Wonderly v. Youngblood et al

Filing 109

STIPULATION and ORDER 108 to Continue Stay of Proceedings, signed by Magistrate Judge Jennifer L. Thurston on 11/5/2021. Filing Deadline 12/10/2021. (Hall, S)

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MAHONEY LAW GROUP, APC
KEVIN MAHONEY (SBN 235367)
KATHERINE J. ODENBREIT (SBN 184619)
249 East Ocean Boulevard, Suite 814
Long Beach, CA 90802
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff
DARREN WONDERLY

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JACKSON LEWIS P.C.
NATHAN W. AUSTIN (SBN 219672)
EVAN D. BEECHER (SBN 280364)
400 Capitol Mall, Suite 1600
Sacramento, California 95814
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendant
SHERIFF DONNY YOUNGBLOOD

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DARREN WONDERLY, INDIVIDUALLY CASE NO. 1:16-cv-01621-JLT
AND ON BEHALF OF THOSE SIMILARLY
SITUATED,
JOINT STIPULATION TO CONTINUE
STAY OF PROCEEDINGS; [PROPOSED]
Plaintiff,
ORDER
(Doc. 108)
vs.

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SHERIFF DONNY
DOES 1 through 50,

YOUNGBLOOD AND

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Defendants.
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Joint Stipulation to Continue Stay of Proceedings;
[Proposed] Order

Darren Wonderly vs. Sheriff Donny Youngblood, et al.
Case No. :16-CV-01621-JLT

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The parties to the above-captioned action, by and through their attorneys of record, hereby
enter into the below stipulation with regard to the following facts and circumstances:
WHEREAS, Plaintiff DARREN WONDERLY (“Plaintiff”), filed a complaint against

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Defendant, SHERIFF DONNY YOUNGBLOOD, (“Defendant”) on or about October 26, 2016;

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WHEREAS, on June 30 and September 21, 2021, the Court granted the Parties’ request to

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stay the proceedings and vacate future dates in order for the Kern County Board of Supervisors to

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authorize a proposed Settlement between the Parties and for the Parties to prepare settlement

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documents;

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WHEREAS, the Kern County Board of Supervisors has authorized the Parties to settle the
claims;

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WHEREAS, the Parties have largely finalized settlement documents and will be obtaining
the signatures of the parties shortly;

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THEREFORE, the Parties agree to continue a stay of the case in order to file the
settlement documents and present to the Court a motion for approval of the Settlement.

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IT IS STIPULATED THAT:

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1.

In order to preserve judicial economy, as well as prevent any unnecessary

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litigation costs to Plaintiff and Defendant, all proceedings, including but not

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limited to written discovery, depositions, subpoena of records, all motions and

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hearings, and all deadlines related to motions and hearings, be stayed pending the

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parties submitting a Joint Stipulation of Settlement to the Court for approval;

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2.

If the proposed Joint Stipulation of Settlement is not ultimately approved by the

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Court, this stipulation shall no longer be binding, and the case shall proceed per

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applicable Federal Rules of Civil Procedure and the local rules of the United States

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District Court of the Eastern District of California. In this event, the current

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deadlines will be reset by the Order of the Court to avoid prejudice to any parties.

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3.

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The Parties will submit the Joint Stipulation of Settlement to the Court by
December 10, 2021.

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Joint Stipulation to Continue Stay of Proceedings;
[Proposed] Order

Darren Wonderly vs. Sheriff Donny Youngblood, et al.
Case No. :16-CV-01621-JLT

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4.

Nothing in this Stipulation and Order is intended to limit or waive any rights the

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Parties may have.

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IT IS SO STIPULATED.

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Dated: November 4, 2021

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By: /s/ Katherine J. Odenbreit (as authorized on 11.04.21 )
KEVIN MAHONEY
KATHERINE J. ODENBREIT

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Attorneys for Plaintiff
DARREN WONDERLY

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MAHONEY LAW GROUP, APC

Dated: November 4, 2021

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JACKSON LEWIS P.C.
By: /s/ Nathan W. Austin
NATHAN W. AUSTIN
EVAN D. BEECHER

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Attorneys for Defendant
SHERIFF DONNY YOUNGBLOOD

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Joint Stipulation to Continue Stay of Proceedings;
[Proposed] Order

Darren Wonderly vs. Sheriff Donny Youngblood, et al.
Case No. :16-CV-01621-JLT

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ORDER

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Based upon the stipulation of the parties and good cause appearing, the Court ORDERS:

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1.

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The Parties are to submit their motion for approval of the settlement and Joint
Stipulation of Sentiment no later than December 10, 2021.

IT IS SO ORDERED.
Dated:

November 5, 2021

_ /s/ Jennifer L. Thurston
CHIEF UNITED STATES MAGISTRATE JUDGE

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Joint Stipulation to Continue Stay of Proceedings;
[Proposed] Order

Darren Wonderly vs. Sheriff Donny Youngblood, et al.
Case No. :16-CV-01621-JLT