Neylon et al v. County of Inyo et al

Filing 70

ORDER GRANTING 69 Stipulation to Continue Settlement Conference, signed by Magistrate Judge Jennifer L. Thurston on 3/12/2018. Settlement Conference CONTINUED to 7/16/2018 at 09:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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PORTER | SCOTT
350 University Avenue, Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

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A PROFESSIONAL CORPORATION
Carl L. Fessenden, SBN 161494
Daniel J. Bardzell, SBN 313993
350 University Ave., Suite 200
Sacramento, California 95825
TEL: [phone]
FAX: [phone]
Attorneys for Defendants
COUNTY OF INYO; WILLIAM R. LUTZE;
RALPH DOUGLAS RICHARDS; and MICHAEL DURBIN
Mark E. Merin (State Bar No. 043849)
Paul H. Masuhara (State Bar No. 289805)
LAW OFFICE OF MARK E. MERIN
1010 F Street, Suite 300
Sacramento, California 95814
TEL: [phone]
FAX: [phone]
Attorneys for Plaintiff
MELISSA M. NEYLON

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UNITED STATED DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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MELISSA M. NEYLON AND SHAWN P.
NEYLON,
Plaintiff,

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COUNTY OF INYO, WILLIAM R.
LUTZE, RALPH DOUGLAS RICHARDS,
MICHAEL DURBIN, and DOES 1 to 50,

JOINT STIPULATION TO CONTINUE
SETTLEMENT
CONFERENCE;
[PROPOSED] ORDER

v.

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CASE NO. 1:16-cv-00712-AWI-JLT

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(Doc. 69)

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Defendants.
___________________________________/

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{01789477.DOCX}

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JOINT STIPULATION TO CONTINUE SETTLEMENT CONFERENCE; [PROPOSED] ORDER

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This Stipulation is entered into by and between Plaintiffs MELISSA M. NEYLON and

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Defendants COUNTY OF INYO; WILLIAM R. LUTZE; RALPH DOUGLAS RICHARDS; and

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MICHAEL DURBIN, through counsel of record. The Parties have conferred and agree to continue

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the Settlement Conference, from March 19, 2018, to July 16, 2018 or to a date convenient to the

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Court after Defendants’ Motion for Summary Judgment has been decided.

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The parties have engaged in meet and confer efforts regarding Defendants’ forthcoming

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Motion for Summary Judgment but have been unable to narrow the issues in dispute at this time.

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Defendants are preparing to file this motion which they believe is dispositive. Plaintiff disagrees

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that this motion will be dispositive.
The parties have conducted preliminary settlement discussions in preparing for the

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PORTER | SCOTT
350 University Avenue, Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

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upcoming Settlement Conference and maintain vastly divergent views on both liability and

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damages in this case. Defendants believe that the Court’s ruling on Defendants’ anticipated Motion

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for Summary Judgment will be greatly helpful in narrowing and/or solidifying the issues in dispute,

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if any, and furthering settlement discussions.

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discussions, the settlement conference may not be very fruitful because of the issues on the

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anticipated Motion for Summary Judgment. Therefore, the parties submit there exists good cause to

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continue the Settlement Conference to July 16, 2018 or to a date convenient to the Court after

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Defendants’ Motion for Summary Judgment has been decided.

Indeed, based on the preliminary settlement

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The parties are mindful of the Court’s Order dated February 26, 2018 which continued the

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expert discovery deadline in this case to May 8, 2018 and further ordered that no other amendments

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to the case schedule are authorized. The parties respectfully submit that it does not affect the case

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calendar to move the Settlement Conference to a more fruitful date after the parties have fully

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briefed and the Court has heard/ruled on Defendants’ dispositive motion. The parties seek to avoid

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unnecessary expenditure of the Court’s time and resources to conduct a Settlement Conference

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before a realistic possibility of settlement exists.

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Accordingly, the parties stipulate to continue the Settlement Conference, from March 19,

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2018, to July 16, 2018 or to a date convenient to the court.

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{01789477.DOCX}

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JOINT STIPULATION TO CONTINUE SETTLEMENT CONFERENCE; [PROPOSED] ORDER

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IT IS SO STIPULATED.
Dated: March 9, 2018

PORTER SCOTT
A PROFESSIONAL CORPORATION

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By

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/s/Carl L. Fessenden
Carl L. Fessenden
Dan J. Bardzell
Attorneys for Defendants

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Dated: March 9, 2018

LAW OFFICE OF MARK E. MERIN
By

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Mark E. Merin
Paul H. Masuhara
Attorneys for Plaintiff MELISSA M.
NEYLON

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PORTER | SCOTT
350 University Avenue, Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

/s/ Mark E.Merin [Authorized on 3/9/18]

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{01789477.DOCX}

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JOINT STIPULATION TO CONTINUE SETTLEMENT CONFERENCE; [PROPOSED] ORDER

[PROPOSED] ORDER

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Based upon the Stipulation of the parties, and good cause shown:

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1. The Settlement Conference is continued from March 19, 2018, to July 16, 2018 at 9:30

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a.m.

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IT IS SO ORDERED.
Dated:

March 12, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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PORTER | SCOTT

350 University Ave., Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

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{01789477.DOCX}

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JOINT STIPULATION TO CONTINUE SETTLEMENT CONFERENCE; [PROPOSED] ORDER