Free Case Management Statement - District Court of California - California

Case 4:08-cv-01241-CW

Document 31

Filed 06/06/2008

Page 1 of 7

1 HANSON BRIDGElT LLP
KIMON MANOLIUS -154971"
2 kmanolius~hansonbridgett.com

JULIA H. VEIT - 209207
3 jveit~hansonbridgett.com

DENA M. DUTHOY - 239900
4 dduthoy~hansonbridgett.com

425 Market Stræt, 26th Floor
5 San Francisco, CA 94105 Telephone: (415) 777-3200 6 Facsimile: (415) 541-9366
7 Attorneys for Defendant

PENINSULA CORRIDOR JOINT POWERS BOARD
8 9

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF

10
11

CALIFORNIA

12 JEROME L. GRIMES,

13 Plaintif, 14 v.
15 ROBERT SCHREADER; CAL TRAIN,

No. CV 08-1241 MMC

DEFENDANT'S CASE"MANAGEMENT STATEMENT AND RULE 26(1 REPORT

16 Defendants.
17 18

19 TO THE HONORABLE MAXINE M. CHESNEY:
20 Pursuant to Federal Rule of Civil Procedure, Rule 26(f), Local Rule 16-9(a), and
21 the Standing Order for All Judges of the Northern District of California, Re: Contents of
22 Joint Case Management Statement, Defendant Peninsula Corrdor Joint Powers Board
23 erroneously sued as Caltrain ("JPB" or "defendant') to the above-entitled action submits this

24 Case Management Statement and Proposed Order and requests that the Court adopt it

25 as its Case Management Order in this case.

26 JPB submits this statement separately in light of pro per plaintiff Jerome L.
,

27 Grimes' election to submit a separate Case Management Statement. Local Rule 16-

28

9(a). Thus, plaintiff's position on the matters discussed herein are as set forth in
- 1 -

DEFT'S CASE MANAGEMENT STATEMENT; CASE NO. CV-08-1241
MMC

1484165.1

Case 4:08-cv-01241-CW

Document 31

Filed 06/06/2008

Page 2 of 7

1 plaintiff's separate "Joint Case Management Statement and Proposed Order" filed with

2 this Court on May 28, 2008.

3 1.

Jurisdiction and Service

4 JPB is informed and believes that plaintiff has not served defendant Robert
5 Schreader in this action. JPB is informed and believes that Mr. Schreader is an
6 employee of the National Railroad Passenger Corporation aka Amtrak, an entity
7 unrelated to JPB.

8 JPB submits that this Court has original jurisdiction over this civil action under
9 28 U.S.C. § 1331 and §1441(c) and supplemental jurisdiction under 28 U.S.C. § 1367.
10 JPB submits this action was properly removed to this Court pursuant to the provisions of

11 28 U.S.C. § 1441 (b).

12 2.

Facts

. 13 On January 31 , 2008, plaintif commence an action in the Superior Court for the State of

14 Califomia, in and for the County of San Mateo entitled Jerome L. Grimes v. Robert Schreader,
15 Caltrain, Case Number CIV 469795, and defendant JPB was served with a copy of the Summons

16 and Complaint on February 1, 2008. JPB timely removed the action to this Court on March 3,

17 2008.

18 To the extent that defendant æn disæm from plaintifs æption, which spans three pages,
19 plaintif purports to bring claims for an "Abuse of Authori consisting of false imprisonment and
20 arrest; hardship in violation of the Sixth Amendment of

the United States Constitution; defamation
Incident-Complaints/Reports To Be'

21 of character; pe~ury; "Antedating And Falsifing Criminal

22 Used In Trial Proæeings Or Inquiry -Penal Code

131 , And, Penal Code 132"; "Covert

23 Kidnapping-Penal Code 207"; "Attempt To Intimidate and Dissuade The Plaintif From Reporting

24 The Defendants Abuse of Authori; attempt to dissuade the plaintifs efforts to identif the "Cal

25 Train #54"; pett theft of Caltrain ticket; and Conspiracy. (Complaint, æption, pp. 1-3 (punctuation
26 and emphasis in original).)

27 Presumably, this matter arises out of a trip that plaintif took on Caltrain on or about

28

Deæmber 26, 2007 wherein plaintif alleges defendant Robert Schreader "induce" and

- 2DEFT'S CASE MANAGEMENT STATEMENT; CASE NO. CV-08-1241
MMC
1484165.1

Case 4:08-cv-01241-CW

Document 31

Filed 06/06/2008

Page 3 of 7

1 "entrapped" plaintif, took plaintifs Caltrain ticket, told him to get off the train, and ælled the poliæ
2 for assistanæ, which is the "cold blooed modus operandi, of the, Post-09/11 /01, covert terror

3 network." (Id., 5:2-10 (punctuation and emphasis in original).)
4 Defendant denies and disputes plaintiff's claims.

5 The principal factual issues that the parties dispute are: (1) whether there are
6 sufficient facts to establish any claim upon which relief may be granted; (2) whether

7 deféndant JPB violated plaintiff's rights in any manner; (3) whether defendant Schreader

8 violated plaintiff's rights in any mann~r.

9 3.

Leaallssues

1 0 Plaintifs Complaint, alleging an "Abuse of Authori under the Sixth Amendment of the

11 United States of Ameriæ, fails to state a conizable claim for relief. Plaintifs Complaint, which
12 alleges various acts of "terrot' against defendant, is unintellgible, unsupported, and barred by the
13 appliæble federal and state laws on which plaintifs claims are premised. Among other

14 deficiencies addressed in JPB's motion for judgment on the pleadings, plaintiff fails to .
15 demonstrate that JPB, a government entity, can be held liable for the acts

alleged under

16 Monell and its progeny. Monell v. Dep't of Soc. Servs., 436 U.S. 658, 694 (U.S. 1978).

17 Beæuse plaintifs Complaint is fatally deficient, defendant contends it is entitled to judgment as a
18 matter of law pursuant to Federal Rules of Civil Proceure Rule 12(c).

19 4.

Motions
June 2, 2008,

20 Defendant JPB filed its Motion for Judgment on the Pleadings on

21 which is setfor hearing on July 11, 2008.

22 Defendant anticipates that this motion will dispose of plaintiffs claims against
23 JPB.

24 5.

Amendment of Pleadings

25 JPB does not anticipate any amendment to the pleadings. Leave to amend

26 pleadings should only be granted pursuant to Rule 15(a) of the Federal Rules of Civil
27 Procedure.

28
MMC

- 3DEFT'S CASE MANAGEMENT STATEMENT; CASE NO. CV-08-1241
1484165.1

Case 4:08-cv-01241-CW

Document 31

Filed 06/06/2008

Page 4 of 7

1 6.
2 3

Evidence Preservation
JPB is taking all appropriate steps to preserve any available evidence, including

electronically stored information. JPB has been advised of its duty in this regard and will
take all steps to ensure the preservation of evidence relevant to likely issues in the

4
5

action. JPB does not, however, believethere is any electronically stored information
relevant to the issues reasonably evident in this action.

6 7

7. Disclosures
8

9 The parties have agreed to exchange their initial disclosures on or before June
10 13, 2008. JPB wil make initial disclosures pursuant to Rule 26(a)(1) of the Federal
11 Rules of Civil Procedure.

12 8.

Discovery

13 At this time, defendant anticipates taking no discovery until the resolution of its
14 . motion for judgment on the pleadings. Should that motion not dispose of the action,

15 defendant intends to propound interrogatories, requests for admission, and requests for
16 production to plaintiff

and intends to take the depositions of plaintiff and any other

17 witnesses that may be identified in written discovery and plaintiff's deposition.

18 JPB proposes the following discovery plan:
19
Deadline to complete non-expert discovery:
Deadline to designate experts:

November 15, 2008

20
21

December 15,2008
January 15, 2009

Deadline to designate rebuttal experts:
Deadline to complete expert discovery:

22

February 15, 2009

23 JPB proposes that the limitations on discovery imposed by the Federal Rules of
24 Civil Procedure should apply to this case. JPB agrees to meet and confer if additional
25 changes to the limitations on discovery are needed as litigation progresses.

26 9.
28

Class Actions

27 This action is not a class action.
- 4DEFT'S CASE MANAGEMENT STATEMENT; CASE NO. CV-08-1241 . MMC
1484165.1

Case 4:08-cv-01241-CW

Document 31

Filed 06/06/2008

Page 5 of 7

1 1 O.Related Cases

2 JPB is unaware of any related cases or proceedings currently pending.
3 11. Relief
4
5
Plaintif seeks relief against defendants as follows:
. An order firing Schreader from his employment as a Caltrain agent "in memory of the,
March 11.2004, Madrid, Spain, Covert Terror

6
7 8
9

Victims."

· $1 millon in punitive damages
· $ 50,000 in damages

· $4200 from defendant Schreader individually
(Complaint, 5:25-6:10 (punctuation and emphasis in original).)

10
11

Defendant does not seek damages. Defendant denies that plaintiff is entitled to
any damages or to the other relief sought.

12

13 12. Settlement and ADR
14 JPB filed a Notice of Need for ADR Phone Conference on June 2,2008. The

15 ADR Phone Conference has not been scheduled. JPB proposes the parties participate
16 in Early Neutral Evaluation.

17 Plaintiff has informed counsel for JPB that plaintiff proposes that the parties
18 mediate. JPB would object to mediation on the grounds that mediation would be
19 premature if held prior to hearing on JPB's motion for judgment on the pleadings and

20 insofar as a mediation would not further resolution of this case.

21 JPB requests that any informal dispute resolution process be scheduled for after
22 the hearing on the motion for judgment on the pleadings set for July 11, 2008.
23 13. Consent to Maaistrate Judae for All Purposes

24 JPB does not consent to the use of a magistrate judge for all purposes.
25 14. Other References

26 JPB does not view this case as suitable for a special master, binding arbitration,
27 or under the Judicial Panel for Multidistrict Litigation.
28
MMC

- 5DEFT'S CASE MANAGEMENT STATEMENT; CASE NO. CV-08-1241
1484165.1

Case 4:08-cv-01241-CW

Document 31

Filed 06/06/2008

Page 6 of 7

1 15. Narrowina of issues
2 Defendant believes this case should be dismissed pursuant to its motion for
3 judgment on the pleadings.

4 16. Expedited Schedule

5 The parties do not believe that this case is amenable to handling on an expedited

6 basis.
7 17. Schedulina
8 Deadline to complete non-expert discovery: November 15, 2008

9 Deadline to designate experts: December 15, 2008

10 Deadline to designate rebuttal experts: January 15, 2009
11 Deadline to complete expert discovery: February 15, 2009
12 Final pre-trial conference: May 5, 2009

13 Trial date: May 19, 2009

14 18. Trial
15 The parties anticipate trial to last 1-2 days.
16 19. Disclosure Of Non-part Interested Entities or Persons

17 Pursuant to Local Rule 3-16(a), Defendant is not required to file a "Certification of
18 '1 nterested Entities or Persons" because it is a public entity.
19
20 DATED: June 6,2008
21

HANSON BRIDGElT LLP

22

BY:~ ~~
DENA M. DU OY
Attorneys for Defendant PENINSULA CORRIDOR JOINT POWERS BOARD

23 24
25 26 27 28
MMC

- 6DEFT'S CASE MANAGEMENT STATEMENT; CASE NO. CV-08-1241
1484165.1

Case 4:08-cv-01241-CW

Document 31

Filed 06/06/2008

Page 7 of 7

1 PROOF OF SERVICE
2 I, Lorraine V. Mole, declare that i am a resident of the State of California. I am

over the age of 18 years and not a party to the action entitled Jerome L. Grimes v. Robert 3 Schreader; Caltrain; Case No. CV 08-1241 WDB that my business address is 425 Market Street,

26th Floor, San Francisco, California 94105. On June 6, 2008, I served a true and accurate
4 copy of the document(s) entitled:

5 Defendant's Case Management Statement and Rule 26(f) Report
6 on the party(ies) in this action by placing said copy(ies) in a sealed envelope, each addressed

to the last address(es) given by the party(ies) as follows:
7

Jerome L. Grimes 8 263 Vernon Street

San Francisco, CA 94132
9

Plaintiff In Pro Per
10
11

D

12

13

(By First Class Mail pursuant to Code of Civil Procedure section 1013.) i am readily familiar with (firm name)'s practices for collecting and processing documents for mailing with United States Postal Service. Following these ordinary business practices, I placed the above referenced sealed envelope(s) for collection and mailing with the United States Postal Service on the date listed

herein at 425 Market Street, 26th Floor, San Francisco, California 94105. The
above referenced sealed envelope(s) wil be deposited with the United States Postal Service on the date listed herein in the ordinary course of business.

14
15 16
17

~
D

(By Express Mail pursuant to Code of Civil Procedure section 1013.) I deposited each sealed envelope, with the postage prepaid, to be delivered via UPS Next Day to the party(ies)so designated on the service list. (By Hand pursuant to Federal Rules of Civil Procedure 5(b).) I directed each sealed envelope to the party(ies) so designated on the service list to be delivered by courier, Specialized Legal, this date. A copy of the affidavit/declaration under penalty of perjury, signed by the courier, shall .be filed/lodged with the court under separate cover.
i declare that i am employed in the office of a member of the bar of this court at

18 19

20
21

22
23

whose direction the service was made.

24
25

\;; ( . ~~ l/)Îl~
Lorraine V. Mole

26
27

28
PROOF OF SERVICE
1485159.1