Payne v. State of California et al

Filing 145

STIPULATION AND ORDER TO CONTINUE SETTLEMENT CONFERENCE. Order signed by Magistrate Judge Sheila K. Oberto on 1/10/2023. The Pre-Settlement Conference set for 1/11/2023 is VACATED. The Settlement Conference currently set for 1/19/2023 is CONTINUED to 6/6/2023 at 10:00 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. A written order regarding settlement conference procedures that will follow. (Kusamura, W)

Case 1:17-cv-00906-ADA-SKO Document 145 Filed 01/10/23 Page 1 of 3

1 Theodore Slater, Esq., (SBN 267479)
SLATER LAW, APC
2 1017 L St. #294
Sacramento, CA 95814
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Telephone: [phone]
4 Facsimile: [phone]
5 Attorneys for PLAINTIFF
ALLISON COLEMAN (formerly COLEMAN PAYNE)
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA,

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FRESNO DIVISION

10 COLEMAN PAYNE, an individual,

Case No. 1:17-cv-00906-DAD-SKO

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STIPULATION AND ORDER TO
CONTINUE SETTLEMENT
CONFERENCE

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Plaintiff,
v.

13 COUNTY OF CALAVERAS, a government
14 entity in the State of California;
CALAVERAS COUNTY SHERIFF’S
15 OFFICE, a governmental agency of unknown
form; JOHN P. BAILEY, an individual; JOY
16 LYNCH, an individual, CALIFORNIA
FORENSIC MEDICAL GROUP, a business
17 entity of unknown form located in the State of
18 California; CAPTAIN EDDIE BALLARD, an
individual, LIEUTENANT TIM STURM, an
19 individual, DOCTOR MARSHA MCKAY, an
individual; and DOES 5 through 50, inclusive.
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Defendants.
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(Doc. 144)

IT IS HEREBY jointly stated by and among Plaintiff ALLISON COLEMAN, FKA,

23 COLEMAN PAYNE, Defendants COUNTY OF CALAVERAS, COUNTY OF CALAVERAS
24 SHERIFF’S

OFFICE,

SERGEANT JOHN

BAILEY, CAPTAIN EDDIE

BALLARD,

25 LIEUTENANT TIM STRUM (collectively the “County Defendants”) and Defendants
26 CALIFORNIA FORENSIC MEDICAL GROUP,INC., DR. MARSHA MCKAY, and JOY
27 LYNCH (collectively the “CFMG Defendants”), through their respective counsel that the Court be
28 requested to enter an Order to continue the Settlement Conference currently scheduled for January

STIPULATION AND ORDER TO CONTINUE SETTLEMENT CONFERENCE

Case 1:17-cv-00906-ADA-SKO Document 145 Filed 01/10/23 Page 2 of 3

1 19, 2023, for sixty days or such other date as is compatible with the Court's calendar to hold a
2 settlement conference in this matter.
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Good cause exists for the continuation of the Settlement Conference for following reasons:

4

Plaintiff has reached a settlement agreement with the following Defendants for which the

5 Court has recently granted final approval:
6 COUNTY OF CALAVERAS, CALAVERAS COUNTY SHERIFF’S OFFICE, JOHN P. BAILEY,
7 CAPTAIN EDDIE BALLARD and LIEUTENANT TIM STURM.
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Plaintiff and the following Defendants believe the requested continuance, if granted, may

9 prove beneficial in terms of fostering more communication and exchange of views by the parties
10 via their respective counsel: JOY LYNCH, DR. MARSHA MCKAY, and CALIFORNIA
11 FORENSIC MEDICAL GROUP, INC.
12 Dated: January 9, 2023

McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

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/s/Mart B. Oller IV
Mart B. Oller IV
Attorneys for Defendants COUNTY OF
CALAVERAS, CALAVERAS COUNTY
SHERIFF’S OFFICE, JOHN P. BAILEY,
CAPTAIN EDDIE BALLARD and LIEUTENANT
TIM STURM
By:

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Dated: January 9, 2023

SLATER LAW, APC

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/s/Theodore Slater
Theodore Slater
Attorneys for Plaintiff COLEMAN PAYNE

By:

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STIPULATION AND ORDER TO CONTINUE SETTLEMENT CONFERENCE

Case 1:17-cv-00906-ADA-SKO Document 145 Filed 01/10/23 Page 3 of 3

1 Dated: January 9, 2023

THE LAW OFFICES OF JEROME M. VARNINI

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/s/ Jarome Varnini
Jerome Varnini
Attorneys for Defendants JOY LYNCH,
DR. MARSHA MCKAY, and CALIFORNIA
FORENSIC MEDICAL GROUP, INC

By:
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ORDER
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FOR GOOD CAUSE SHOWN, the foregoing stipulated request to continue the upcoming

10 Settlement Conference in this case currently scheduled for January 19, 2023 is GRANTED. (Doc.
11 144.) The Settlement Conference is hereby CONTINUED to June 6, 2023 at 10:00 A.M, before
12 the undersigned. All associated deadlines, including the Pre-Settlement Telephonic Conference (see
13 Doc. 133), are VACATED, to be reset per a written order regarding settlement conference
14 procedures that will follow.
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16 IT IS SO ORDERED.
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Dated:

/s/ Sheila K. Oberto

January 10, 2023

.

UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND ORDER TO CONTINUE SETTLEMENT CONFERENCE