Oliver v. Wong et al

Filing 78

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 1/22/14 ordering because of ongoing settlement discussions, the parties agree to continue the discovery deadline to allow for further investigation and negotiation of the claim at issue in this action. ( Discovery due by 3/7/2014.)Any motions to compel discovery shall be filed by that date. (Plummer, M)

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SEYFARTH SHAW LLP
James D. McNairy (SBN 230903)
[e-mail]
Sophia S. Kwan (SBN 257666)
[e-mail]
Julie G. Yap (SBN 243450)
[e-mail]
400 Capitol Mall, Suite 2350
Sacramento, California 95814-4428
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
JAMES OLIVER

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DEPARTMENT OF JUSTICE
Office of Attorney General of California
Kevin W. Reager (SBN 178478)
1300 I Street
P. O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
SCOTT CHESSER

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES OLIVER,
Plaintiff,

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Case No. 2:08-cv-2524 LKK AC P
STIPULATION AND [PROPOSED]
ORDER TO MODIFY PRETRIAL
SCHEDULING ORDER

v.
SCOTT CHESSER,
Defendant.

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Judge: Hon. Lawrence K. Karlton

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Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, Local Rules 240 and 270,

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and the Court’s Pretrial Scheduling Order, Plaintiff James Oliver and Defendant Scott Chesser

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hereby submit this Stipulation and [Proposed] Order to Modify the Pretrial Scheduling Order to

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continue the discovery deadline for one month to allow the parties to engage in good faith

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settlement discussions that may resolve the claim at issue in this litigation.
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STIPULATION AND [PROPOSED] ORDER TO MODIFY PRETRIAL SCHEDULING ORDER
16706554v.1

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On July 21, 2010, this Court issued a Pretrial Scheduling Order in this matter. At the

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time, Plaintiff was not represented by counsel. The Court set the discovery deadline as January

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7, 2011 and a dispositive motion deadline of April 29, 2011. The Court did not set a trial date.

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Subsequently, the Court extended the discovery deadline until April 7, 2011 and the

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dispositive motion deadline until July 15, 2011. The dispositive motion deadline was again

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extended to November 28, 2011.

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On August 10, 2012, Magistrate Judge Gregory G. Hollows issued Findings and

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Recommendations, recommending that Plaintiff’s motion for summary judgment be denied and

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that Defendants’ motion for judgment on the pleadings be granted in part and denied in part,

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leaving only a retaliation claim. On September 27, 2012, the Court adopted the Findings and

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Recommendations in full.

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On December 14, 2013, Plaintiff filed a motion to appoint counsel, which was granted on
February 12, 2013.

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On September 26, 2013, this Court entered a Stipulation and Order to reopen discovery to

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allow further investigation of the claim at issue in this action since the appointment of counsel

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for Plaintiff. The Order allowed the parties to conduct discovery until February 7, 2014.

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On December 23, 2013, the Court issued a Scheduling Order, setting the Final Pretrial
Conference in this matter for March 26, 2014.

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Over the past months, Plaintiff and Defendant have engaged in good-faith settlement

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discussions that may resolve the claim at issue in this litigation. In order to preserve resources,

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the parties have agreed to postpone some of the discovery in this action while resolution of this

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matter is fully explored. However, in the event that settlement cannot be achieved, the parties

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seek a modification of the Pretrial Scheduling Order to extend the discovery cut-off by an

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additional month.

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THE PARTIES THROUGH THEIR RESPECTIVE COUNSEL HEREBY STIPULATE:

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1.

Because of ongoing settlement discussions, the Parties agree to continue the

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discovery deadline to allow further investigation and negotiation of the claim at issue in this

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Action.
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STIPULATION AND [PROPOSED] ORDER TO MODIFY PRETRIAL SCHEDULING ORDER
16706554v.1

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2.

The parties may conduct discovery until March 7, 2014. Any motions necessary

to compel discovery shall be filed by that date.

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Dated: January 21, 2014

SEYFARTH SHAW LLP

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By: /s/ Julie G. Yap
James D. McNairy
Sophia S. Kwan
Julie G. Yap
Attorneys for Plaintiff
JAMES OLIVER

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Dated: January 21, 2014

DEPARTMENT OF JUSTICE
Office of the Attorney General of California

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By: /s/ Kevin Reager
Kevin Reager
Attorneys for Defendant
SCOTT CHESSER

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IT IS SO ORDERED.
DATED: January 22, 2014

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STIPULATION AND [PROPOSED] ORDER TO MODIFY PRETRIAL SCHEDULING ORDER
16706554v.1