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

Filing 39

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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1 2 3 4 5 6 7 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 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 FRESNO DIVISION 12 13 14 YVONNE ARCURE, KEVIN COOK, JOSEPH FESSENDEN, LISA HUFF & KATHREN WOODSIDE, 15 v. 16 17 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 20 21 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. 8 The Honorable Lawrence J. O'Neill Defendants. 18 19 Trial Date: TBA Action Filed: April 16, 2013 22 23 WHEREAS, Plaintiffs filed their complaint on April 16, 2013; 24 WHEREAS, Defendant Department of Developmental Services (“DDS”) responded to 25 Plaintiffs’ complaint by filing motions to dismiss, strike, and for a more definite statement on 26 June 6, 2013; WHEREAS, Plaintiffs filed their first amended complaint on June 24, 2013; 27 28 / / / 1 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) 1 2 WHEREAS, Plaintiffs and DDS filed a stipulation to continue the mandatory scheduling conference on June 28, 2013; 3 4 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 5 6 dismiss, strike, and sever on July 17, 2013; WHEREAS, this Court issued a briefing schedule on DDS’ motions on July 18, 2013, and 7 8 ordered oppositions to be filed by August 2, 2013; 9 10 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; 11 WHEREAS, this Court issued an order dismissing certain causes of action, striking certain 12 prayers for relief, and confirming the briefing schedule on the motions to dismiss and sever on 13 July 19, 2013, and ordered that any stipulation to amend be filed by August 2, 2013; 14 15 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; 16 17 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; 18 19 WHEREAS, the parties believe that litigating the motions now on calendar may be counterproductive to their settlement efforts; 20 WHEREAS, the parties believe that they will be better positioned to enter into a 21 stipulation, if any, regarding leave to amend the first amended complaint following Huff’s, 22 Woodside’s, and DDS’ participation in an early settlement conference; 23 WHEREAS, the structure of this action will change if Huff’s and Woodside’s claims are 24 settled and that the uncertainty of how this action will proceed presents challenges to completing 25 the joint scheduling conference requirements and entering into any stipulation to amend the first 26 amended complaint; 27 / / / 28 / / / 2 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) 1 2 3 4 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: 5 1. DDS’ motions to dismiss and sever be withdrawn without prejudice; 6 2. The Mandatory Scheduling Conference scheduled for October 2, 2013, be vacated; 7 3. Huff’s and Woodside’s claims shall be referred to a magistrate for an early settlement 8 conference pursuant to Local Rule 270, which the parties will seek to schedule as early as 9 September 10, 2013, or as soon thereafter pending the magistrate’s availability. 10 4. This Court set a status conference for December 16, 2013, or as otherwise ordered. By 11 December 2, 2013, or as otherwise ordered, the parties shall file a joint status report to inform the 12 Court of progress on settlement, and the parties shall propose a schedule as to (a) when Plaintiffs 13 will file either a motion for leave to amend their first amended complaint, or a stipulation to file a 14 second amended complaint; (b) when DDS will file either its opposition to Plaintiffs’ motion for 15 leave to amend, or response to Plaintiffs’ second amended complaint; and (c) the Mandatory 16 Scheduling Conference date. 17 SO STIPULATED 18 Dated: August 2, 2013 19 20 21 22 23 24 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 25 26 27 28 3 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) 1 Respectfully submitted, Dated: August 2, 2013 LAW OFFICES OF LAWRENCE J. KING 2 3 4 /s/ Lawrence J. King 5 Lawrence J. King Attorney for Plaintiff 6 7 ORDER -- COURT LANGUAGE ADDED TO PROPOSED ORDER 8 9 10 The Court having reviewed the foregoing Stipulation, and good cause appearing therefor: IT IS HEREBY ORDERED that 11 1. DDS’s motions to dismiss and sever are withdrawn without prejudice; 12 2. The Mandatory Scheduling Conference scheduled for October 2, 2013, is vacated; 13 3. Huff’s and Woodside’s claims shall be referred to Magistrate Judge Barbara 14 McAulifee for an early settlement conference pursuant to Local Rule 270, and the parties shall 15 contact Judge McAuliffe's chambers to schedule the settlement conference; 16 4. Judge McAuliffe will set a status conference. No less than seven days prior to the 17 status conference, the parties shall file a joint status report to inform the Court of progress on 18 settlement, and the parties shall propose a schedule as to (a) when Plaintiffs will file either a 19 motion for leave to amend their first amended complaint, or a stipulation to file a second amended 20 complaint; (b) when DDS will file either its opposition to Plaintiffs’ motion for leave to amend, 21 or response to Plaintiffs’ second amended complaint; and (c) the Mandatory Scheduling 22 Conference date. 23 24 25 26 27 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill August 8, 2013 UNITED STATES DISTRICT JUDGE DEAC_Signature-END: 66h44d 28 4 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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