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JOHNSON v. BAY AREA RAPID TRANSIT DISTRICT

No. C-09-0901 EMC, Consolidated Case No: C-09-4014 EMC (Grant), Nos. C-09-4835 EMC (Bryson, et al.), C-10-0005 EMC (Caldwell)

WANDA JOHNSON, et al., Plaintiffs, v. BAY AREA RAPID TRANSIT DISTRICT, et al., Defendants. AND RELATED ACTIONS.

United States District Court, N.D. California.

May 26, 2014.

Attorney(s) appearing for the Case

Wanda Johnson, individually and as personal representative of the Estate of Oscar J. Grant III, Plaintiff, represented by John L. Burris , Law Offices of John L. Burris, Adante Pointer , Law Offices of John L. Burris, Jeshawna Rochea Harrell & Pamela Yvette Price , Price And Associates.

Estate of Oscar J. Grant III, Plaintiff, represented by John L. Burris , Law Offices of John L. Burris, Adante Pointer , Law Offices of John L. Burris, Jeshawna Rochea Harrell & Pamela Yvette Price , Price And Associates.

Sophina Mesa, as Guardian ad Litem of minor, T.G., Plaintiff, represented by John L. Burris , Law Offices of John L. Burris, Adante Pointer , Law Offices of John L. Burris, Jeshawna Rochea Harrell & Pamela Yvette Price , Price And Associates.

Oscar Julius Grant, Jr, Plaintiff, represented by Waukeen Quandrico McCoy , Law Offices of Waukeen Q. McCoy, Jeshawna Rochea Harrell & Pamela Yvette Price , Price And Associates.

Jack Bryson, Jr., Plaintiff, represented by John L. Burris , Law Offices of John L. Burris, Adante Pointer , Law Offices of John L. Burris, Jeshawna Rochea Harrell & Pamela Yvette Price , Price And Associates.

Nigel Bryson, Plaintiff, represented by John L. Burris , Law Offices of John L. Burris, Adante Pointer , Law Offices of John L. Burris, Jeshawna Rochea Harrell & Pamela Yvette Price , Price And Associates.

Michael Greer, Plaintiff, represented by John L. Burris , Law Offices of John L. Burris, Adante Pointer , Law Offices of John L. Burris, Jeshawna Rochea Harrell & Pamela Yvette Price , Price And Associates.

Carlos Reyes, Plaintiff, represented by John L. Burris , Law Offices of John L. Burris, Adante Pointer , Law Offices of John L. Burris, Jeshawna Rochea Harrell & Pamela Yvette Price , Price And Associates.

Fernando Anicete, Jr., Plaintiff, represented by John L. Burris , Law Offices of John L. Burris, Adante Pointer , Law Offices of John L. Burris, Daniel Mark Siegel , Siegel & Yee, Jeshawna Rochea Harrell & Pamela Yvette Price , Price And Associates.

Zephoia Smith, Plaintiff, represented by Jeshawna Rochea Harrell , Jessica Robin Barsotti , Law Office of Jessica R. Barsotti, Pamela Yvette Price , Price And Associates & Shimea Coquise Anderson , Law Office of Shimea C. Anderson.

Bay Area Rapid Transit District, Defendant, represented by Dale L. Allen, Jr. , Allen Glaessner & Werth LLP, Dirk Donald Larsen , Low Ball & Lynch & Kevin Patrick Allen , Allen Glaessner & Werth LLP.

Gary Gee, in his official capacity as Chief of Police for Bay Area Rapid Transit District, Defendant, represented by Dale L. Allen, Jr. , Allen Glaessner & Werth LLP, Dirk Donald Larsen , Low Ball & Lynch & Kevin Patrick Allen , Allen Glaessner & Werth LLP.

Johannes Mehserle, individually and in his official capacity as a police officer for BART, Defendant, represented by Michael Logan Rains , Rains Lucia Stern, P.C., Ellen Paula Rosenbluth , Alborg Martin & Budde LLP & Lara Cullinane Smith , Law Offices of Lara C. Smith.

Anthony Pirone, individually and in his personal capacity as a police officer for BART, Defendant, represented by William R. Rapoport , Law Offices of William R. Rapoport & Alison Berry Wilkinson , Berry Wilkinson Law Group.

Marysol Domenici, individually and in her official capacity as a police officer for BART, Defendant, represented by Alison Berry Wilkinson , Berry Wilkinson Law Group.

Dorothy Dugger, , in her official capacity as GENERAL MANAGER for BART, Defendant, represented by Dale L. Allen, Jr. , Allen Glaessner & Werth LLP, Dirk Donald Larsen , Low Ball & Lynch & Kevin Patrick Allen , Allen Glaessner & Werth LLP.

Jon Woffinden, individually and in his official capacity as a police officer for BART, Defendant, represented by Dale L. Allen, Jr. , Allen Glaessner & Werth LLP, Dirk Donald Larsen , Low Ball & Lynch, Kevin Patrick Allen , Allen Glaessner & Werth LLP & Linda Santos Meyer , Low, Ball & Lynch.

Emery Knudtson, individually and in his official capacity as a police officer for BART, Defendant, represented by Dale L. Allen, Jr. , Allen Glaessner & Werth LLP, Dirk Donald Larsen , Low Ball & Lynch & Kevin Patrick Allen , Allen Glaessner & Werth LLP.

ORDER TO SHOW CAUSE REGARDING CALDWELL'S CLAIMS AGAINST DEFENDANT GEE AND PIRONE

EDWARD M. CHEN, District Judge.

The Court has reviewed the parties' pre-trial filings in this action. The parties have disputed whether Plaintiff Caldwell, through his personal representative Zeporia Smith, has a legally viable claim against Defendant Gary Gee — the former BART Chief of Police — and Defendant Anthony Pirone. Defendants Gee and Pirone have requested...

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