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

Filing 64

STIPULATION and ORDER to SCHEDULE SETTLEMENT CONFERENCE. Settlement Conference set for 11/30/2017, at 10:00 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The parties shall submit their confidential settlement conference statements by no later than 11/21/2017. Order signed by Magistrate Judge Sheila K. Oberto on 8/15/2017. (Timken, A)

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Richard C. Conway - #81679
Robert B. Zumwalt - #247080
KAHN, SOARES & CONWAY, LLP
219 North Douty Street
Hanford, CA 93230
Telephone: [phone]
Fax: [phone]
Attorneys for: Plaintiff, MAURICE C. MOCK

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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MAURICE C. MOCK

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Case No. 1:15-cv-01104-MJS

Plaintiff,
vs.

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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,

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STIPULATION TO SCHEDULE
SETTLEMENT CONFERENCE; ORDER

Defendants.

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(Doc. 62)

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The parties to the above-captioned matter stipulate as follows:
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1.

A Settlement Conference in this matter, which had previously been scheduled for

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June 15, 2016, at 10:30 a.m. in Department 7 before Hon. Sheila K. Oberto, was vacated by the
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court’s order dated June 9, 2017 (Document No. 61) (the “Order”)..

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2.

The Order further commanded counsel for the parties to meet and confer and

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notify the court of a new Settlement Conference date on or before August 15, 2017.
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3.

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The parties have so met and conferred and now agree to schedule a new

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Settlement Conference date of November 30, 2017 at 10:00 a.m. in Department 7 before Hon.

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Sheila K. Oberto.
The parties so stipulate:

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Dated: August 11, 2017

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Xavier Becerra
Attorney General of California
David J. Neill
Supervising Deputy Attorney General

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/s/ Matthew T. Besmer
Matthew T. Besmer
Deputy Attorney General
Attorneys for Defendant CDCR

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Dated: August 11, 2017

KAHN, SOARES & CONWAY, LLP

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/s/ Robert B. Zumwalt
Richard C. Conway
Robert B. Zumwalt
Attorneys for Plaintiff

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Dated: August 11, 2017

LONGYEAR, O’DEA & LAVRA, LLP

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/s/ John A. Lavra
John A. Lavra
Attorneys for Defendant John Keith

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ORDER

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

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(Doc. 62), it is hereby ORDERED that:
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A Settlement Conference in this matter is calendared for November 30, 2017, at

10:00 a.m. in Courtroom 7 before the Honorable Sheila K. Oberto.
2.

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The parties are to send Confidential Settlement Conference Statements

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(Settlement Statement) to the following email address: [e-mail], to arrive

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no later than five (5) business days before the conference. Each party shall also file a Notice of

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Submission of Confidential Settlement Conference Statement (See L.R. 270 (d)).
If the Settlement Conference is continued for any reason, each party must submit a new

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Settlement Statement that is complete in itself, without reference to any prior Settlement

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Statements.
Settlement Statements must be typed and double spaced. Each Settlement Statement shall

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include the following:

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a.

A brief summary of the core facts, allegations, and defenses.

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b.

A summary of the proceedings to date.

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c.

An estimate of the cost and time to be expended for further discovery,

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pretrial, and trial.

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d.

The nature of the relief sought.

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e.

An outline of past settlement efforts including information regarding the

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"Pre-settlement Conference Exchange of Demand and Offer" required above (including

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the itemization of damages), and a history of past settlement discussions, offers, and

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demands.

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f.

A statement of each party’s expectations and goals for the Settlement

Conference.

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IT IS SO ORDERED.
Dated:

August 15, 2017

/s/

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Sheila K. Oberto

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UNITED STATES MAGISTRATE JUDGE

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