Mock v. California Department of Corrections and Rehabilitation, et al.

Filing 48

STIPULATION and ORDER to Continue Settlement Conference. The settlement conference scheduled for April 11, 2017, is VACATED, as are all deadlines for filing and service of settlement conference statements in connection with said conference. The parties shall meet and confer about addressing scheduling issues that may be impacted by Defendants' conflict of interest. If needed, the parties will seek a status conference with Magistrate Judge Seng to discuss amendments to the Scheduling Order that may be necessitated by the conflict. The parties shall submit new proposed settlement conference dates on or before April 28, 2017. Order signed by Magistrate Judge Sheila K. Oberto on 3/31/2017. (Timken, A)

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XAVIER BECERRA, State Bar No. 118517
Attorney General of California
DAVID J. NEILL, State Bar No. 186997
Supervising Deputy Attorney General
MATTHEW T. BESMER, State Bar No. 269138
Deputy Attorney General
2550 Mariposa Mall, Room 5090
Fresno, CA 93721
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendant CDCR

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MAURICE C. MOCK,

Plaintiff, STIPULATION TO CONTINUE
SETTLEMENT CONFERENCE; ORDER

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1:15-cv-01104-MJS

v.

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Date:
April 11, 2017
Time:
10:00 a.m.
Courtroom: 7
Judge:
The Honorable Sheila K. Oberto

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION; PLEASANT
VALLEY STATE PRISON; JEFFREY A
BEARD, in official capacity; JOHN KEITH,
in his individual and official capacities; and
DOES 1 through 50, inclusive,
Defendants.

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Trial:
October 24, 2017
Action Filed: June 15, 2015

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A settlement conference is scheduled for April 11, 2017. Recent developments justify

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continuing the settlement conference. The California Attorney General’s Office (“AGO”) has

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thus far been representing defendants California Department of Corrections and Rehabilitation

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(“CDCR”) and John Keith. On March 2, 2017, defendant Keith filed his own discrimination

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complaint against CDCR in the Fresno County Superior Court. Thereafter, CDCR forwarded this

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complaint to the AGO. A conflict now exists between CDCR and Keith that will impact the

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AGO’s continued representation of both defendants. Further, this conflict potentially impacts a

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deposition Plaintiff has noticed, requiring the deposition to be continued until conflict issues, if

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Stipulation to Continue Settlement Conference (1:15-cv-01104-MJS); Order

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any, are addressed. Additionally, this case is not currently postured for settlement based on the

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parties informal settlement discussions.

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Based on the foregoing, the parties stipulate to taking the settlement conference off

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calendar that is scheduled for April 11, 2017, and to taking the associated deadlines for filing and

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serving settlement conference statements off calendar. The parties agree to meet and confer about

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addressing scheduling issues that may be impacted by this forgoing conflict of interest. If needed,

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the parties will seek a status conference with Judge Seng to discuss amendments to the scheduling

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order that may be necessitated by the conflict. The parties will submit new proposed settlement

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conference dates on or before April 28, 2017. This should allow defendants and their counsel

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sufficient time to work through the conflict issues.

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SO STIPULATED.

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Dated: March 29, 2017

Respectfully submitted,
XAVIER BECERRA
Attorney General of California
DAVID J. NEILL
Supervising Deputy Attorney General

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/s/ Matthew T. Besmer

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MATTHEW T. BESMER
Deputy Attorney General
Attorneys for Defendant CDCR

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KAHN, SOARES & CONWAY, LLP

Dated: March 29, 2017

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/s/ Robert B. Zumwalt

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Richard C. Conway
Robert B. Zumwalt
Attorneys for Plaintiff

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Stipulation to Continue Settlement Conference (1:15-cv-01104-MJS); Order

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ORDER
Good cause appearing on the parties’ “Stipulation to Continue Settlement Conference”

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(Doc. 47), it is hereby ORDERED that:

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The settlement conference scheduled for April 11, 2017, is VACATED, as are all

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deadlines for filing and service of settlement conference statements in connection with said

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conference.

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The parties shall meet and confer about addressing scheduling issues that may be

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impacted by Defendants’ conflict of interest. If needed, the parties will seek a status conference

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with Magistrate Judge Seng to discuss amendments to the Scheduling Order that may be

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necessitated by the conflict. The parties shall submit new proposed settlement conference dates

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on or before April 28, 2017.

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IT IS SO ORDERED.
Dated:

March 31, 2017

/s/

Sheila K. Oberto

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UNITED STATES MAGISTRATE JUDGE

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Stipulation to Continue Settlement Conference (1:15-cv-01104-MJS); Order