Besk v. City and County of San Fransisco

1993 WL 181496

976 F.Supp. 896

COMPLAINT (No Process) Fee status pd entered on 10/2/91 in the amount of $ 120.00 ( Receipt No. 89430) Class Action (th, COURT STAFF) (Entered: 10/02/1991)

EXHIBITS re complaint [1-1] (th, COURT STAFF) (Entered: 10/02/1991)

DEMAND for jury trial by plaintiffs (th, COURT STAFF) (Entered: 10/02/1991)

NOTICE by plaintiff of related case(s) 78-2774-WHO & 91-3453-SBA (th, COURT STAFF) (Entered: 10/02/1991)

RESPONSE by defendants re related case notice [4-1] (th, COURT STAFF) (Entered: 10/16/1991)

ORDER by Senior Judge William H. Orrick granting related case notice [4-1]. Relating 78-2774-WHO and 91-3453-SBA to reassign to Senior Judge William H. Orrick ( Date Entered: 10/25/91) (cc: all counsel) (th, COURT STAFF) (Entered: 10/25/1991)

CLERK'S NOTICE ; Status conference set for 2/5/92 2:00 (dm, COURT STAFF) (Entered: 11/15/1991)

PROOF OF SERVICE by plaintiffs William Besk, Pete Morales, Mauricio Palacio, Manuel Rojas of notice of order (as, COURT STAFF) (Entered: 11/07/1991)

ANSWER by defendant SF City & County, defendant Art Agnos, defendant Michael Hennessey, defendant Board of Supervisors to complaint [1-1]; jury demand (dm, COURT STAFF) (Entered: 12/09/1991)

STATUS CONFERENCE STATEMENT by defendants (mcl, COURT STAFF) (Entered: 01/27/1992)

STATUS CONFERENCE STATEMENT by plaintiffs (mcl, COURT STAFF) (Entered: 01/30/1992)

PROOF OF SERVICE by mail by plaintiffs of status conference statement (mcl, COURT STAFF) (Entered: 01/30/1992)

MINUTES: ( C/R Jo Ann Lauritzen) ; Status conference held on 2/5/92 (mcl, COURT STAFF) (Entered: 02/06/1992)

ORDER by WHO : status conference held on 2/5/92 and continued to 2:00 3/19/92; counsel are to hold a series of meetings on 2/12/92, 2/18/92, 2/28/92, 3/6/92, the first two meetings concern discovery and class certification, the second two meetings for purposes of discussing settlement; the Court will hear all discovery matters (cc: all counsel) (mcl, COURT STAFF) (Entered: 02/20/1992)

CLERK'S NOTICE ;Status conference set for 2:00 3/26/92 (mcl, COURT STAFF) (Entered: 03/23/1992)

LETTER dated 3/23/92 from James Severson on behalf of plaintiffs re rescheduling of status conference (mcl, COURT STAFF) (Entered: 03/25/1992)

LETTER dated 3/30/92 from James Severson on behalf of plaintiffs re rescheduling of status conference to 4/20/92 at 2:00 pm (mcl, COURT STAFF) (Entered: 04/01/1992)

STIPULATION and ORDER by WHO re Class Certification motion pending the outcome of the parties' settlement negotiations (see order for details) (cc: all counsel) (mcl, COURT STAFF) (Entered: 04/09/1992)

CLERK'S NOTICE ;Status conference continued to 2:00 5/21/92 (mcl, COURT STAFF) Modified on 04/13/1992 (Entered: 04/13/1992)

PROOF OF SERVICE by mail by plaintifsf of Stipulation and Order re class certification motion (mcl, COURT STAFF) Modified on 04/22/1992 (Entered: 04/21/1992)

CLERK'S NOTICE ;Status conference continued to 2:00 6/18/92 (mcl, COURT STAFF) (Entered: 05/19/1992)

CLERK'S NOTICE ;Status conference continued to 2:00 7/15/92 (mcl, COURT STAFF) (Entered: 06/05/1992)

RECEIVED letter dated 6/1/92 from Dennis Aftergut re rescheduling of status conference in the Besk case and hearing on attorney's fees in the Stone case (mcl, COURT STAFF)

STATUS CONFERENCE STATEMENT by defendants (mcl, COURT STAFF) (Entered: 07/09/1992)

STATUS CONFERENCE STATEMENT by plaintiffs (mcl, COURT STAFF) (Entered: 07/10/1992)

STATUS CONFERENCE STATEMENT by defendants (mcl, COURT STAFF) (Entered: 12/11/1992)

LETTER dated 12/18/92 from Dennis Aftergut re status conferencefor 2/18/93 (mcl, COURT STAFF) (Entered: 01/25/1993)

CLERK'S NOTICE Status conference set for 2:00 2/18/93 ; (mcl, COURT STAFF) (Entered: 01/25/1993)

LETTER dated 3/19/93 from Dennis Aftergut re request for status conference to be held on 4/15/93 (mcl, COURT STAFF) (Entered: 04/01/1993)

CLERK'S NOTICE Status conference set for 2:00 4/15/93 ; (mcl, COURT STAFF) (Entered: 04/01/1993)

JOINT STATUS CONFERENCE STATEMENT (mcl, COURT STAFF) (Entered: 04/09/1993)

MINUTES: ( C/R Angie Roberts) Status Conference held on 4/15/93 ; fairness hearing will be held 2:00 5/13/93 ; (mcl, COURT STAFF) (Entered: 04/20/1993)

ORDER by WHO hearing re settlement will be held 5/13/93 at 2:00 pm ; response to settlement due 5/6/93 (see order) ( Date Entered: 4/28/93) (cc: all counsel) (mcl, COURT STAFF) (Entered: 04/28/1993)

CLERK'S NOTICE fairness hearing continued to 2:00 5/20/93 (mcl, COURT STAFF) (Entered: 05/03/1993)

MINUTES: ( C/R Carol Karen) fairness hearing held ; Court approves stipulation of the class and dismissal of the case (mcl, COURT STAFF) (Entered: 05/21/1993)

LETTER dated 4/22/93 from Cornel Pierre Richmond re amount of damages (mcl, COURT STAFF) (Entered: 05/24/1993)

STIPULATION and ORDER by WHO : dismissing case with prejudice ; defendants to pay plaintiff the sum of $75,000.00 upon final approval of this settlement ... (see document) (cc: all counsel) (mcl, COURT STAFF) (Entered: 05/28/1993)

STIPULATION and ORDER by WHO : certifying class action for settlement purposes (see document) (cc: all counsel) (mcl, COURT STAFF) (Entered: 05/28/1993)

NOTICE OF MOTION AND MOTION before WHO by plaintiff in 3:91-cv-03453 for leave to amend complaint, and to certify class action with Notice set for 4/21/94 at 2:00 pm [3:91-cv-03453] (mcl, COURT STAFF) (Entered: 03/22/1994)

MEMORANDUM of points and authorities by plaintiffs in 3:91-cv-03453 in support of motion for leave to amend complaint [38-1], of motion to certify class action [38-2] [3:91-cv-03453] (mcl, COURT STAFF) (Entered: 03/22/1994)

DECLARATION by Morton P. Cohen on behalf of plaintiffs in 3:91-cv-03453 re motion for leave to amend complaint [38-1], re motion to certify class action [38-2] [3:91-cv-03453] (mcl, COURT STAFF) (Entered: 03/22/1994)

RECEIVED Order ( plaintiffs in 3:91-cv-03453) re: [38-1], re: [38-2] [3:91-cv-03453] (mcl, COURT STAFF)

AMENDED COMPLAINT [1-1] by Plaintiffs in 3:91-cv-03453 [3:91-cv-03453] (cs, COURT STAFF) (Entered: 06/02/1997)

RECEIVED Stipulated Order re filing of amended complaint and continuing hearing on motion for class certification [3:91-cv-03453] (mcl, COURT STAFF)

STIPULATION and ORDER by WHO : granting plaintiffs' motion for leave to amend complaint [38-1], resetting hearing on motion to certify class action [38-2] 2:00 6/9/94 ; plaintiffs' amended complaint shall be deemed filed as of 3/18/94, defendants have up to & incl 5/12/94 to answer ; opposition brief to motion to certify due 5/19/94 ; reply brief due 6/2/94 (cc: all counsel) [3:91-cv-03453] (mcl, COURT STAFF) (Entered: 04/15/1994)

PROOF OF SERVICE by defendant SF City & County in 3:91-cv-03453 of Stipulation and order re filing of amended complaint and continuing hearing on motion for class certification [3:91-cv-03453] (mcl, COURT STAFF) (Entered: 04/21/1994)

ORDER by Senior Judge William H. Orrick Special Master Allen F. Breed is appointed for the purpose of determining whether defendants are in compliance with the settlement agreement set for in the Court's Order of 5/24/93 ( Date Entered: 4/26/94) (cc: all counsel) [3:91-cv-03453] (mcl, COURT STAFF) (Entered: 04/26/1994)

LETTER dated 4/26/94 from Joanne Hoeper to Ms. Bowcock re amendment to service list : all orders should be served on Joanne Hoeper, Deputy City Attorney, Fox Plaza, 1390 Market Street, 6th Floor, San Francisco, CA 94102, for defendant City and County of SF [3:91-cv-03453] (mcl, COURT STAFF) (Entered: 05/02/1994)

ANSWER by defendant in 3:91-cv-03453 to amended complaint; jury demand [3:91-cv-03453] (tn, COURT STAFF) (Entered: 07/05/1994)

STIPULATION and ORDER by Senior Judge William H. Orrick for deposition of plaintiff (cc: all counsel) [3:91-cv-03453] (tn, COURT STAFF) (Entered: 08/23/1994)

PROOF OF SERVICE by Defendant SF City & County in 3:91-cv-03453 of stipulated order [3:91-cv-03453] (tn, COURT STAFF) (Entered: 08/25/1994)

OBJECTIONS by defendants in 3:91-cv-03453 to special master's report on defendants' compliance with settlement agreement set forth in order of 5/24/93 [3:91-cv-03453] (tn, COURT STAFF) (Entered: 09/16/1994)

CLERK'S NOTICE Status conference set for 2:30 10/12/94 ; [3:91-cv-03453] (ga, COURT STAFF) (Entered: 09/23/1994)

CLERK'S NOTICE Special Master's Report hearing will be held 2:00 10/13/94 ; [3:91-cv-03453] (ga, COURT STAFF) (Entered: 09/23/1994)

RESPONSE by Plaintiff in 3:91-cv-03453 to defendants' objections to special masters' report on defendants compliance [48-1] [3:91-cv-03453] (tn, COURT STAFF) (Entered: 09/27/1994)

STATUS CONFERENCE STATEMENT by defendants in 3:91-cv-03453 [3:91-cv-03453] (tn, COURT STAFF) (Entered: 10/06/1994)

STATUS CONFERENCE STATEMENT by Plaintiffs in 3:91-cv-03453 [3:91-cv-03453] (tn, COURT STAFF) (Entered: 10/06/1994)

CLERK'S NOTICE Status conference set for 2:00 p.m. on 11/17/94 ; and that status conference statements is due 7 days before the conference [3:91-cv-03453] (tn, COURT STAFF) (Entered: 10/17/1994)

MINUTES: ( C/R Kay Hill) status conference held: The Court appoints Allen Breed as Special Master, Case reopened [3:91-cv-03453] (tn, COURT STAFF) (Entered: 11/22/1994)

ORDER by Senior Judge William H. Orrick relating caseu to C-94-4101-WHO (cc: all counsel) [3:91-cv-03453] (tn, COURT STAFF) (Entered: 12/22/1994)

STIPULATION and ORDER by Senior Judge William H. Orrick : appointing special master, Allen F. Breed (cc: all counsel) [3:91-cv-03453] (tn, COURT STAFF) (Entered: 03/20/1995)

ORDER by Senior Judge William H. Orrick that the stipulation and order of appointment of special master filed on 3/17/95 is amended as follows: on page 8, line 26, insert "10/1/95" after "than." (cc: all counsel) [3:91-cv-03453] (tn, COURT STAFF) (Entered: 04/06/1995)

MOTION before Senior Judge William H. Orrick by Plaintiffs in 3:91-cv-03453 for class certification with Notice set for 6/15/95 at 2:00 [3:91-cv-03453] (tn, COURT STAFF) (Entered: 05/08/1995)

AMENDED MEMORANDUM by Plaintiffs in 3:91-cv-03453 in support of motion for class certification [59-1] [3:91-cv-03453] (tn, COURT STAFF) (Entered: 05/08/1995)

LETTER dated 5/19/95 from Beth H. Parker in 3:91-cv-03453 re taking motion for class certification off calendar [3:91-cv-03453] (tn, COURT STAFF) (Entered: 05/24/1995)

CLERK'S NOTICE Status conference set for 2:00 p.m. on 8/3/95 [3:91-cv-03453] (tn, COURT STAFF) (Entered: 06/21/1995)

STIPULATION and ORDER by Senior Judge William H. Orrick re: class certification [see document for more info.] (cc: all counsel) [3:91-cv-03453] (tn, COURT STAFF) (Entered: 06/21/1995)

NOTICE by Plaintiffs of entry of order; designation of counsel [3:91-cv-03453] (tn, COURT STAFF) (Entered: 07/06/1995)

CLERK'S NOTICE vacating status conference scheduled for 8/3/95 at 2:00 p.m. ; the court will re-schedule another status conference after receiving report from the special master's report which is due in October [3:91-cv-03453] (tn, COURT STAFF) (Entered: 07/13/1995)

STATUS CONFERENCE STATEMENT by plaintiff Talcum Marsh [3:91-cv-03453] (tn, COURT STAFF) (Entered: 08/02/1995)

ORDER by Senior Judge William H. Orrick; It is HEREBY ORDERED that the 10/1/95 date by which Special Master Breed is to submit his final report to the Court is VACATED. The Special Master shall provide a draft report to the parties by 11/1/95 and submit a final report to the Court by 12/1/95. ( Date Entered: 9/13/95) (cc: all counsel) [3:91-cv-03453] (ls, COURT STAFF) (Entered: 09/13/1995)

REPORTER'S TRANSCRIPT; Date of proceedings: 11/17/94 ( C/R: Kay C. Hill) Scheduling order status conference held: The Court appoints Allen Breed as Special Master [55-1], Scheduling order Case reopened [55-2], minutes [55-3] [3:91-cv-03453] (ls, COURT STAFF) (Entered: 09/13/1995)

ORDER by Senior Judge William H. Orrick: It is hereby Ordered that the 12/1/95 date by which Special Master Breed is to submit his final report to the Court is continued to 12/15/95. (cc: all counsel) [3:91-cv-03453] (ls, COURT STAFF) (Entered: 12/12/1995)

STIPULATION and ORDER by Senior Judge William H. Orrick : The conference to review the Special Master's Findings and Conclusions of Fact be continued to 12/8/95 (or to such other date that is convenient for the Special Master. (cc: all counsel) [3:91-cv-03453] (cs, COURT STAFF) (Entered: 12/12/1995)

OBJECTIONS by defendant Board of Supervisors in 3:91-cv-03453, defendant Michael Hennessey in 3:91-cv-03453, defendant Art Agnos in 3:91-cv-03453, defendant SF City and County in 3:91-cv-03453 to Special Master's Findings and Conclusions of Fact. [3:91-cv-03453] (cs, COURT STAFF) (Entered: 12/18/1995)

ORDER by Senior Judge William H. Orrick that on or before 1/16/96 the parties shall file objections, if any, to the Special Master's findings and conclusions of fact lodged with the court on 12/15/95. Replies to the objections, if any, shall be filed on or before 1/23/96. ( Date Entered: 1/13/96) (cc: all counsel) [3:91-cv-03453] (cs, COURT STAFF) (Entered: 01/13/1996)

AMENDMENT by defendants in 3:91-cv-03453 to objection [71-1] [3:91-cv-03453] (cs, COURT STAFF) (Entered: 01/18/1996)

RESPONSE by Plaintiffs in 3:91-cv-03453 re amend [73-1] [3:91-cv-03453] (cs, COURT STAFF) (Entered: 01/25/1996)

ORDER by Senior Judge William H. Orrick setting hearing RE objection [71-1] 2:00 3/21/96 ( Date Entered: 3/4/96) (cc: all counsel) [3:91-cv-03453] (cs, COURT STAFF) (Entered: 03/04/1996)

OBJECTIONS by defendant in 3:91-cv-03453 due to changed circumstances to special master's findings and conclusions of fact. [3:91-cv-03453] (cs, COURT STAFF) (Entered: 03/18/1996)

DECLARATION by Sheriff Michael Hennessey on behalf of defendant in 3:91-cv-03453 re objection [76-1] [3:91-cv-03453] (cs, COURT STAFF) (Entered: 03/18/1996)

RESPONSE by Plaintiff in 3:91-cv-03453 re objection [76-1] [3:91-cv-03453] (cs, COURT STAFF) (Entered: 03/20/1996)

MINUTES: ( C/R Judith Dudeck) Hearing held 3/21/96 RE objections to the special master's findings and conclusions. Case continued to 6/13/96 at 2:00 p.m. for cross motions for summary judgment. The court approves the special master's report. Counsel shall file cross motions for summary judgment under the 35 day rule. [3:91-cv-03453] (cs, COURT STAFF) (Entered: 03/22/1996)

ORDER by Senior Judge William H. Orrick; The special master's findings and conclusions of law are approved as submitted; cross motions for summary judgment will be heard on 6/13/96 at 2:00 p.m. ( Date Entered: 3/28/96) (cc: all counsel) [3:91-cv-03453] (cs, COURT STAFF) (Entered: 03/28/1996)

FINDINGS of fact and conclusions of law by Special Master (cc: all counsel) [3:91-cv-03453] (cs, COURT STAFF) (Entered: 04/23/1996)

STIPULATION and ORDER by Senior Judge William H. Orrick : Extending briefing schedule and hearing on cross motions for summary judgment [SEE ORDER FOR FURTHER INFORMATION] (cc: all counsel) [3:91-cv-03453] (cs, COURT STAFF) (Entered: 05/09/1996)

DECLARATION by Joanne Hoeper on behalf of defendant in 3:91-cv-03453 re motion for class certification [59-1] [3:91-cv-03453] (cs, COURT STAFF) (Entered: 05/15/1996)

NOTICE OF MOTION AND MOTION before Senior Judge William H. Orrick by defendant in 3:91-cv-03453 to decertify class if new class representatives do not intervene with Notice set for 7/18/96 at 2:00 p.m. [3:91-cv-03453] (cs, COURT STAFF) (Entered: 05/15/1996)

MEMORANDUM by defendant in 3:91-cv-03453 in support of motion to decertify class if new class representatives do not intervene [84-1] [3:91-cv-03453] (cs, COURT STAFF) (Entered: 05/15/1996)

MEMORANDUM by defendants in 3:91-cv-03453 in support of motion for summary judgment or in the alternative for partial summary judgment on class claims. [3:91-cv-03453] (cs, COURT STAFF) (Entered: 05/24/1996)

DECLARATION by Donald Seaver on behalf of defendant in 3:91-cv-03453 re memorandum [86-1] [3:91-cv-03453] (cs, COURT STAFF) (Entered: 05/24/1996)

DECLARATION by Tim Rougeux on behalf of defendant in 3:91-cv-03453 re memorandum [86-1] [3:91-cv-03453] (cs, COURT STAFF) (Entered: 05/24/1996)

DECLARATION by Sheriff Michael Hennessey on behalf of defendant in 3:91-cv-03453 re memorandum [86-1] [3:91-cv-03453] (cs, COURT STAFF) (Entered: 05/24/1996)

DECLARATION by Joseph Goldenson on behalf of defendant in 3:91-cv-03453 re memorandum [86-1] [3:91-cv-03453] (cs, COURT STAFF) (Entered: 05/24/1996)

DECLARATION by Deputy Aguilar on behalf of defendant in 3:91-cv-03453 re memorandum [86-1] [3:91-cv-03453] (cs, COURT STAFF) (Entered: 05/24/1996)

DECLARATION by Joanne Hoeper on behalf of defendant in 3:91-cv-03453 re memorandum [86-1] [3:91-cv-03453] (cs, COURT STAFF) (Entered: 05/24/1996)

NOTICE OF MOTION AND MOTION before Senior Judge William H. Orrick by defendant in 3:91-cv-03453 for summary judgment or in the alternative partial summary judgment on plaintiff Miguel Villanueva's individual claims with Notice set for 7/18/96 at 10:30 a.m. [3:91-cv-03453] (cs, COURT STAFF) (Entered: 05/24/1996)

MEMORANDUM by defendants in 3:91-cv-03453 in support of motion for summary judgment or in the alternative partial summary judgment on plaintiff Miguel Villanueva's individual claims [93-1] [3:91-cv-03453] (cs, COURT STAFF) (Entered: 05/24/1996)

NOTICE OF MOTION AND MOTION before Senior Judge William H. Orrick by defendant in 3:91-cv-03453 for summary judgment, or in the alternative for partial summary judgment on plaintiff Eddie Tate's individual claims with Notice set for 7/18/96 at 10:30 a.m. [3:91-cv-03453] (cs, COURT STAFF) (Entered: 05/24/1996)

MEMORANDUM by defendants in 3:91-cv-03453 in support of motion for summary judgment [95-1], of motion for partial summary judgment on plaintiff Eddie Tate's individual claims [95-2] [3:91-cv-03453] (cs, COURT STAFF) (Entered: 05/24/1996)