Arcure, et al. v. Meeker, et al.

Filing 178

STIPULATION Concerning Joseph Fessenden's Absence from April 8, 2015 Settlement Conference; ORDER - Having reviewed the parties stipulation and based upon the representations in the stipulation that counsel has full settlement authority, and fin ding good cause therefor, the Court hereby grants the parties joint request that Plaintiff Joseph Fessenden be excused from attending the settlement conference scheduled for April 8, 2015 at 9:30 a.m. in courtroom 8. signed by Magistrate Judge Barbara A. McAuliffe on 4/1/2015. (Herman, H)

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LAWRENCE J. KING (BAR NO. 120805)
Law Offices of Lawrence J. King
11 Western Avenue
Petaluma, CA 94952
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiffs

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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YVONNE ARCURE, KEVIN COOK, &
JOSEPH FESSENDEN,
Plaintiffs,

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v.

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CALIFORNIA DEPARTMENT OF
DEVELOPMENTAL SERVICES,
DEBORAH MEEKER, JEFFREY BRADLEY,
DOUGLAS LOEHNER, DAVID CORRAL, &
MICHAEL FLORES,
Defendants.

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Case No. 1:13-cv-00541-LJO-BAM
STIPULATION CONCERNING
JOSEPH FESSENDEN’S ABSENCE
FROM THE APRIL 8, 2015
SETTLEMENT CONFERENCE
ORDER
Settlement Conf. Date: April 8, 2015
Settlement Conf. Time: 9:30 a.m.
Courtroom: 8
Judge: The Hon. Barbara McAuliffe
Case Filed: April 14, 2013
Trial Date: November 17, 2015

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NOW COME THE PARTIES WHO STIPULATE AS FOLLOWS:
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1.
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WHEREAS, Joseph Fessenden is unavailable to attend the settlement conference

due to his recent hire by the California Department of Corrections & Rehabilitation (“CDCR”)

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and the attendant requirement that he complete the CDCR Academy;
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2.
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WHEREAS, Counsel for Mr. Fesssenden has represented that Mr. Fessenden has

granted him full authority to settle Mr. Fessenden’s claims and that Mr. Fessenden’s absence

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will not impeded the effort to reach a mutually agreeable settlement;
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3.
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WHEREAS, counsel for the Department of Developmental Services (“DDS”) has

accepted Mr. Fessenden’s counsel’s representations;

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4.

WHEREAS, counsel for DDS and counsel for Mr. Fessenden have met and

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conferred concerning the potential settlement of Mr. Fessenden’s claims and each have a clear

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understanding of the respective position of the parties concerning a potential settlement of Mr.

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Fessenden’s claims;

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THEREFORE, the parties, through their respective counsel, hereby jointly request

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that Mr. Fessenden be excused from attending the settlement conference in this case scheduled

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for April 8, 2015 at 9:30 in Courtroom number 8.

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IT IS SO STIPULATED
Dated: April 1, 15

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KAMALA D. HARRIS
Attorney General of California
JUDITH A. RECCHIO
Supervising Deputy Attorney General
_/s/__________________________
MATTHEW T. BESMER
Deputy Attorney General
Attorneys for Defendants

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Dated: April 1, 15

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Law Offices Of Lawrence J. King
/s/___________________________
Lawrence J. King
Attorney for Plaintiffs

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ORDER

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Having reviewed the parties’ stipulation and based upon the representations in the

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stipulation that counsel has full settlement authority, and finding good cause therefor, the Court

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hereby grants the parties’ joint request that Plaintiff Joseph Fessenden be excused from attending

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the settlement conference scheduled for April 8, 2015 at 9:30 a.m. in courtroom 8.

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IT IS SO ORDERED.
Dated:

April 1, 2015

/s/ Barbara

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE