Allen v. Meyer et al

Filing 88

STIPULATION and ORDER REFERRING Matter to a Settlement Conference and VACATING Discovery and Dispositive Motion Deadlines. This case is referred to Magistrate Judge Nandor J. Vadas for a Settlement Conference to take place in San Fr ancisco, California, on or before October 30, 2015. A representative with full and unlimited authority to negotiate and enter into a binding settlement on the defendants behalf shall attend in person. Those in attendance must be prepared to discus s the claims, defenses and damages. The failure of any counsel, party or authorized person subject to this order to appear in person may result in the imposition of sanctions. The parties are ordered to contact the chambers of Magistrate Judge Nandor J. Vadas to confirm whether Plaintiffs appearance in person is required or appearance by telephone will be permitted. The parties are directed to provide confidential settlement conference statements to the Honorable Nandor J. Vadas, U.S. District Court-Northern District of California, 3140 Boeing Avenue, McKinleyville, CA 95519 or via email at [e-mail], so that they arrive no later than ten calendar days prior to the settlement conference. The current case deadlines set forth in the Amended Discovery and Scheduling Order are vacated; and within ten days of the settlement conference, if the case does not settle, the parties shall file a joint proposal to reset the remainder of the case deadlines. Order signed by Magistrate Judge Sheila K. Oberto on 7/30/2015. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KELVIN ALLEN,

Case No. 1:09-cv-00729-LJO-SKO

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Plaintiff,
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v.
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MEYER, et al.;
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Defendants.
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STIPULATION AND ORDER
Case No. 1:09-cv-00729-LJO-SKO

STIPULATION AND ORDER
REFERRING MATTER TO A
SETTLEMENT CONFERENCE AND
VACATING DISCOVERY AND
DISPOSITIVE MOTION DEADLINES

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INTRODUCTION
Plaintiff Kelvin Allen (“Plaintiff”) and defendants Meyer-Zlokovich, Botello, Zamora,

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and Zuniga (“Defendants”), by and through their undersigned counsel, request that the Court refer

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this matter to a settlement conference before United States Magistrate Judge Nandor J. Vadas in

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San Francisco, California, and vacate the current discovery and dispositive motion deadlines

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while the parties pursue settlement discussions. Pursuant to Civil Local Rule 143, a stipulation

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and proposed order reflecting these requests is included below.

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RELEVANT BACKGROUND INFORMATION
This Court’s June 1, 2015 Amended Discovery and Scheduling Order set a discovery

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schedule closing on September 1, 2015, and a dispositive motion deadline on November 2, 2015.

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(Dkt. 83.) That Order also sought clarification from counsel for Mr. Allen as to whether their

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(pro bono) representation would continue beyond the limited issue of exhaustion of

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administrative remedies. (Id.)

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On July 1, 2015, counsel for Mr. Allen clarified that their representation of Mr. Allen will

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continue through trial. (Dkt. 85.) Counsel also alerted the Court that they would request an

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extension of the current discovery and dispositive motion deadlines, due to competing obligations

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and a demanding case schedule through September 1, 2015, and would work with Defendants’

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counsel to stipulate to a revised schedule agreeable to all parties.

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In the course of discussing the extension, the parties have agreed to discuss the possibility

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of settlement. To assist the parties with these discussions, the parties respectfully request,

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pursuant to Civil Local Rule 270, that the Court refer the case for a settlement conference before

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Magistrate Judge Vadas, to take place in the United States District Court for the Northern District

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of California in San Francisco, California. The parties have been informed that Magistrate Judge

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Vadas may be available to hold a settlement conference on either October 29, 2015 or October

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30, 2015 in San Francisco. The parties respectfully request a referral to Magistrate Judge Vadas

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for a settlement conference on either date, or such other date that is convenient for Magistrate

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Judge Vadas and his staff. Mr. Allen may also request to be permitted to appear by telephone

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STIPULATION AND ORDER
Case No. 1:09-cv-00729-LJO-SKO

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from his institution at the settlement conference, rather than in person, if Magistrate Judge Vadas

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is amenable to such an appearance.

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In the event the October 2015 dates are unavailable, Mr. Allen respectfully requests that

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the settlement conference take place no earlier than September 1, 2015 and Defendants’ counsel

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does not oppose this request.1 In addition to scheduling conflicts in July and August, counsel for

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Mr. Allen will need time to meet with Mr. Allen in person to discuss settlement, a process that

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requires advance notice and approval from Mr. Allen’s institution for each visit. Scheduling the

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settlement conference after September 1, 2015 will ensure adequate time to prepare.

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In addition, to permit the parties adequate time to focus on settlement, the parties also

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request that the Court vacate the current discovery and dispositive motion deadlines set forth in

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the Amended Scheduling Order and reset them, if necessary, after mediation. The parties will

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promptly alert the Court if the case does not settle and, at that time, will propose new discovery

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and dispositive motion deadlines for the Court’s consideration.

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Defendants’ counsel is unavailable on December 8, and is in trial and unavailable during
the week of December 14, 2015.

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STIPULATION AND ORDER
Case No. 1:09-cv-00729-LJO-SKO

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STIPULATION

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THEREFORE, the Parties STIPULATE and AGREE TO the following:

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a) This case will be referred to Magistrate Judge Nandor J. Vadas for a Settlement

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Conference to take place in San Francisco, California after September 1, 2015; and

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b) The current case deadlines set forth in the Amended Discovery and Scheduling Order

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are vacated.

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Dated: July 24, 2015

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KELVIN ALLEN,
By: /s/ Caitlin Sinclaire Blythe
CAITLIN SINCLAIRE BLYTHE

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GEORGE C. HARRIS
CAITLIN SINCLAIRE BLYTHE
JULIE A. NICHOLSON
MORRISON & FOERSTER LLP

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Attorneys for Plaintiff
KELVIN ALLEN

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Dated: July 24, 2015

MEYER-ZLOKOVICH, BOTELLO, ZAMORA, &
ZUNIGA,

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By: /s/ Jaime M. Ganson (as authorized on 7/24/2015)
JAIME M. GANSON

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KAMALA D. HARRIS
Attorney General of California
THOMAS S. PATTERSON
Supervising Deputy Attorney General
JAIME M. GANSON
Deputy Attorney General

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Attorneys for Defendants
MEYER-ZLOKOVICH, BOTELLO, ZAMORA, &
ZUNIGA

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STIPULATION AND ORDER
Case No. 1:09-cv-00729-LJO-SKO

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ORDER

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Pursuant to the parties' stipulation, IT IS HEREBY ORDERED that:
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take place in San Francisco, California, on or before October 30, 2015;
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A representative with full and unlimited authority to negotiate and enter into a binding
settlement on the defendants’ behalf shall attend in person;

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This case is referred to Magistrate Judge Nandor J. Vadas for a Settlement Conference to

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Those in attendance must be prepared to discuss the claims, defenses and damages. The

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failure of any counsel, party or authorized person subject to this order to appear in person

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may result in the imposition of sanctions. The parties are ordered to contact the chambers

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of Magistrate Judge Nandor J. Vadas to confirm whether Plaintiff’s appearance in person

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is required or appearance by telephone will be permitted;

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The parties are directed to provide confidential settlement conference statements to the

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Honorable Nandor J. Vadas, U.S. District Court-Northern District of California, 3140

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Boeing Avenue, McKinleyville, CA 95519 or via email at [e-mail], so

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that they arrive no later than ten calendar days prior to the settlement conference;

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5.

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The current case deadlines set forth in the Amended Discovery and Scheduling Order are
vacated; and

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Within ten days of the settlement conference, if the case does not settle, the parties shall
file a joint proposal to reset the remainder of the case deadlines.

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IT IS SO ORDERED.
Dated:

July 30, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND ORDER
Case No. 1:09-cv-00729-LJO-SKO

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