Novak et al v. Madera et al

Filing 45

STIPULATION and ORDER TO RE-SET SETTLEMENT CONFERENCE The Settlement Conference currently set for 1/27/2022 is CONTINUED to 5/24/2022 at 10:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Telephonic Pre-Settlement Conference set for 5/17/2022 at 04:00 PM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Order signed by Magistrate Judge Sheila K. Oberto on 1/10/2022. (Apodaca, P)

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DALE L. ALLEN, JR., State Bar No. 145279
[e-mail]
PATRICK D. MORIARTY, State Bar No. 213185
[e-mail]
ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP
180 Montgomery Street, Suite 1200
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
CITY OF MADERA, KAYLA CLARK, DORIAN LASSO,
ROBERT MAHONEY, and ANTHONY MARTINEZ
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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180 Montgomery Street, Suite 1200
San Francisco, California 94104

ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP

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LISA NOVAK and PATRICK NOVAK,
as the heirs and representative of the
decedent, Michael Robert Novak

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Case No. 1:20-cv-00301-DAD-SKO
STIPULATION AND ORDER TO RE-SET
SETTLEMENT CONFERENCE

Plaintiff,
(Doc. 44)

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v.
CITY OF MADERA, a municipal entity
of the State of California, KAYLA
CLARK, DORIAN LASSO, ROBERT
MAHONEY, and ANTHONY
MARTINEZ and DOES 1 through 10
inclusive,

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Defendants.
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Counsel for Plaintiffs LISA NOVAK and PATRICK NOVAK (“Plaintiffs”) by and

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through their attorneys Todd Emanuel and Michael Farbstein, and Defendants CITY OF

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MADERA, KAYLA CLARK, DORIAN LASSO, ROBERT MAHONEY, and ANTHONY

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MARTINEZ (“Defendants”), by and through their attorneys, Patrick Moriarty and Dale Allen,

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stipulate as follows:

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1. On March 5, 2021, the Court set a settlement conference before Magistrate Judge
Sheila K. Oberto scheduled for January 27, 2022 (Dkt 17).
2. On October 1, 2021, Defendants filed a Motion for Summary Judgment or, in the
Alternative, Summary Adjudication, with a hearing date of November 2, 2021. (Dkt 30).
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386146.1

STIPULATION AND ORDER TO RE-SET
SETTLEMENT CONFERENCE
1:20-CV-00301-DAD-SKO

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3. On October 4, 2021, the Court issued a minute order stating that the motion would

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be decided on the papers unless the Court determines that a hearing is necessary, at which point a

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hearing would be specially set. (Dkt 31).

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4. Plaintiffs filed their opposition on November 19, 2021. (Dkt 36). Defendants filed
their reply on December 14, 2021. (Dkt 42).

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5. On January 5, 2022, the Court issued an order Vacating the Pretrial Conference set
for March 7, 2022 pending the court's ruling on the pending motion for summary judgment. (Dkt

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43.)

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6. On January 5, 2022, the parties contacted Judge Oberto’s chambers inquiring

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180 Montgomery Street, Suite 1200
San Francisco, California 94104

ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP

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about re-scheduling the Settlement Conference. Judge Oberto’s clerk informed the parties that her

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next availability would be May 2022.

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7. The parties informed Judge Oberto’s clerk and tentatively re-scheduled the
settlement conference for May 24, 2022 at 10:30 a.m., pending the Court’s approval.

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IT IS SO STIPULATED, through counsel of record.

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Respectfully submitted,

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Dated: January 7, 2022

EMANUEL LAW GROUP

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By: /s/ Todd P. Emanuel
TODD P. EMANUEL
Attorney for Plaintiffs
LISA NOVAK and PATRICK NOVAK, as
the heirs and representatives of the decedent,
Michael Robert Novak

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Dated: January 7, 2022

ALLEN, GLAESSNER,
HAZELWOOD & WERTH, LLP

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By:

/s/ Patrick Moriarty
PATRICK MORIARTY
Attorneys for Defendants
CITY OF MADERA, KAYLA CLARK,
DORIAN LASSO, ROBERT MAHONEY, and
ANTHONY MARTINEZ

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386146.1

STIPULATION AND ORDER TO RE-SET
SETTLEMENT CONFERENCE
1:20-CV-00301-DAD-SKO

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ORDER
Pursuant to the parties’ foregoing stipulation (Doc. 44), and for good cause shown, the

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Settlement Conference currently set for January 27, 2022, is hereby CONTINUED to May 24,
2022 at 10:30 A.M. before the Honorable Magistrate Judge Sheila K. Oberto. On or before

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May 1, 2022, each party must submit a new Confidential Settlement Conference Statement
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Statements.

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180 Montgomery Street, Suite 1200
San Francisco, California 94104

ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP

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(“Settlement Statement”) that is complete in itself, without reference to any prior Settlement

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Following receipt of the parties’ Settlement Statements, Magistrate Judge Oberto will hold
a brief, telephonic discussion on May 17, 2022, at 4:00 P.M. (dial-in number: 1-888-557-8511;
passcode: 6208204#). Only attorneys and unrepresented parties are required to participate in the
conference.

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All deadlines in the Order Re: Settlement Conference (Doc. 17) are continued accordingly.

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IT IS SO ORDERED.
Dated:

/s/ Sheila K. Oberto

January 10, 2022

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UNITED STATES MAGISTRATE JUDGE

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386146.1

STIPULATION AND ORDER TO RE-SET
SETTLEMENT CONFERENCE
1:20-CV-00301-DAD-SKO