Neylon et al v. County of Inyo et al

Filing 82

STIPULATION and ORDER 81 to Take Settlement Conference Off Calendar, signed by Magistrate Judge Jennifer L. Thurston on 6/26/2018. The Settlement Conference set for 7/16/2018 is VACATED. (Hall, S)

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PORTER | SCOTT

350 University Ave., 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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JOINT STIPULATION TO TAKE JULY
16, 2018 SETTLEMENT CONFERENCE
OFF CALENDAR; [PROPOSED] ORDER

v.

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

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

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(Doc. 81)

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Defendants.
___________________________________/

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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 that the

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Settlement Conferenced scheduled for July 16, 2018 be taken off calendar. The parties will revisit

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the issue following the Court’s ruling on the pending Motion for Summary Judgment.
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JOINT STIPULATION TO TAKE JULY 16, 2018 SETTLEMENT CONFERENCE
OFF CALENDAR; [PROPOSED] ORDER

{01843181.DOCX}

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Defendant filed a Motion for Summary Judgment on April 6, 2018. On May 9, 2018, the

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Court took the matter under submission without oral argument.

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Conference was continued in anticipation of the filing of the Summary Judgment Motion. At that

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time, the parties requested a date after the Motion was decided.

Previously, the Settlement

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

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damages in this case. Indeed, based on the preliminary settlement discussions, the settlement

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conference would not be very fruitful because of the pending Motion for Summary Judgment.

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Therefore, the parties submit there exists good cause to take the Settlement Conference off calendar.

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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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PORTER | SCOTT

The parties have conducted preliminary settlement discussions in preparing for the

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

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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 cancel the Settlement Conference. The parties seek to avoid unnecessary expenditure

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

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Accordingly, the parties stipulate to take off calendar the Settlement Conference scheduled
for July 16, 2018.
IT IS SO STIPULATED.
Dated: June 26, 2018

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By /s/Carl L. Fessenden

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Carl L. Fessenden
Dan J. Bardzell
Attorneys for Defendants

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PORTER SCOTT
A PROFESSIONAL CORPORATION

Dated: June 26, 2018

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LAW OFFICE OF MARK E. MERIN
By /s/Mark E. Merin (authorized 06/25/18)
Mark E. Merin
Paul H. Masuhara
Attorneys for Plaintiff MELISSA M.
NEYLON

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JOINT STIPULATION TO TAKE JULY 16, 2018 SETTLEMENT CONFERENCE
OFF CALENDAR; [PROPOSED] ORDER

{01843181.DOCX}

[PROPOSED] ORDER

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Based upon the Stipulation of the parties:

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1.

The settlement conference scheduled for July 16, 2018 is VACATED.

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IT IS SO ORDERED.

June 26, 2018

Dated:

/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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JOINT STIPULATION TO TAKE JULY 16, 2018 SETTLEMENT CONFERENCE
OFF CALENDAR; [PROPOSED] ORDER

{01843181.DOCX}