Rouser v. White, et al

Filing 512

STIPULATION AND ORDER signed by Senior Judge Lawrence K. Karlton on 4/28/2010 ORDERING 509 the Court issued an order for a preliminary injunction. Defendants will appeal that order to the Court of Appeal for the 9th Circuit. Dfts will file that app eal on or before 5/7/2010. The parties have conferred with the Chief Circuit Mediator and have agreed to participate in the mediation of the case in its entirety, including, but not limited to the preliminary injunction order, the appeal of this Cour t's order denying qualified immunity for dfts Gomez and White, and any additional cases or matters which they agree to mediate. The parties are considering mediation dates in late May or early June of 2010. The Chief Circuit Mediator has advised the parties that a stay of the appeal will be issued pending mediation, when dfts' appeal is filed. Because of those facts, the parties agree that dfts are not required to first seek a stay of enforcement of the preliminary injunction in the di strict court. If the parties are unable to mediate the dispute, and the stay of the appeal pending mediation is lifted, the parties agree that pltf can move the district court for enforcement of the preliminary injunction, and dfts can oppose that mo tion or move for a stay in the 9th Circuit Court of Appeal. In the event the parties are unable to mediate the dispute, and the stay of appeal is lifted, the parties agree that the preliminary injunction will take effect as if entered by the Court on the date the stay of appeal is lifted. (Reader, L) Modified on 4/29/2010 (Reader, L).

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EDMUND G. BROWN JR., State Bar No. 37100 Attorney General of California MONICA N. ANDERSON, State Bar No. 182970 Supervising Deputy Attorney General JAMES E. FLYNN, State Bar No. 61139 Deputy Attorney General 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Defendants Gomez, White, Cate, Yates, Haws, Flores, and Ortiz IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

WILLIAM ROUSER,

2:93-cv-0767-LKK-GGH (PC) Plaintiff, STIPULATION RE: PRELIMINARY INJUNCTION

v. THEO WHITE, et al.,

Defendants. The parties, by their attorneys of record, agree and stipulate as follows: 1. On April 15, 2010, the Court issued an order for a preliminary injunction. (CR 509.) 2. Defendants will appeal that order to the Court of Appeal for the Ninth Circuit. 3. Defendants will file that appeal on or before May 7, 2010. 4. The parties have conferred with the Chief Circuit Mediator and have agreed to participate in the mediation of the case in its entirety, including, but not limited to the preliminary injunction order, the appeal of this Court's order denying qualified immunity for defendants Gomez and White, and any additional cases or matters which they agree to mediate. 5. The parties are considering mediation dates in late May or early June of 2010. /// 1
Stipulation re: Preliminary Injunction (2:93-cv-0767-LKK-GGH (PC))

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6. The Chief Circuit Mediator has advised the parties that a stay of the appeal will be issued pending mediation, when defendants' appeal is filed. 7. Because of those facts, the parties agree that defendants are not required to first seek a stay of enforcement of the preliminary injunction in the district court. 8. If the parties are unable to mediate the dispute, and the stay of the appeal pending mediation is lifted, the parties agree that plaintiff can move the district court for enforcement of the preliminary injunction, and defendants can oppose that motion or move for a stay in the Ninth Circuit Court of Appeal. 9. In the event the parties are unable to mediate the dispute, and the stay of appeal is lifted, the parties agree that the preliminary injunction will take effect as if entered by the Court on the date the stay of appeal is lifted. Dated: April 28, 2010
OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF CALIFORNIA

By: /s/ James E. Flynn JAMES E. FLYNN, State Bar No. 61139 Deputy Attorney General Attorneys for Defendants

Dated: April 28, 2010

JONES DAY

By: /s/ Lin Wang [Original On File]
Attorney At Law Attorneys for Plaintiff

LIN WANG, State Bar No. 261387

IT IS SO ORDERED Dated: April 28, 2010 2
Stipulation re: Preliminary Injunction (2:93-cv-0767-LKK-GGH (PC))

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