Pogue v. Tilton

Filing 171

STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 01/20/10 ordering the undersigned does not order a stay per se. However, the undersigned can issue stays of discovery. Therefore, all pending deadlines are vacated, discovery is stayed, and the undersigned will not entertain motions until such time as the parties have informed the court that no settlement can be reached. (Plummer, M)

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EDMUND G. BROWN JR., State Bar No. 37100 Attorney General of California MICHAEL W. JORGENSON, State Bar No. 201145 Supervising Deputy Attorney General D. ROBERT DUNCAN, State Bar No. 161918 Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Defendants J. Tilton, J. Woodford, J. Yates, and R. Hickman IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

L. QIYAM POGUE,

CIV S-05-1873 MCE GGH P

Plaintiff, STIPULATION AND ORDER VACATING THE SCHEDULING v. ORDER AND STAYING LITIGATION PENDING SETTLEMENT NEGOTIATION JAMES E. TILTON, Secretary of the California Department of Corrections and Rehabilitation, et al., Defendants.

The parties stipulate to vacate all pending deadlines set in the scheduling order filed on October 26, 2009, and stay this action for 120 days to permit the parties to pursue a settlement. /// /// ///

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Stip. & [Proposed] Order Vacat. Sched. Order & Stay. Litig. Pogue v. Tilton, et.al., (CIV S-05-1873 MCE GGH P)

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The requested stay will allow time for Defendants to obtain settlement authority, and for the parties to attempt to negotiate a settlement or arrange for a settlement conference. If no settlement is reached at the end of 120 days, the parties will either seek additional time to reach a settlement, or request that the Court lift the stay and issue a new order rescheduling all pending deadlines. If the stay is lifted, the parties will proceed with litigating this action. IT IS SO STIPULATED. Dated: January ___, 2010 JOANNA R. MENDOZA Attorney for Plaintiff L. Qiyam Pogue

Dated: January ___, 2010 D. ROBERT DUNCAN Attorney for Defendants Tilton, Woodford, Yates, and Hickman ORDER Having reviewed the stipulation of the parties, and good cause showing, the stipulation is the order of the Court with the following proviso. Because the undersigned cannot issue stays of litigations, Reynaga v. Cammisa, 971 F.2d 414 (1992), the undersigned does not order a stay per se. However, the undersigned can issue stays of discovery. Therefore, all pending deadlines are vacated, discovery is stayed, and the undersigned will not entertain motions until such time as the parties have informed the court that no settlement can be reached. IT IS SO ORDERED. Dated: January 20, 2010 /s/ Gregory G. Hollows THE HONORABLE GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE Pogu1873.stip

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Stip. & [Proposed] Order Vacat. Sched. Order & Stay. Litig. Pogue v. Tilton, et.al., (CIV S-05-1873 MCE GGH P)

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Stip. & [Proposed] Order Vacat. Sched. Order & Stay. Litig. Pogue v. Tilton, et.al., (CIV S-05-1873 MCE GGH P) SF2006200189 20245101.doc