Estate of Christopher McDaniel, et al. v. County of Kern, et al.

Filing 54

NOTICE OF CONDITIONAL SETTLEMENT AND ORDER signed by District Judge John A. Mendez on 10/26/17. The 11/6/17 trial date is VACATED. The Stipulated Petition for Approval of Compromise of Minor's Claims shall be filed on or before 11/21/17 and the hearing, if necessary shall take place on 12/5/17 at 1:30 p.m. in Courtroom 6 of the Robert T. Matsui Courthouse. A new trial date s hall be set only in the event of failure of the conditions of settlement. (Mena-Sanchez, L)

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MICHAEL J. CURLS (SBN 159651)
NICHELLE D. JONES (SBN 186308)
LAW OFFICE OF MICHAEL J. CURLS
4340 Leimert Blvd., Suite 200
Los Angeles, CA 90008
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs CAMERON MCDANIEL, DAMON MCDANIEL and THE
ESTATE OF CHRISTOPHER MCDANIEL
MARK NATIONS, COUNTY COUNSEL
STATE OF CALIFORNIA
By: Marshall S. Fontes, Deputy (SBN 139567)
Kathleen S. Rivera, Deputy (SBN 211606)
Kern County Administrative Center
1115 Truxton Ave., Fourth Floor
Bakersfield, CA 93301
Telephone: [phone]|
Facsimile: [phone]
Attorneys for Defendants, County of Kern, Kern County Sheriff’s Department,
Aaron Warmerdam and Jeffrey Kelly

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
) Case No.: 1:15-CV-01320-JAM-JLT
THE ESTATE OF CHRISTOPHER
MCDANIEL, CAMERON MCDANIEL, )
)
individually and as Successor in
)
)
Interest to CHRISTOPHER
) NOTICE OF CONDITIONAL
MCDANIEL, DAMON MCDANIEL
) SETTLEMENT AND ORDER
individually, and GUNNER MCDANIEL,)
individually, by and through his
)
Guardian Ad Litem CATHY LOWELL )
)
)
Plaintiff,
)
)
)
vs.
)
)
COUNTY OF KERN, KERN COUNTY )
SHERIFF’S DEPARTMENT, AARON )
)
WARMERDAM, JEFFREY KELLEY, )
)
and DOES 1 THROUGH 25,
)
INCLUSIVE,
)
Defendants
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NOTICE OF CONDITIONAL SETTLEMENT (1:15-CV-01320-JAM-JLT)

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TO THE HONORABLE COURT:

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Please be advised that the parties have reached a settlement of the above

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referenced matter in its entirety. The settlement is conditional upon:
1. Board Approval by the Kern County Board of Supervisors. The next
meeting of the Kern County Board of Supervisors is November 7, 2017.
2. The Court’s Approval of a Stipulated Petition for Approval of Compromise

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of Minor’s Claim for Plaintiff GUNNAR MCDANIEL.

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BASED ON THE FOREGOING, the parties request:

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That the November 6, 2017 trial date be vacated and reset only in the

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event of failure of the above-referenced conditions.

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DATED: October 26, 2017

LAW OFFICE OF MICHAEL J. CURLS

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By:
/s/
Nichelle D. Jones, Attorneys for
Plaintiffs THE ESTATE OF CHRISTOPHER
MCDANIEL, et al.

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DATED: October 26, 2017

MARK NATIONS, COUNTY COUNSEL

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By:
/s/
Marshall S. Fontes, Deputy
Kathleen S. Rivera, Deputy
Attorneys for Respondents

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NOTICE OF CONDITIONAL SETTLEMENT (1:15-CV-01320-JAM-JLT)

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ORDER
IT IS HEREBY ORDERED:

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1. The November 6, 2017 trial date is vacated.

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2. The Stipulated Petition for Approval of Compromise of Minor’s Claims

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shall be filed on or before November 21, 2017 and the hearing, if necessary shall

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take place on December 5, 2017 at 1:30 p.m. in Courtroom 6 of the Robert T.

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Matsui Courthouse.

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3. A new trial date shall be set only in the event of failure of the conditions of
settlement.

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DATED: 10/26/2017
/s/ John A. Mendez_________________
United States District Court Judge

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NOTICE OF CONDITIONAL SETTLEMENT (1:15-CV-01320-JAM-JLT)