Meyers v. City of Fresno et al.

Filing 58

STIPULATION and ORDER for Additional Stay to Allow Time for Approval of Settlement Agreement. The stay on discovery and all class certification shall remain in place; and the parties shall submit a new proposed scheduling order regarding class certification and discovery on or before June 30, 2014. Order signed by Magistrate Judge Sheila K. Oberto on 3/4/2014. (Timken, A)

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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
10 REPRESENTATIVES on behalf of all others
similarly situated,
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PLAINTIFFS,
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vs.
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CITY OF FRESNO, a Municipal Corporation;
14 Keith Bergthold, In His Official Capacity; Brian
Leong, In His Official Capacity; and DOES 115 200 inclusive,
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CASE NO.: 1:10-CV-02359-LJO-SKO
STIPULATION FOR ADDITIONAL STAY
TO ALLOW TIME FOR APPROVAL OF
SETTLEMENT AGREEMENT AND ORDER
THEREON

DEFENDANTS.

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WHEREAS, counsel for Plaintiffs and counsel for Defendants have recently completed negotiating

19 all the non-monetary and procedural terms of a proposed settlement and release agreement which would
20 dispose of all the claims in this action;
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WHEREAS, counsel for Plaintiffs and counsel for Defendants have also recently completed

22 negotiating the terms of a settlement agreement involving similar issues in a pending state court
23 proceeding;
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WHEREAS, the terms of the settlement and release agreement will require Fresno City Council

25 approval;
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WHEREAS, the only item that is still being negotiated is the amount of monetary payment;

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STIPULATION AND ORDER THEREON FOR ADDITIONAL STAY TO ALLOW TIME FOR APPROVAL OF
SETTLEMENT AGREEMENT

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

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Jacobson, Hansen, Najarian and McQuillan, to finalize agreement on this last remaining term;
WHEREAS, it will take additional time for the City of Fresno to formally approve the terms of the

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settlement and release agreement as it will need to be approved by the Fresno City Attorney and the

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Fresno City Council;
WHEREAS, the parties are optimistic that this Action can be informally resolved with

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additional time;

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

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proceedings for an additional 120 days to continue to finalize the settlement agreement and to allow the

10 City of Fresno time to formally approve the settlement.
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It is stipulated by and between Plaintiffs and Defendants, by and through their respective counsel,

12 that:
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1. Discovery and law and motion activities shall be stayed until June 30, 2014 to afford
additional time for the City of Fresno to formally approve the settlement agreement;
2. If the settlement has not been approved by June 30, 2014, the parties will submit a new
proposed scheduling order to the Court; and
3. The parties may stipulate to extend the stay upon the making of a motion or upon stipulation
of the parties and Court approval;
IT IS SO STIPULATED AND AGREED.

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21 DATED: February 27, 2014

LAW OFFICES OF DANIL MONTELEONE

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

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____________________________________________________________________________________
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STIPULATION AND ORDER THEREON FOR ADDITIONAL STAY TO ALLOW TIME FOR APPROVAL OF
SETTLEMENT AGREEMENT

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DATED: February 27, 2014

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BETTS, RUBIN, & MCGUINNESS
A Professional Corporation
/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: February 27, 2014

JACOBSON, HANSEN, NAJARIAN & MCQUILLAN

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

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IT IS HEREBY ORDERED AS FOLLOWS:
1. The stay on discovery and all class certification shall remain in place; and
2. The parties shall submit a new proposed scheduling order regarding class certification and

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discovery on or before June 30, 2014.

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Dated:

March 4, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND ORDER THEREON FOR ADDITIONAL STAY TO ALLOW TIME FOR APPROVAL OF
SETTLEMENT AGREEMENT