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Plaintiffs,
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JOINT CASE MANAGEMENT CONFERENCE STATEMENT
Miles, et al. v City of Oakland, et al. Case No.: 4:15-CV-01799-MMC
This is a civil rights case, under 42 U.S.C. 1983 et seq., charging Fourth Amendment violations
against plaintiff Monique Miles and members of her family, including four minor children, by members
of the San Leandro and Oakland Police Departments, who they allege rousted them from their home and
held them on a nearby street corner for more than two hours, during which officers ransacked and trashed
their apartment, all without legal grounds or justification of any kind. Defendants deny that any civil
rights violations occurred. The Court has jurisdiction under 28 U.S.C. 1331 and 1343, and, as to
Oakland, the rule of Monell v. Dept. of Social Services. Plaintiffs have settled with the San Leandro
Defendants.
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2. Facts.
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Plaintiffs Version:
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Plaintiff Monique Miles, her mother, Pamela Miles, her grown daughter, Chelsea Miles (who was
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pregnant), and her cousin, Erin Miles, and Moniques four younger children, Romelle Brown, aged 15,
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Ajani Brown, 10, Jordan Brown, 5, and Jayden Brown, 4, were at home at 1485 East 22nd Street,
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Apartment 19, in Oakland, on the evening of April 24, 2013, when San Leandro police officers on mutual
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aid with the Oakland P.D. came to their building to arrest a supposed wanted man who stayed in
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Apartment 18, downstairs. Despite the fact that the wanted man, alerted by the officers shouting out his
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name as they approached, came outside and surrendered before they even reached the building, the San
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Leandro officers first pointed long guns at Pamela Miles, as she sat outside the upstairs apartment with a
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neighbor, and told her to go inside, then came to the door and demanded that everyone come outside,
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immediately. There was no time to put clothes on the little kids, no time for anything; the officers simply
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Plaintiffs were escorted down the street and held on the corner for the next two or three hours;
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when they were allowed back in their home they found it had been ransacked and trashed by the police.
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Plaintiffs are informed and believe that this was done by San Leandro officers at the direction and
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JOINT CASE MANAGEMENT CONFERENCE STATEMENT
Miles, et al. v City of Oakland, et al. Case No.: 4:15-CV-01799-MMC
San Leandro (SLPD) police officers responded to a request from the Oakland Police Department
(OPD) to provide security while OPD served arrest and search warrants for an individual who was
considered armed and dangerous. This was part of an effort by a joint task force to recover evidence and
After taking the suspect into custody, SLPD officers went to secure the residence for a search by
OPD officers. The residence was a two-unit structure. Plaintiffs occupied the upper unit; the suspect
occupied the lower unit. SLPD officers contacted Plaintiffs, requested that they clear the upper unit, and
obtained consent to a do a safety check of the upper unit. Neither the SLPD nor the OPD trashed the
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upper unit.
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3. Legal Issues.
Plaintiffs contend that the defendants violated their Fourth Amendment rights. The City denies
that the OPD violated Plaintiffs rights.
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4. Motions.
There are no pending motions. The City may file a summary judgment motion.
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5. Amendment of Pleadings.
Plaintiffs, depending on the way matters develop, may have to amend again when the remaining
individual defendants identities become known.
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6. Evidence Preservation.
The presentation of evidence appears to be assured through the regular course of police business.
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7. Disclosures.
The parties served their initial Rule 26 disclosures.
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JOINT CASE MANAGEMENT CONFERENCE STATEMENT
Miles, et al. v City of Oakland, et al. Case No.: 4:15-CV-01799-MMC
8. Discovery.
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The parties are cooperating in discovery. The parties anticipate that they will need to conduct
further written discovery and depositions of Plaintiffs and of the officers who were on scene.
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9. Class Action.
Not applicable.
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None known.
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11. Relief.
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Plaintiffs seek money damages, for themselves and on behalf of the children.
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An ENE hearing was scheduled for January 6, 2016. On January 4, 2016, however, Plaintiffs
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filed a Notice of Settlement with the San Leandro Defendants. Dkt. No. 52 (Jan. 4, 2016). Also,
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Plaintiffs and the City of Oakland are engaging in good-faith settlement discussions and exchanging
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documents to help facilitate those discussions. The parties discussed the proposed continuance with the
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ENE Evaluator. In addition, the parties are having regular status calls with the Evaluator. Given these
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developments, the parties request that the ENE hearing be continued to March 9, 2016, and have filed a
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13.
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14.
Other References.
This case is not suitable for reference to binding arbitration, a special master, or the Judicial Panel
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on Multidistrict Litigation.
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Narrowing of Issues.
The parties will continue to meet and confer throughout the case to determine if they can narrow
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17. Scheduling.
The City of Oakland believes that the parties can complete fact discovery by July 2016. The City
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would like to schedule the summary judgment hearing for September 2016, with expert discovery to
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close within forty-five days after the hearing. The City respectfully requests that trial be set no sooner
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18. Trial.
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Plaintiffs have demanded Trial by Jury. We expect the Evidence would take no more than three
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19. Non-parties.
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To plaintiffs knowledge there are no outside interested entities or persons connected to this case.
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20.
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The attorneys of record for the parties have reviewed the Guidelines for Professional
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Professional Conduct
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JOINT CASE MANAGEMENT CONFERENCE STATEMENT
Miles, et al. v City of Oakland, et al. Case No.: 4:15-CV-01799-MMC
None.
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By: /s/
Dennis Cunningham
Ben Rosenfeld
Attorneys for Plaintiffs
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By: /s/
David A. Pereda
Attorneys for Defendant
City of Oakland
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I, David Pereda, am the ECF user whose identification and password are being used to file the
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foregoing documents. Pursuant to Civil Local Rule 5.1(i), I hereby attest that concurrence in the filing of
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JOINT CASE MANAGEMENT CONFERENCE STATEMENT
Miles, et al. v City of Oakland, et al. Case No.: 4:15-CV-01799-MMC