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

Filing 58

ORDER GRANTING #57 Stipulation to Continue the Settlement Conference, signed by Magistrate Judge Jennifer L. Thurston on 6/21/2016. Settlement Conference CONTINUED to 8/12/2016 at 01:30 PM 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,
vs.
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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CASE NO. 1:14-cv-01099-DAD-JLT
JOINT STIPULATION TO CONTINUE
THE MANDATORY SETTLEMENT
CONFERENCE PENDING
RESOLUTION OF DEFENDANTS’
MOTION FOR SUMMARY
JUDGMENT; [PROPOSED ORDER]
(Doc. 57)

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 currently

set before Magistrate Judge, Jennifer L. Thurston, on June 28, 2016 at 1:30 p.m.;

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______________________________________________________________________
Joint Stipulation to Continue MSC Date

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2.

Defendants have filed a motion for summary judgment (“MSJ”) as to all

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claims. The motion has been briefed and argued. The Court took the matter under

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submission on March 15, 2016, and thereafter requested supplemental briefing from the

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parties which was completed on March 31, 2016.

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3.

On May 17, 2016, the Court vacated the trial and pretrial dates, because

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of the pending MSJ which had not been ruled upon (Docket #56). The Court also

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continued the MSC to June 28, 2016. At the present time, there has still been no ruling

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yet on the MSJ from the Court.

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4.

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

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

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postured for meaningful negotiations or potential settlement;

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5.

Therefore, Plaintiff and Defendants mutually invoke the provision made in

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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 June 28, 2016 to a date/time convenient to the Court which is

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approximately 60 days out from the current date.

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Dated: June 20, 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: June 20, 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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For GOOD CAUSE shown, and based upon the stipulation of the, the Court

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ORDERS:
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The settlement conference, currently set on June 28, 2016 at 1:30 p.m., is

CONTINUED to August 12, 2016 at 1:30 p.m.

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IT IS SO ORDERED.
Dated:

June 21, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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______________________________________________________________________
Joint Stipulation to Continue MSC Date