Toscano et al v. City Of Fresno et al

Filing 44

STIPULATION and ORDER GRANTING the parties' request to vacate the settlement conference currently set before Magistrate Judge Sheila K. Oberto on 5/28/2015. Order signed by Magistrate Judge Stanley A. Boone on 5/14/2015. (Rooney, M)

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Bruce D. Praet, SBN 119430
FERGUSON, PRAET & SHERMAN
A Professional Corporation
1631 East 18th Street
Santa Ana, California 92705
[phone] Telephone
[phone] Facsimile
[e-mail]
Attorneys for Defendants

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANGEL KEITH TOSCANO, JR.,
individually and as successor-ininterest to Angel Keith Toscano,
deceased; COLE TOSCANO,
individually, and as successor-ininterest to Angel Deith toscano,
deceased, by his mother and
Guardian Ad Litem, KIMBERLY
HENSON,

STIPULATION AND REQUEST TO
VACATE SETTLEMENT
CONFERENCE; ORDER THEREON

Plaintiffs,

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Case No. 1:13-cv-01987-SAB
Member Case: 1:14-cv-00186-SAB

vs.

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CITY OF FRESNO, a municipal
corporation; JERRY DYER,
individually and in his capacity as
Chief of Police for the City of
Fresno; DOES 1 through 50,
inclusive; and nominal defendants
DOES 51 through 60, inclusive,

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Defendants.

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IT IS HEREBY STIPULATED by and between the parties through their

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respective counsel of record and respectfully requested that the settlement
conference date of May 28, 2015, originally set by the Court in the June 3, 2014,
Scheduling Order [Doc. 33] be vacated.

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The parties have already voluntarily participated in a private mediation with
Attorney Lee Jacobsen on February 26, 2015. Although the first session of

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mediation was not successful, the parties have reserved the ability to return to

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mediation if it would appear beneficial as discovery in this matter continues.

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As such, the parties respectfully request that the Court’s settlement

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conference set for May 28, 2015, be taken off calendar so that the parties may

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continue with private mediation as appropriate.

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DATED: May 14, 2015

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FERGUSON, PRAET & SHERMAN
A Professional Corporation
By:

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DATED: May 14, 2015

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NELSON & ROZIER
By:

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DATED: May 14, 2015

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/s/ John L. Rozier
John L. Rozier, Attorneys for Plaintiffs

GOLDBERG & IBARRA
By:

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/s/ Bruce D. Praet
Bruce D. Praet, Attorneys for Defendants

/s/ Adam Rushing
Adam Rushing, Attorneys for Plaintiffs

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The Settlement Conference of May 28, 2015, is vacated.

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IT IS SO ORDERED.

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Dated:

May 14, 2015
UNITED STATES MAGISTRATE JUDGE

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