Flores v. Orland Unified School District, et al.

Filing 77

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 9/16/2010 re 76 ORDERING that the 26 Status (Pretrial Scheduling) Order is MODIFIED as follows: Discovery due ddl 2/18/2011; Dispositive Motions Hearing ddl 4/18/2011. Final Pretrial Conference set for 6/13/2011 at 01:30 PM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Trial RESET for 8/23/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Duong, D)

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Flores v. Orland Unified School District, et al. Doc. 77 1 DENNIS HALSEY, ESQ. SBN 66091 Law Offices of Dennis Halsey 2 9 Highland Circle Chico, CA 95926 3 (530) 345-1976 4 Attorney for defendants Jack Martin, Mark Hendry, 5 Ben Kraemer, Leigh McDaniel, and Vangie Porras 6 7 8 9 10 11 FRANCISCO FLORES, 12 13 vs. 14 15 16 17 18 CHRIS VON KLEIST, ET AL., 19 20 21 The parties to this lawsuit, having received and considered the Court's Order Granting and Defendants. Trial Date: August 23, 2011 Discovery Cut Off: February 18, 2010 Plaintiff, STIPULATION AND ORDER MODIFYING STATUS (PRETRIAL SCHEDULING) ORDER Case No. 2:08-cv-02499-GEB-JFM United States District Court Eastern District of California, Sacramento 22 Denying in Part Defendants' Motions for Summary Judgment, believe it is in their best interest to 23 settle this case. In that regard counsel are discussing the terms and conditions of a proposed 24 settlement. That process is on going, and may take several days or more to conclude. Once a 25 proposed settlement agreement is reached, counsel must present the proposal to Plaintiff, and to 26 the Board of Directors of Golden State Risk Management Authority, to Superintendent Chris Von 27 Kleist, and to the past Board and current Board of Trustees of the Orland Unified School District. 28 S t ip & (Proposed) Order Vac Status Conf Order -1Dockets.Justia.com 1 Convening meetings of those Boards takes time. 2 Presently there are pending the deposition of plaintiff, depositions of treating psychologist 3 and physician, and plaintiff's economist; and probably additional fact witnesses and expert 4 witnesses. Defendants have four discovery motions set for October 7. Defendants anticipate filing 5 additional discovery motions, and a motion to appointment a Special Master to act as Discovery 6 Referee, and to extend discovery cut off. Discovery cut off is currently set for October 20. 7 In order to negotiate and to approve a settlement in this case, the current date for discovery 8 cut off, the final date for other motions, and probably the Final Pre Trial conference are too near. 9 The attorneys believe, and request, that the Status (PreTrial Scheduling) Order should be vacated 10 and new dates set if the case does not settle. 11 Therefore, it is hereby stipulated between the parties, by and through their respective 12 attorneys, that the current Status (PreTrial Scheduling) Order be vacated, and a new order be made 13 if the parties are not able to reach agreement in the next ninety days. 14 15 Date: September 14, 2010 16 17 18 Date: September 14, 2010 19 20 Date; September 14, 2010 21 22 23 Based on the parties' representations that they desire to determine whether they can settled 24 25 this case, the Status (Pretrial Scheduling) Order is modified as follows: the discovery completion /s/ James E. McGlamery, Esq. Attorney for plaintiff Francisco J. Flores ORDER /s/ Dennis Halsey Dennis Halsey, Esq. Attorney for defendants Jack Martin, Mark Hendry, Ben Kraemer, Leigh McDaniel, and Vangie Porras /s/ Leonard G. Krup, Esq. Leonard G. Krup, Esq. Attorney for defendant Chris Von Kleist 26 date is February 18, 2011; the last law and motion hearing date is April 18, 2011, commencing at 27 9:00 a.m. ; the final pretrial conference will commence at 1:30 p.m. on June 13, 2011; and trial 28 S t ip & (Proposed) Order Vac Status Conf Order -2- 1 shall commence at 9:00 a.m. on August 23, 2012. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 S t ip & (Proposed) Order Vac Status Conf Order Dated: September 16, 2010 GARLAND E. BURRELL, JR. United States District Judge -3-

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