Walsh, individually and as Successor-in-Interest to S.W., Deceased v. Tehachapi Unified School District et al

Filing 72

ORDER GRANTING Stipulation 71 to Vacate the Settlement Conference in Light of the Parties' Agreement to Engage in Private Mediation, signed by Magistrate Judge Jennifer L. Thurston on 2/19/2014. (Hall, S)

Michael Kellar (SBN 80251)
1 ROBINSON & KELLAR
3434 Truxtun Avenue, Suite 150
2 Bakersfield, CA 93301
Tel. [phone] / Fax [phone]
3 Email: [e-mail]
4 Attorneys for Defendants Tehachapi Unified School District,
Dr. Richard Swanson, Susan Ortega, and Paul Kaminski
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Daniel P. Barer (SBN 150812)
6 POLLAK, VIDA & FISHER
11150 W. Olympic Boulevard, Suite 980
7 Los Angeles, CA 90064-1839
Tel. [phone] / Fax: [phone]
8 Email: [e-mail]

5895.047

9 Attorneys for Defendant Tehachapi Unified School District
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WENDY WALSH, individually and as
14 Successor-in-Interest to S.W., Deceased,

CASE NO. 1:11-CV-01489-LJO-JLT

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ORDER GRANTING STIPULATION TO
VACATE THE SETTLEMENT
CONFERENCE IN LIGHT OF THE
PARTIES’ AGREEMENT TO ENGAGE IN
PRIVATE MEDIATION

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Plaintiff,
v.

17 TEHACHAPI UNIFIED SCHOOL
DISTRICT; SUPERINTENDENT
18 SWANSON; SUSAN ORTEGA; MR.
KAMINSKY; MS. KIRBY; MS.
19 HAIGHT; MRS. KABONIC; MR.
FEEHAN; and DOES 1 through 100,
20 Inclusive,
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(Doc. 71)

Defendants.

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The parties to this action (plaintiff Wendy Walsh; defendants Tehachapi Unified School District;
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Susan Ortega; and Paul Kaminski), as well as prospective plaintiff Sh. W., (collectively, “the parties”),

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through their undersigned counsel, stipulate as follows:
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STIPULATION TO REQUEST SETTLEMENT CONFERENCE BE TAKEN OFF CALENDAR
AND REPLACED BY PRIVATE MEDIATION

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WHEREAS:

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1.

This matter is scheduled for a settlement conference before the Honorable

4 Jennifer L. Thurston on February 24, 2014 at 10:00 a.m. in Bakersfield, California.
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2.

The parties have agreed to hold a private mediation in this matter, with the

7 Honorable H. Lee Sarokin (ret.), formerly of the Third Circuit Court of Appeals, and presently with
8 ADR Services, Inc., serving as mediator.
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3.

The mediation before Judge Sarokin is scheduled for February 24, 2014 at 10:00

11 a.m. in San Diego, California.
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4.

The parties believe that a private mediation at this time is the most effective way

14 to attempt to resolve this matter.
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IT IS THEREFORE STIPULATED THAT:

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5.

The parties respectfully request the Court to take the Settlement Conference set

19 for February 24, 2014 off-calendar, so that they may proceed to private mediation on the date and time
20 set for the mediation.
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6.

Alternatively, if the Court does not wish to take the settlement conference off-

23 calendar permanently, the parties respectfully ask the Court to continue the settlement conference to a
24 date after February 24, 2014.
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STIPULATION TO REQUEST SETTLEMENT CONFERENCE BE TAKEN OFF CALENDAR
AND REPLACED BY PRIVATE MEDIATION

1 DATED: February 19, 2014

POLLAK, VIDA & FISHER

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By: __

/s/______________________
Daniel P. Barer
Attorneys for Defendant Tehachapi
Unified School District

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DATED: February 19, 2014

ROBINSON & KELLAR

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By:___/s/___(authorized on 2/19/14)
_______
Michael C. Kellar
Attorneys for Defendants Tehachapi
Unified School District, Dr. Richard Swanson,
Susan Ortega, and Paul Kaminski

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11 DATED: February 19, 2014

RODRIGUEZ & ASSOCIATES

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By:___/s/___(authorized on 2/19/14)
John A. Kawai
Attorneys for Plaintiff Wendy Walsh and
Prospective Plaintiff S.H. W.

_______

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STIPULATION TO REQUEST SETTLEMENT CONFERENCE BE TAKEN OFF CALENDAR
AND REPLACED BY PRIVATE MEDIATION

ORDER

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Based on the above stipulation, the Court ORDERS:
1.

The settlement conference, set on February 24, 2014, is VACATED;

2.

No later than noon on February 28, 2014¸Plaintiff SHALL file a status report detailing

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the results of the private mediation, to be held on February 24, 2014, so the Court will have sufficient

7 time to determine whether the pretrial conference, set on March 3, 2014, will go forward.
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IT IS SO ORDERED.

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Dated:

February 19, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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STIPULATION TO REQUEST SETTLEMENT CONFERENCE BE TAKEN OFF CALENDAR
AND REPLACED BY PRIVATE MEDIATION