Stimmell, et al. v. Harris, et al.

Filing 23

STIPULATION and ORDER Setting Settlement Conference: SETTLEMENT CONFERENCE is set for August 8, 2013 at 10:30 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin. signed by Magistrate Judge Barbara A. McAuliffe on 7/18/2013. (Herman, H)

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Brian C. Leighton, CA BAR #090907
LAW OFFICES OF BRIAN C. LEIGHTON
701 Pollasky Avenue
Clovis, CA 93612
Office: [phone]
Facsimile: [phone]

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Attorney for Plaintiffs
Alan Stimmell and Pamela Stimmell

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALAN STIMMELL, an individual, PAMELA
STIMMELL, an individual

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Plaintiffs,
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v.
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KAMALA D. HARRIS, Attorney General, State of
California (in her official capacity as the Attorney
General of the State of California); JUAN
MORALES, a law enforcement Special Agent of
the California Department of Justice, Office of
Attorney General, but sued herein in his personal
capacity; FRANK NAVARRO, a law enforcement
Special Agent of the California Department of
Justice, Office of Attorney General, but sued herein
in his personal capacity; LUKE POWELL, a law
enforcement Special Agent of the California
Department of Justice, Office of Attorney General,
but sued herein in his personal capacity; and other
unknown state agents, sued in their personal
capacity as DOES 1through 25, inclusive,

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Defendants.
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CASE NO. 1:12-CV-00155-LJO-BAM

STIPULATION AND ORDER
SETTING SETTLEMENT
CONFERENCE

DATE:

August 8, 2013

TIME:

10:30 a.m.

CTRM:

Dept 10 (6th floor)
Gary S. Austin
U.S. Magistrate Judge

JURY TRIAL: August 27, 2013

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WHEREAS the parties wish to conduct a settlement conference in the above-entitled matter.

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THEREFORE IT IS HEREBY STIPULATED by the parties to the above-entitled matter, through

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their respective counsel of record herein, that a Settlement Conference be conducted on August 13, 2013,

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at the hour of 10:00 a.m., before the Honorable Magistrate Judge, Barbara A. McAuliffe, Courtroom

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Eight (8) of the above-entitled court.

STIPULATION AND ORDER SETTING SETTLEMENT CONFERENCE

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Respectfully submitted,
DATED: July 17, 2013
/S/ BRIAN C. LEIGHTON_____
BRIAN C. LEIGHTON, Attorney for
Plaintiffs

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DATED: July 17, 2013

/S/ ROHIT KODICAL_________
ROHIT KODICAL, Deputy
Attorney General
Attorney for Defendant

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ORDER

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A Settlement Conference will be held on August 8, 2013, at 10:30 AM, in Courtroom 10 before

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Magistrate Judge Gary S. Austin. Unless otherwise permitted in advance by the Court, the attorneys who

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will try the case shall appear at the settlement conference with the parties and the person or persons

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having full authority to negotiate and settle the case, on any terms, at the conference.

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No later than seven days prior to the settlement conference, each party shall submit directly to

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Judge Austin’s chambers at [e-mail], a confidential settlement conference

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statement. This statement should neither be filed with the clerk of the Court nor served on any other

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party. Each statement shall be clearly marked "CONFIDENTIAL" with the date and time of the

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mandatory settlement conference indicated prominently. Counsel are urged to request the return of their

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statements. If such request is not made, the Court will dispose of the statement.

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The confidential settlement conference statement shall include the following:

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A.

A brief statement of the facts of the case;

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B.

A brief statement of the claims and defenses (i.e., statutory or other grounds upon which

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the claims or defenses are based), a forthright evaluation of the parties' likelihood of prevailing on the

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claims and defenses, and a description of the major issues in dispute;

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C.

A summary of the proceedings to date;

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D.

An estimate of the cost and time to be expended for further pretrial and trial matters,

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including discovery;
E.

The relief sought; and

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STIPULATION AND ORDER SETTING SETTLEMENT CONFERENCE

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F.

The party's position on settlement, including the amount which the party will accept to

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settle, realistic settlement expectations, present demands and offers, and a history of past settlement

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discussions, offers, and demands.

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This Court will vacate the settlement conference if the Court finds the settlement conference will

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be neither productive nor meaningful to attempt to resolve all or part of this case. As far in advance of

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the settlement conference as possible, a party shall inform the Court and other parties that it believes the

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case is not in a settlement posture so the Court may vacate or reset the settlement conference. Otherwise

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the parties shall proceed with the settlement conference in good faith to attempt to resolve all or part of

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the case.

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IT IS SO ORDERED.
Dated:
10c20k

July 18, 2013

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND ORDER SETTING SETTLEMENT CONFERENCE

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