Nunes et al v. County of Stanislaus et al

Filing 39

ORDER DENYING PARTIES STIPULATION FOR REFERRAL TO VOLUNTARY DISPUTE RESOLUTION PROGRAM WITHOUT PREJUDICE AND REQUIRING DEFENDANT TO FILE A RESPONSE TO THE FIRST AMENDED COMPLAINT. IT IS HEREBY ORDERED that: The stipulation for referral to Voluntary D ispute Resolution Program is DENIED without prejudice; and Defendants shall file a pleading responsive to the first amended complaint within ten (10) days of the date of entry of this order. Signed by Magistrate Judge Stanley A. Boone on 9/11/2018. (Hernandez, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANGELINA NUNES, et al.,

Case no.: 1:17-cv-00633-DAD-SAB

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ORDER DENYING PARTIES’
STIPULATION FOR REFERRAL TO
VOLUNTARY DISPUTE RESOLUTION
PROGRAM WITHOUT PREJUDICE AND
REQUIRING DEFENDANT TO FILE A
RESPONSE TO THE FIRST AMENDED
COMPLAINT

Plaintiffs,
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v.
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COUNTY OF STANISLAUS, et al.,
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Defendants.
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(ECF No. 38)
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TEN DAY DEADLINE
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On September 10, 2018, the parties filed a stipulation for referral of this matter to the
Court’s Voluntary Dispute Resolution Program (“VDRP”).
Pursuant to the Local Rule, if the parties stipulate to using the VDRP, they must file a

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stipulation and order for VDRP Referral. L.R. 271(i). The Stipulation and Order for VDRP

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Referral must:

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(A) specify the time frame within which the parties propose the VDRP process
will be completed and the date by which the Neutral must file confirmation of that
completion;
(B) suggest and explain any modifications or additions to the case management
plan that would be advisable because of the reference to the VDRP; and

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(C) describe any pretrial activity, e.g., specified discovery or motions, that shall
be completed before the VDRP session is held or that shall be stayed until the
VDRP session is concluded.

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L.R. 271(i). The stipulation does not address the areas required by the Local Rule. See e.g.

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Kamalu v. Walmart Stores, Inc., No. 1:13-cv-00627-SAB (E.D. Cal. April 7, 2014) (stipulation

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and proposed order for referral to VDRP). To be referred to the VDRP, the parties are required to

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file a stipulation that complies with Rule 271(i).
Further, the Court notes that Plaintiffs filed a first amended complaint on July 13, 2018,

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and Defendants have not filed a responsive pleading, nor have the parties filed a stipulation

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addressing the failure.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The stipulation for referral to Voluntary Dispute Resolution Program is DENIED
without prejudice; and

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2.

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Defendants shall file a pleading responsive to the first amended complaint within
ten (10) days of the date of entry of this order.

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IT IS SO ORDERED.
Dated:

September 11, 2018
UNITED STATES MAGISTRATE JUDGE

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