Meyers v. City of Fresno et al.

Filing 51

STIPULATION to Stay Proceedings and ORDER THEREON, signed by Magistrate Judge Sheila K. Oberto on 6/25/2013. (IT IS HEREBY ORDERED that: 1. Discovery and all class certification deadlines are hereby STAYED; 2. The 8/21/2013, hearing on Plaintif fs' motion for class certification is VACATED; 3. The parties shall file status reports regarding their settlement discussion progress on 8/30/2013; and 4. The parties shall submit a new proposed scheduling order regarding class certification and discovery on or before 10/29/2013.) (Gaumnitz, R)

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LAW OFFICES OF DANIL MONTELEONE
DANIL MONTELEONE (S.B.N. 140604)
JEFFREY T. BELTON (S.B.N. 239443)
8132 Tunney Ave.
Reseda Ranch, CA 91335
Telephone: [phone]
Facsimile: [phone]

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Attorneys for PLAINTIFFS SCOTT MEYERS and LILA MEYERS

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SCOTT MEYERS and LILA MEYERS on
their own behalf and as INDIVIDUAL
CLASS REPRESENTATIVES on behalf of
all others similarly situated,

) CASE NO. 1:10-CV-02359-LJO-SKO
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)
) STIPULATION TO STAY PROCEEDINGS
) AND ORDER THEREON
PLAINTIFFS,
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vs.
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CITY OF FRESNO, a Municipal
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Corporation; Keith Bergthold, In His Official )
Capacity; Brian Leong, In His Official
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Capacity; and DOES 1-200 inclusive,
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DEFENDANTS.
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__________________________________ )

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WHEREAS, Plaintiffs and Defendants have sought the assistance of Mediator
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Jube J. Najarian of Jacobson, Hansen, Najarian and McQuillan, and are engaged in
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active and intensive settlement negotiations in an effort to informally resolve the entire
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Action;
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WHEREAS, the Parties and Mediator agree that the settlement negotiations
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have been, and remain, productive and helpful in assisting the parties in identifying,
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addressing and resolving complex issues;
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WHEREAS, the parties recognize and acknowledge that the current relief sought
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in the Action is equitable in nature (injunctions and declaratory relief) and are seeking to
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STIPULATION TO STAY PROCEEDINGS AND ORDER

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efficiently and cost effectively administer these claims along with claims pending in a

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separate state proceeding;

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WHEREAS, Plaintiffs and Defendants are in the process of negotiating the

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status of the class claims and considering class certification alternatives and limitations;

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WHEREAS, Plaintiffs and Defendants have further reached an agreement and

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desire to stay these proceedings to continue to engage in settlement discussions with

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Mediator Jube Najarian:
It is stipulated by and between Plaintiffs and Defendants, by and through their

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respective counsel, that:
1.

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during the parties' settlement discussions;
2.

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Discovery and law and motion activities shall be stayed for 120 days

The currently scheduled dates shall be vacated and rescheduled to a later

date, following the 120 day stay:
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July 5, 2013 deadline to file and serve opposition papers on class
certification;

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•

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July 19, 2013 deadline to file and serve reply papers on class
certification; and

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•

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3.

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August 23, 2013 hearing on class certification.

Settlement discussions are currently ongoing and can be terminated at

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any time upon written notice by either party, in which case litigation activities will

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resume;

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4.

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The parties may stipulate to extend the stay upon the making of a motion

or upon stipulation of the parties and Court approval;
5.

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The parties shall submit joint declarations of progress to the court prior to

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the expiration of the stay;

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STIPULATION TO STAY PROCEEDINGS AND ORDER

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IT IS SO STIPULATED AND AGREED.

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Dated: June 25, 2013

LAW OFFICES OF DANIL MONTELEONE

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/s/ Jeffrey T. Belton
Danil Monteleone
Jeffrey T. Belton
Kylie P. Toro
Attorneys for PLAINTIFFS
SCOTT MEYERS and LILA MEYERS, et al.

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Dated: June 25, 2013

BETTS, RUBIN & McGUINNESS

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/s/ Brady K. McGuinness
James B. Betts
Joseph D. Rubin
Brady K. McGuinness
Attorneys for DEFENDANTS
CITY OF FRESNO, KEITH BERGTHOLD, and
BRIAN LEONG

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Dated: June 25, 2013

JACOBSON, HANSEN, NAJARIAN & MCQUILLAN

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/s/ Jube J. Najarian
Jube J. Najarian
MEDIATOR

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STIPULATION TO STAY PROCEEDINGS AND ORDER

ORDER

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IT IS HEREBY ORDERED that:
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1.

Discovery and all class certification deadlines are hereby STAYED;

2.

The August 21, 2013, hearing on Plaintiffs' motion for class certification is

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VACATED;
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3.

The parties shall file status reports regarding their settlement discussion

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progress on August 30, 2013; and
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4.

The parties shall submit a new proposed scheduling order regarding class

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certification and discovery on or before October 29, 2013.
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IT IS SO ORDERED.
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Dated:
ie14hj

June 25, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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STIPULATION TO STAY PROCEEDINGS AND ORDER