Arcure, et al. v. Meeker, et al.
Filing
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STIPULATION AND ORDER TO WITHDRAW MOTIONS AND VACATE SCHEDULING CONFERENCE; TO REQUEST AN EARLY SETTLEMENT CONFERENCE; AND TO SET STATUS CONFERENCE signed by District Judge Lawrence J. O'Neill on 8/8/2013. (Lundstrom, T)
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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: (559) 477-1680
Fax: (559) 445-5106
E-mail: Matthew.Besmer@doj.ca.gov
Attorneys for Defendant California Department of
Developmental Services
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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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YVONNE ARCURE, KEVIN COOK,
JOSEPH FESSENDEN, LISA HUFF &
KATHREN WOODSIDE,
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v.
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1:13-cv-00541-LJO-BAM
STIPULATION TO WITHDRAW
MOTIONS AND VACATE SCHEDULING
Plaintiffs, CONFERENCE; TO REQUEST AN
EARLY SETTLEMENT CONFERENCE;
AND TO SET STATUS CONFERENCE
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Date:
Time:
Courtroom:
Judge:
CALIFORNIA DEPARTMENT OF
DEVELOPMENTAL SERVICES,
DEBORAH MEEKER, JEFFREY
BRADLEY, SCOTT GARDNER,
DOUGLAS LOEHNER, DAVID CORRAL,
MICHAEL FLORES, and MARK
RODRIGUEZ,
October 2, 2013
9:00 a.m.
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The Honorable Lawrence J.
O'Neill
Defendants.
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Trial Date:
TBA
Action Filed: April 16, 2013
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WHEREAS, Plaintiffs filed their complaint on April 16, 2013;
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WHEREAS, Defendant Department of Developmental Services (“DDS”) responded to
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Plaintiffs’ complaint by filing motions to dismiss, strike, and for a more definite statement on
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June 6, 2013;
WHEREAS, Plaintiffs filed their first amended complaint on June 24, 2013;
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/ / /
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Stipulation to Withdraw Motions and Vacate Scheduling Conference; to Request an Early Settlement Conference;
and to Set Status Conference (1:13-cv-00541-LJO-BAM)
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WHEREAS, Plaintiffs and DDS filed a stipulation to continue the mandatory scheduling
conference on June 28, 2013;
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WHEREAS, this Court issued an order on July 3, 2013, continuing the mandatory
scheduling conference until October 2, 2013;
WHEREAS, DDS responded to Plaintiffs’ first amended complaint by filing motions to
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dismiss, strike, and sever on July 17, 2013;
WHEREAS, this Court issued a briefing schedule on DDS’ motions on July 18, 2013, and
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ordered oppositions to be filed by August 2, 2013;
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WHEREAS, Plaintiffs filed non-oppositions to certain motions on July 18, 2013, and
stated that the parties may be stipulating to allow Plaintiffs to file a second amended complaint;
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WHEREAS, this Court issued an order dismissing certain causes of action, striking certain
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prayers for relief, and confirming the briefing schedule on the motions to dismiss and sever on
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July 19, 2013, and ordered that any stipulation to amend be filed by August 2, 2013;
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WHEREAS, the parties continue to negotiate a resolution to the claims made by plaintiffs
Huff and Woodside and that the parties are optimistic about a resolution;
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WHEREAS, Huff, Woodside and DDS believe that their settlement efforts may be
furthered by submitting Huff’s and Woodside’s claims to an early settlement conference;
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WHEREAS, the parties believe that litigating the motions now on calendar may be
counterproductive to their settlement efforts;
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WHEREAS, the parties believe that they will be better positioned to enter into a
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stipulation, if any, regarding leave to amend the first amended complaint following Huff’s,
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Woodside’s, and DDS’ participation in an early settlement conference;
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WHEREAS, the structure of this action will change if Huff’s and Woodside’s claims are
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settled and that the uncertainty of how this action will proceed presents challenges to completing
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the joint scheduling conference requirements and entering into any stipulation to amend the first
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amended complaint;
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/ / /
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/ / /
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Stipulation to Withdraw Motions and Vacate Scheduling Conference; to Request an Early Settlement Conference;
and to Set Status Conference (1:13-cv-00541-LJO-BAM)
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WHEREAS, Plaintiffs and DDS believe that judicial economy is served by entering into
this stipulation,
NOW THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiffs’ and
DDS’ respective counsel, that:
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1. DDS’ motions to dismiss and sever be withdrawn without prejudice;
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2. The Mandatory Scheduling Conference scheduled for October 2, 2013, be vacated;
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3. Huff’s and Woodside’s claims shall be referred to a magistrate for an early settlement
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conference pursuant to Local Rule 270, which the parties will seek to schedule as early as
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September 10, 2013, or as soon thereafter pending the magistrate’s availability.
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4. This Court set a status conference for December 16, 2013, or as otherwise ordered. By
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December 2, 2013, or as otherwise ordered, the parties shall file a joint status report to inform the
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Court of progress on settlement, and the parties shall propose a schedule as to (a) when Plaintiffs
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will file either a motion for leave to amend their first amended complaint, or a stipulation to file a
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second amended complaint; (b) when DDS will file either its opposition to Plaintiffs’ motion for
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leave to amend, or response to Plaintiffs’ second amended complaint; and (c) the Mandatory
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Scheduling Conference date.
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SO STIPULATED
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Dated: August 2, 2013
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Respectfully Submitted,
KAMALA D. HARRIS
Attorney General of California
JUDITH A. RECCHIO
Supervising Deputy Attorney General
/s/ Matthew T. Besmer
MATTHEW T. BESMER
Deputy Attorney General
Attorneys for Defendant
Department of Developmental Services
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Stipulation to Withdraw Motions and Vacate Scheduling Conference; to Request an Early Settlement Conference;
and to Set Status Conference (1:13-cv-00541-LJO-BAM)
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Respectfully submitted,
Dated: August 2, 2013
LAW OFFICES OF LAWRENCE J. KING
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/s/ Lawrence J. King
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Lawrence J. King
Attorney for Plaintiff
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ORDER -- COURT LANGUAGE ADDED TO PROPOSED ORDER
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The Court having reviewed the foregoing Stipulation, and good cause appearing therefor:
IT IS HEREBY ORDERED that
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DDS’s motions to dismiss and sever are withdrawn without prejudice;
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The Mandatory Scheduling Conference scheduled for October 2, 2013, is vacated;
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3.
Huff’s and Woodside’s claims shall be referred to Magistrate Judge Barbara
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McAulifee for an early settlement conference pursuant to Local Rule 270, and the parties shall
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contact Judge McAuliffe's chambers to schedule the settlement conference;
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4.
Judge McAuliffe will set a status conference. No less than seven days prior to the
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status conference, the parties shall file a joint status report to inform the Court of progress on
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settlement, and the parties shall propose a schedule as to (a) when Plaintiffs will file either a
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motion for leave to amend their first amended complaint, or a stipulation to file a second amended
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complaint; (b) when DDS will file either its opposition to Plaintiffs’ motion for leave to amend,
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or response to Plaintiffs’ second amended complaint; and (c) the Mandatory Scheduling
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Conference date.
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IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill
August 8, 2013
UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:
66h44d
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Stipulation to Withdraw Motions and Vacate Scheduling Conference; to Request an Early Settlement Conference;
and to Set Status Conference (1:13-cv-00541-LJO-BAM)
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