Meyers v. City of Fresno et al.

Filing 56

STIPULATION For Additional Stay and ORDER, signed by Magistrate Judge Sheila K. Oberto on 1/2/2014. (IT IS HEREBY ORDERED that: 1. The stay on discovery and all class certification shall be extended through February 28, 2014; and 2. The parties shall submit a new proposed scheduling order regarding class certification and discovery on or before February 28, 2014.)(Gaumnitz, R)

4

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]

5

Attorneys for PLAINTIFFS SCOTT MEYERS and LILA MEYERS

1
2
3

6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11 SCOTT MEYERS and LILA MEYERS on their
own behalf and as INDIVIDUAL CLASS
12 REPRESENTATIVES on behalf of all others
similarly situated,
13
PLAINTIFFS,
14
vs.
15
CITY OF FRESNO, a Municipal Corporation;
16 Keith Bergthold, In His Official Capacity; Brian
Leong, In His Official Capacity; and DOES 117 200 inclusive,
18

CASE NO.: 1:10-CV-02359-LJO-SKO
STIPULATION FOR ADDITIONAL STAY
AND ORDER

DEFENDANTS.

19
20
21

WHEREAS, Plaintiffs and Defendants continue to work with Mediator Jube J. Najarian of

22 Jacobson, Hansen, Najarian and McQuillan, and remain actively involved in intensive settlement
23 negotiations;
24

WHEREAS, the parties recognize and acknowledge that the current relief sought in the Action

25 is equitable in nature (injunctions and declaratory relief) and should be efficiently and cost effectively
26 administered and addressed. However, with the equitable terms, it has been time consuming and
27 difficult to draft and negotiate prospective and prescriptive terms and covenants. In order to address
28 ____________________________________________________________________________________
1
STIPULATION FOR ADDITIONAL
STAY OF PROCEEDINGS; ORDER

1

these difficulties, counsel for the Defendants has worked to obtain preliminary approval from the City

2

of Fresno of certain procedural mechanisms that could be used to address Plaintiffs’ equitable claims;
WHEREAS, the City of Fresno has given its preliminary approval of these procedural

3
4

mechanisms;
WHEREAS, counsel for Defendants has provided a proposed Settlement and Release

5
6

Agreement to counsel for Plaintiffs,
WHEREAS, counsel for Plaintiffs has reviewed the proposed Settlement and Release

7
8

Agreement and is in the process of preparing a response;

9

WHEREAS, although the parties have made considerable progress in a global settlement of this

10 Action, there remain ancillary issues and disputes in two other state court proceedings that need to be
11 addressed and resolved as part of these settlement negotiations and have slowed the progress of
12 formalizing a settlement in this Action;
13

WHEREAS, counsel for Plaintiffs has recently been in communication with the Mediator, Mr.

14 Najarian, regarding these other state court proceedings;
15

WHEREAS, the parties remain optimistic that this Action can be informally resolved with

16 additional time;
17

WHEREAS, Plaintiffs and Defendants have further reached an agreement and desire to stay these

18 proceedings for an additional sixty (60) days to continue to engage in settlement discussions and to
19 continue their work on the proposed Settlement and Release Agreement with the assistance of Mediator
20 Jube Najarian:
21

It is stipulated by and between Plaintiffs and Defendants, by and through their respective counsel,

22 that:
23

1. Discovery and law and motion activities shall be stayed until February 28, 2014 to afford

24

additional time for the parties to work on finalizing the proposed Settlement and Release

25

Agreement;

26
27

2. If a settlement has not been reached by February 28, 2014, the parties will submit a new
proposed scheduling order to the Court;

28 ____________________________________________________________________________________
2
STIPULATION FOR ADDITIONAL
STAY OF PROCEEDINGS; ORDER

3. Settlement discussions are currently ongoing and can be terminated at any time upon written

1

notice by either party, in which case litigation activities will resume; and

2

4. The parties may stipulate to extend the stay upon the making of a motion or upon stipulation

3

of the parties and Court approval;

4

IT IS SO STIPULATED AND AGREED.

5
6
7

DATED: December 30, 2013

LAW OFFICES OF DANIL MONTELEONE

8
9
10
11

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

12
13 DATED: December 30, 2013
14

BETTS, RUBIN, & MCGUINNESS
A Professional Corporation

15
16
17
18
19

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

20
21 DATED: December 30, 2013

JACOBSON, HANSEN, NAJARIAN & MCQUILLAN

22
23
24

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

25
26 ///
27 ///
28 ____________________________________________________________________________________
3
STIPULATION FOR ADDITIONAL
STAY OF PROCEEDINGS; ORDER

1
2

ORDER
Pursuant to the parties above stipulation and for good cause appearing, IT IS HEREBY

3
ORDERED that:
4
5

1. The stay on discovery and all class certification shall be extended through February 28, 2014;
and

6
7

2. The parties shall submit a new proposed scheduling order regarding class certification and

8

discovery on or before February 28, 2014.

9
10

IT IS SO ORDERED.

11
12

Dated:

January 2, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 ____________________________________________________________________________________
4
STIPULATION FOR ADDITIONAL
STAY OF PROCEEDINGS; ORDER