Paynes v. Runnels, et al

Filing 71

ORDER signed by Magistrate Judge Kimberly J. Mueller on 9/9/09 GRANTING 70 Motion to Stay. The parties shall notify the court no later than 1/6/10, whether the case has settled.(Dillon, M)

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EDMUND G. BROWN JR., State Bar No. 37100 Attorney General of California TRACY S. HENDRICKSON, State Bar No. 155081 Supervising Deputy Attorney General REBECCA M. ARMSTRONG-GRAU, State Bar No. 227452 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 Runnels, Felker and Tuffin IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

LORENZO CARL PAYNES,

2:04-cv-1868 MCE KJM P Plaintiff, JOINT REQUEST TO STAY CASE PENDING SETTLEMENT; ORDER

v. D. L. RUNNELS, et al.,

Defendants.

On August 13, 2009, the parties engaged in good faith settlement discussions in the above matter, and stipulate to the following:

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Joint Request To Stay Case Pending Settlement; Order

(2:04-cv-1868 MCE KJM P)

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1.

The parties jointly request that this matter be stayed for one hundred twenty days,

from the date of the Court's order, so that the parties may conduct good faith settlement negotiations in an effort to resolve this matter. 2. In the unlikely event the parties are unable to resolve this matter, the parties seek to

preserve their litigation rights, and will notify this Court by the end of the stay, so that a modified scheduling order may be issued and litigation can proceed. IT IS SO STIPULATED. Date:August 26, 2009 By: /s/ Lorenzo Paynes______________ Lorenzo Paynes Plaintiff in Pro Per

Date:August 26, 2009

By:

/s/ Rebecca M. Armstrong-Grau Rebecca M. Armstrong Attorney for Defendant Runnels

Dated: August 27, 2009

Respectfully submitted, EDMUND G. BROWN JR. Attorney General of California TRACY S. HENDRICKSON Supervising Deputy Attorney General

/s/ Rebecca M. Armstrong-Grau
REBECCA M. ARMSTRONG-GRAU Deputy Attorney General Attorneys for Defendants David L. Runnels, Thomas S. Felker and Kenneth Tuffin

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Joint Request To Stay Case Pending Settlement; Order

(2:04-cv-1868 MCE KJM P)

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Joint Request To Stay Case Pending Settlement; Order

ORDER The Court, having considered the parties' stipulation for a request to stay the case pending good faith settlement negotiations, orders that this case is stayed for a period of one hundred and twenty days from the date of this Court's order. The parties shall notify the court no later than January 6, 2010, whether the case has settled. Dated: September 9, 2009.

SA2006301263 30845673.doc

(2:04-cv-1868 MCE KJM P)