Sanchez v. State of California et al

Filing 37

STIPULATION to Vacate and Reset Settlement Conference; ORDER, signed by Magistrate Judge Sheila K. Oberto on 5/8/2014. (Settlement Conference previously set for 5/15/2014, is VACATED and RESCHEDULED for 9/4/2014, at 10:00 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto.)(Gaumnitz, R)

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KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
SCOTT H. WYCKOFF, State Bar No. 191367
Supervising Deputy Attorney General
MATTHEW T. BESMER, State Bar No. 269138
Deputy Attorney General
2550 Mariposa Mall, Room 5090
Fresno, CA 93721
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants Department of Corrections
and Rehabilitation and Sydney Smyth

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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IRMA B. SANCHEZ,

1:12-cv-01835-AWI-SAB

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Plaintiff, STIPULATION TO VACATE AND RESET
SETTLEMENT CONFERENCE

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v.
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STATE OF CALIFORNIA, SYDNEY
SMYTH, and DOES 1 THROUGH 15, in
their individual capacities,

Date:
Time:
Courtroom:
Judge:

May 15, 2014
10:00 a.m.
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Honorable Sheila K. Oberto

Defendants.
Trial Date:
January 26, 2015
Action Filed: November 8, 2012

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STIPULATION
Plaintiff and Defendants have exchanged offers in preparation for the Settlement
Conference scheduled for May 15, 2014, at 10:00 a.m.;
They have discussed the settlement figures and believe that they are so far apart that a
settlement conference would be futile at this time;
The scheduling order issued by the Court (Doc. 22) directed that “[a]s far in advance of the

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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.”
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Stipulation to Vacate and Reset Settlement Conference (1:12-cv-01835-AWI-SAB)

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The parties agree that this case is not in a settlement posture and should be vacated and reset
to preserve judicial resources.

NOW THEREFORE, by and through their respective counsel, the parties agree as
follows:
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The Court may vacate the Settlement Conference scheduled for May 15, 2014, at

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10:00 a.m., and reschedule the settlement conference for September 4, 2014, at 10:00 a.m. in

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Courtroom 7.

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SO STIPULATED:

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Dated: May 7, 2014

Respectfully submitted,

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KAMALA D. HARRIS
Attorney General of California
SCOTT H. WYCKOFF
Supervising Deputy Attorney General

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/s/ Matthew T. Besmer

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MATTHEW T. BESMER
Deputy Attorney General
Attorneys for Defendants
Department of Corrections and
Rehabilitation and Sydney Smyth

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Dated: May 7, 2014

PRICE AND ASSOCIATES
A Professional Law Corporation

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/s/ Pamela Y. Price

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____________________________________
PAMELA Y. PRICE
Attorneys for Plaintiff

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Stipulation to Vacate and Reset Settlement Conference (1:12-cv-01835-AWI-SAB)

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ORDER

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The Court having reviewed the foregoing Stipulation, and good cause appearing therefore:

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IT IS HEREBY ORDERED that
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The Court vacates the Settlement Conference scheduled for May 15, 2014, at

10:00 a.m., and reschedules the conference for September 4, 2014, at 10:00 in Court Room 7.

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IT IS SO ORDERED.
Dated:

May 8, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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Stipulation to Vacate and Reset Settlement Conference (1:12-cv-01835-AWI-SAB)