Kemper v. Folsom Cordova Unified School District

Filing 89

ORDER RE: SETTLEMENT AND CONTINUING DATES signed by Judge Garland E. Burrell, Jr on 10/13/11: Trial RESET for 11/15/2011 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EDWARD L. KEMPER,
Plaintiff,

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v.

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FOLSOM-CORDOVA UNIFIED SCHOOL
DISTRICT, a public entity,

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Defendant.
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2:08-cv-02777-GEB-DAD
ORDER RE: SETTLEMENT AND
CONTINUING DATES

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Plaintiff filed a “Notice of Settlement” on October 12, 2011,

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in which he states, “this matter has settled.” (ECF No. 88.) In light of

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this Notice, and since trial is scheduled to commence in this action on

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November 8, 2011, parts of the Final Pretrial Order are amended for the

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purpose of providing the parties time to confirm their settlement on the

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record; however, the referenced rescheduled dates in the Final Pretrial

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Order shall be vacated if the parties have an enforceable settlement.

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Cf. Callie v. Near, 829 F.2d 888, 890 (9th Cir. 1987) (indicating that

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a representation that a case has settled does not necessarily establish

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the existence of a complete settlement agreement). A hearing will be

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scheduled as soon as practicable at which the parties can confirm on the

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record their settlement; counsel shall meet and confer about when to

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schedule the hearing—it shall be scheduled sometime on October 14, 2011,

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if feasible, and counsel and/or the party or party representative

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appearing at the hearing shall have authority to discuss the settlement

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terms. If case has been settled, the trial and other dates in the Final

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Pretrial Order shall be vacated.

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In light of the representation that this case has settled, the
Final Pretrial Order is modified as follows:

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Trial is scheduled to commence at 9:00 a.m. on November 15,
2011.

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A motion in limine opposition or a non-opposition shall be

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filed no later than 4:00 p.m. on October 21, 2011. Any reply shall be

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filed no later than 4:00 p.m. on October 28, 2011.

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Trial briefs shall be filed no later than October 21, 2011.

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Jury instructions on the claims and affirmative defenses,

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proposed voir dire, and special jury interrogatories, and verdict forms

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shall be filed no later than October 21, 2011.

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The parties are directed to exchange with each other, no later
than October 24, 2011, copies of all of their respective exhibits.

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IT IS SO ORDERED.
Dated:

October 13, 2011

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GARLAND E. BURRELL, JR.
United States District Judge

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