiting the advertising of transient rentals within all Zoning Districts.

ADJOURNMENT

STACY LININGER, Plaintiff, vs. RONALD PFLEGER, CITY OF CARMEL, DEAN FLIPPO, District Attorney of Monterey County California, and DOES 1-50, Defendants: JOINT FURTHER CASE MANAGEMENT CONFERENCE STATEMENT (January 29, 2019), JOINT STATEMENT RE: SCHEDULING OF DEFENDANT RONALD PFLEGER’S DEPOSITION ( January 31, 2019) & ORDER REGARDING THE PARTIES’ FEBRUARY 1, 2019 JJOINT DISCOVERY LETTER (February 1, 2019)

ABSTRACT: RE: STACY LININGER, Plaintiff, vs. RONALD PFLEGER, CITY OF CARMEL, DEAN FLIPPO, District Attorney of Monterey County California, and DOES 1-50, Defendants, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA  SAN JOSE DIVISION,  Case No. 17-cv-003385-SVK: JOINT FURTHER CASE MANAGEMENT CONFERENCE STATEMENT (January 29, 2019), JOINT STATEMENT RE: SCHEDULING OF DEFENDANT RONALD PFLEGER’S DEPOSITION ( January 31, 2019) & ORDER REGARDING THE PARTIES’ FEBRUARY 1, 2019 JJOINT DISCOVERY LETTER (February 1, 2019) document copies are embedded.  Significantly, For the reasons stated at the hearing, the Court ORDERS as follows:
Although Plaintiff seeks to depose Defendant Pfleger after the close of fact discovery, Plaintiff contacted Defendants to schedule the deposition on January 16, 2019, prior to the close of fact discovery. Here, the interest in the discovery of potentially relevant evidence outweighs the prejudice to Defendants. Accordingly, Defendants shall produce Defendant Ronald Pfleger for a deposition on a date of his choosing to take place no later than February 28, 2019.

SO ORDERED.

Dated: February 5, 2019
SUSAN VAN KEULEN
United States Magistrate Judge

JOINT FURTHER CASE MANAGEMENT CONFERENCE STATEMENT (January 29, 2019)

JOINT STATEMENT RE: SCHEDULING OF DEFENDANT RONALD PFLEGER’S DEPOSITION (January 31, 2019)

ORDER REGARDING THE PARTIES’ FEBRUARY 1, 2019 JOINT DISCOVERY LETTER (February 1, 2019)

REFERENCE:

5:17-cv-03385-SVK Lininger v. Pfleger et al
Susan van Keulen, presiding
Date filed: 06/12/2017
Date of last filing: 02/05/2019

History

Doc. No.	Dates	Description
1	Filed & Entered:  06/12/2017	Complaint
2	Filed & Entered:   06/12/2017	Case Assigned by Intake
3	Filed & Entered: 06/12/2017	Initial Case Management Scheduling Order with ADR Deadlines
4	Filed & Entered:   06/12/2017	Summons Issued
5	Filed & Entered:  06/27/2017	Clerk's Notice re: Consent or Declination
6	Filed & Entered:   07/10/2017	Consent/Declination to Proceed Before a US Magistrate Judge
7	Filed & Entered:   08/04/2017	ADR Certification (ADR L.R. 3-5 b)of discussion of ADR options
8	Filed & Entered:   08/04/2017	Consent/Declination to Proceed Before a US Magistrate Judge
9	Filed & Entered:   08/09/2017	Answer to Complaint
10	Filed & Entered:   08/09/2017	Clerk's Notice re: Consent or Declination
11	Filed & Entered:  08/11/2017 Terminated:11/06/2017	Motion to Dismiss
12	Filed & Entered:   08/11/2017	Clerk's Notice re: Consent or Declination
13	Filed & Entered:   08/11/2017	Consent/Declination to Proceed Before a US Magistrate Judge
14	Filed & Entered:   08/11/2017	Clerk's Notice
15	Filed & Entered:  08/22/2017 Terminated:08/22/2017	Stipulation
16	Filed & Entered:   08/22/2017	Order on Stipulation
17	Filed & Entered:   08/22/2017	Clerk's Notice
18	Filed & Entered:   08/22/2017	ADR Certification (ADR L.R. 3-5 b)of discussion of ADR options
19	Filed & Entered:   08/22/2017	ADR Certification (ADR L.R. 3-5 b)of discussion of ADR options
20	Filed & Entered:  08/22/2017 Terminated:08/30/2017	Stipulation and Proposed Order selecting Early Neutral Evaluation
21	Filed & Entered:   08/30/2017	Order Referring Case to Early Neutral Evaluation
22	Filed & Entered:  09/05/2017	Opposition/Response to Motion
23	Filed & Entered:   09/06/2017	Opposition/Response to Motion
24	Filed & Entered:  09/06/2017 Terminated:09/07/2017	Stipulation
25	Filed & Entered:   09/07/2017	Order on Stipulation
26	Filed & Entered:  09/14/2017 Terminated:09/22/2017	Stipulation
27	Filed & Entered:   09/14/2017	ADR Clerk's Notice Appointing ENE Evaluator
28	Filed & Entered:   09/19/2017	Reply to Opposition/Response
29	Filed & Entered:   09/22/2017	Order on Stipulation
30	Filed & Entered:   10/24/2017	Motion Hearing
31	Filed & Entered:   10/26/2017	Clerk's Notice
32	Filed & Entered:   11/06/2017	Order on Motion to Dismiss
33	Filed & Entered:  11/13/2017 Terminated:12/21/2017	Motion for Reconsideration
34	Filed & Entered:  11/13/2017 Terminated:11/13/2017	Motion for Reconsideration
	Filed & Entered:   11/14/2017	Set/Reset Hearings
35	Filed & Entered:   11/17/2017	Order
36	Filed & Entered:   12/08/2017	Opposition/Response to Motion
37	Filed & Entered:   12/15/2017	Reply to Opposition/Response
38	Filed & Entered:   12/21/2017	Order on Motion for Reconsideration
39	Filed & Entered:   01/22/2018	Amended Complaint
40	Filed & Entered:   02/02/2018	Certification of ADR Session
41	Filed & Entered:   02/05/2018	Answer to Amended Complaint
42	Filed & Entered:  02/05/2018 Terminated:04/04/2018	Motion to Dismiss
43	Filed & Entered:   02/20/2018	Opposition/Response to Motion
44	Filed & Entered:   02/27/2018	Reply to Opposition/Response
45	Filed & Entered:   02/27/2018	Certificate of Service
46	Filed & Entered:   03/20/2018	Motion Hearing
47	Filed & Entered:   04/04/2018	Order on Motion to Dismiss
48	Filed & Entered:   04/10/2018	Clerk's Notice
49	Filed & Entered:  04/16/2018 Terminated:04/26/2018	Motion for Reconsideration
50	Filed & Entered:   04/25/2018	Clerk's Notice
51	Filed & Entered:   04/26/2018	Order on Motion for Reconsideration
52	Filed & Entered:   05/15/2018	Joint Case Management Statement
53	Filed & Entered:   05/15/2018	Notice of Appeal
54	Filed & Entered:   05/16/2018	USCA Case Number
55	Filed & Entered:   05/22/2018	Case Management Conference - Initial
56	Filed & Entered:   05/24/2018	Digital Audio File Uploaded
57	Filed & Entered:   01/22/2019	Notice of Change of Address
58	Filed & Entered:   01/29/2019	Case Management Statement
59	Filed & Entered:  02/02/2019 Terminated:02/05/2019	Discovery Letter Brief
60	Filed & Entered:   02/04/2019	Clerk's Notice
61	Filed & Entered:   02/05/2019	Clerk's Notice
62	Filed & Entered:   02/05/2019	Digital Audio File Uploaded
63	Filed & Entered:   02/05/2019	Case Management Conference - Further
64	Filed & Entered:   02/05/2019	Order on Discovery Letter Brief