Stimmell, et al. v. Harris, et al.

Filing 23

STIPULATION and ORDER Setting Settlement Conference: SETTLEMENT CONFERENCE is set for August 8, 2013 at 10:30 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin. signed by Magistrate Judge Barbara A. McAuliffe on 7/18/2013. (Herman, H)

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1 2 3 Brian C. Leighton, CA BAR #090907 LAW OFFICES OF BRIAN C. LEIGHTON 701 Pollasky Avenue Clovis, CA 93612 Office: (559) 297-6190 Facsimile: (559) 297-6194 4 5 Attorney for Plaintiffs Alan Stimmell and Pamela Stimmell 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALAN STIMMELL, an individual, PAMELA STIMMELL, an individual 12 Plaintiffs, 13 v. 14 15 16 17 18 19 20 21 KAMALA D. HARRIS, Attorney General, State of California (in her official capacity as the Attorney General of the State of California); JUAN MORALES, a law enforcement Special Agent of the California Department of Justice, Office of Attorney General, but sued herein in his personal capacity; FRANK NAVARRO, a law enforcement Special Agent of the California Department of Justice, Office of Attorney General, but sued herein in his personal capacity; LUKE POWELL, a law enforcement Special Agent of the California Department of Justice, Office of Attorney General, but sued herein in his personal capacity; and other unknown state agents, sued in their personal capacity as DOES 1through 25, inclusive, 22 23 Defendants. _________________________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 1:12-CV-00155-LJO-BAM STIPULATION AND ORDER SETTING SETTLEMENT CONFERENCE DATE: August 8, 2013 TIME: 10:30 a.m. CTRM: Dept 10 (6th floor) Gary S. Austin U.S. Magistrate Judge JURY TRIAL: August 27, 2013 24 WHEREAS the parties wish to conduct a settlement conference in the above-entitled matter. 25 THEREFORE IT IS HEREBY STIPULATED by the parties to the above-entitled matter, through 26 their respective counsel of record herein, that a Settlement Conference be conducted on August 13, 2013, 27 at the hour of 10:00 a.m., before the Honorable Magistrate Judge, Barbara A. McAuliffe, Courtroom 28 Eight (8) of the above-entitled court. STIPULATION AND ORDER SETTING SETTLEMENT CONFERENCE 1 2 Respectfully submitted, DATED: July 17, 2013 /S/ BRIAN C. LEIGHTON_____ BRIAN C. LEIGHTON, Attorney for Plaintiffs 3 4 5 DATED: July 17, 2013 /S/ ROHIT KODICAL_________ ROHIT KODICAL, Deputy Attorney General Attorney for Defendant 6 7 8 ORDER 9 A Settlement Conference will be held on August 8, 2013, at 10:30 AM, in Courtroom 10 before 10 Magistrate Judge Gary S. Austin. Unless otherwise permitted in advance by the Court, the attorneys who 11 will try the case shall appear at the settlement conference with the parties and the person or persons 12 having full authority to negotiate and settle the case, on any terms, at the conference. 13 No later than seven days prior to the settlement conference, each party shall submit directly to 14 Judge Austin’s chambers at gsaorders@caed.uscourts.gov, a confidential settlement conference 15 statement. This statement should neither be filed with the clerk of the Court nor served on any other 16 party. Each statement shall be clearly marked "CONFIDENTIAL" with the date and time of the 17 mandatory settlement conference indicated prominently. Counsel are urged to request the return of their 18 statements. If such request is not made, the Court will dispose of the statement. 19 The confidential settlement conference statement shall include the following: 20 A. A brief statement of the facts of the case; 21 B. A brief statement of the claims and defenses (i.e., statutory or other grounds upon which 22 the claims or defenses are based), a forthright evaluation of the parties' likelihood of prevailing on the 23 claims and defenses, and a description of the major issues in dispute; 24 C. A summary of the proceedings to date; 25 D. An estimate of the cost and time to be expended for further pretrial and trial matters, 26 27 including discovery; E. The relief sought; and 28 STIPULATION AND ORDER SETTING SETTLEMENT CONFERENCE 2 1 F. The party's position on settlement, including the amount which the party will accept to 2 settle, realistic settlement expectations, present demands and offers, and a history of past settlement 3 discussions, offers, and demands. 4 This Court will vacate the settlement conference if the Court finds the settlement conference will 5 be neither productive nor meaningful to attempt to resolve all or part of this case. As far in advance of 6 the settlement conference as possible, a party shall inform the Court and other parties that it believes the 7 case is not in a settlement posture so the Court may vacate or reset the settlement conference. Otherwise 8 the parties shall proceed with the settlement conference in good faith to attempt to resolve all or part of 9 the case. 10 11 IT IS SO ORDERED. Dated: 10c20k July 18, 2013 /s/ Barbara A. McAuliffe UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND ORDER SETTING SETTLEMENT CONFERENCE 3