K.E.C. v. County of Kern, et al.

Filing 35

ORDER GRANTING #33 Stipulation to Continue Settlement Conference, signed by Magistrate Judge Jennifer L. Thurston on 1/6/2016. Settlement Conference CONTINUED to 4/1/2016 at 09:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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THERESA A. GOLDNER, COUNTY COUNSEL
By: Marshall S. Fontes, Deputy (SBN 139567)
Kern County Administrative Center
1115 Truxtun Avenue, Fourth Floor
Bakersfield, CA 93301
Telephone [phone]
Fax [phone]
Attorneys for Defendants
County of Kern, Deputy Jason Ayala
and Deputy Joshua Bathe

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KEANU ETHAN CAMPOS, a minor, by
and through his Guardian ad Litem,
Deniz Gonzalez,
Plaintiffs,

CASE NO. 1:14-cv-01099-DAD-JLT
JOINT STIPULATION TO CONTINUE
MANDATORY SETTLEMENT
CONFERENCE; [PROPOSED
ORDER]

vs.
(Doc. 33)
COUNTY OF KERN, a public entity;
DEPUTY JASON AYALA, a public
employee; DEPUTY JOSHUA BATHE, a
public employee; and DOES 1 - 10,
Inclusive

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Defendants.

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COME NOW, Plaintiff, KEANU ETHAN CAMPOS, by and through his Guardian

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ad Litem, Deniz Gonzalez and Defendants, COUNTY OF KERN, DEPUTY JASON

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AYALA an DEPUTY JOSHUA BATHE, who have met and conferred through their

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respective attorneys of record, and now make this joint stipulated request of the Court:

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REPRESENTATIONS AND JOINT STIPULATION AND REQUEST:

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1.

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The Mandatory Settlement Conference (“MSC”) in this matter is set before

Magistrate Judge, Jennifer L. Thurston, on January 11, 2016 at 9:30 a.m.;

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______________________________________________________________________
Joint Stipulation to Continue MSC Date

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2.

Defendants anticipate the filing of a motion for summary judgement

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(“MSJ”) on all issues raised by the First Amended Complaint, on or before February 10,

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2016;

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3.

Plaintiff and Defendants have timely exchanged settlement demands and

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offers, but believe that a settlement conference, prior to the resolution of the issues to

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be raised in the anticipated MSJ, will not be productive and therefore, the case currently

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is not postured for meaningful negotiations or potential settlement;

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4.

Therefore, Plaintiff and Defendants mutually invoke the provision made in

the Scheduling Order (Doc. No. 26, p. 6, Section X, fn. 3) and stipulate that the Court

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continue the MSC set for January 11, 2016 to a date/time convenient to the Court

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sometime after March 23, 2016, which is the last date possible for hearing of the MSJ.

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The parties suggest that the MSC be continued to the following date:

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Date: April 1, 2016

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Time: 9:30 a.m.

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Dated: January 6, 2016

THERESA A. GOLDNER, COUNTY COUNSEL

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By: /s/ Marshall S. Fontes
.
Marshall S. Fontes, Deputy
Attorneys for Defendants, County of Kern,
Deputy Jason Ayala and Deputy Joshua
Bathe

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Dated: January 6, 2016

LAW OFFICES OF GARROTTO & GARROTTO

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By /s/ Greg Garrotto
.
Greg Garrotto, Esq.
Attorneys for Plaintiff, Keanu Ethan Campos,
a minor, by and through his Guardian ad
Litem, Deniz Gonzalez

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______________________________________________________________________
Joint Stipulation to Continue MSC Date

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[PROPOSED] ORDER

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Based upon the stipulation of counsel, the Court ORDERS:

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1.

The settlement conference is CONTINUED to April 1, 2016 at 9:30 a.m.

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2.

Counsel SHALL comply with the scheduling order related to the settlement

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conference (Doc. 26 at 6-7).

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IT IS SO ORDERED.
Dated:

January 6, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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______________________________________________________________________
Joint Stipulation to Continue MSC Date