Gabrielson et al v. United States Postal Service et al

Filing 44

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 10/27/2011 VACATING the Settlement Conference scheduled for 11/1/2011 as to Pltf. Troy Gabrielson only. (Michel, G)

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R i v era & A s s o ci a t es

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2180 H arvard Street, Ste. 310
Sacram ento, C alifornia 95815

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Te l: 9 1 6 -9 2 2 -1 2 0 0 F a x : 9 1 6 9 2 2 -1 3 0 3

J es s e M . R i vera, C S N 84259
J o nat han B. P aul , C S N 215884
S hanan L. Hewi t t , C S N 200168
Kel l y A. Yokl ey, C S N 192015
Attorneys for Plaintiff
TROY GABRIELSON

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IN THE UNITED STATES DISTRICT COURT

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IN AND FOR THE EASTERN DISTRICT OF CALIFORNIA

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TROY GABRIELSON, et al.,

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Plaintiffs,
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vs.
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UNITED STATES POSTAL SERVICE, et )
al.,
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Defendants.
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CASE NO. 2:09-CV-00538-MCE-GGH
STIPULATION AND ORDER TO VACATE
THE NOVEMBER 1, 2011 SETTLEMENT
CONFERENCE BEFORE MAGISTRATE
JUDGE KENDALL J. NEWMAN AS TO
PLAINTIFF TROY GABRIELSON

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COMES NOW the plaintiff, TROY GABRIELSON, by and through his attorney

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Jonathan B. Paul, of Rivera & Associates and defendant UNITED STATES POSTAL SERVICE

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by and through its attorney Jason Ehrlinspiel, of the U.S. Attorney’s Office and subject to the

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approval of this Court, hereby agree to and respectfully request the vacation of the November 1,

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2011 settlement conference set before Magistrate Judge Kendall J. Newman. The undersigned

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have agreed to purpose vacation of this conference and contend there is good cause for this

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request for the following reasons:

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1)

At the invitation of and in response to a prior settlement offer by the United States,

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Plaintiff Troy Gabrielson presented a settlement demand prior to the rescheduling of the

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settlement conference in this matter to November 1, 2011. Plaintiff’s 1.5 million dollar

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settlement offer is six times the sum certain listed in his FTCA administrative claim.
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That Plaintiff Gabrielson’s demand was rejected by the Untied States. The United States

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asserts that plaintiff Gabrielson is administratively capped in his recovery pursuant to a

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Government tort claim filed in this action. The United States also contests liability and

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plaintiff Gabrielson’s alleged damages.

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3)

The parties have had further discussions on the topic of presenting their respective

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positions to the Magistrate Judge at the settlement conference. However, the parties

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remain steadfast in their respective positions regarding liability, the administrative cap

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and plaintiff Gabrielson’s alleged damages; hence the parties are diametrically opposed

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on the settlement value of this Mr. Gabrielson’s case.
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In light of the foregoing, the parties herein do not believe that continuing forward with

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the settlement conference as to plaintiff, TROY GABRIELSON would be productive for

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either the parties nor a sensible expenditure of judicial resources in this case.

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5)

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Hence, the parties agree that this matter is no longer amenable to settlement conference
as to plaintiff, TROY GABRIELSON’s claims.

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The parties herein are in no way indicating that the November 1, 2011 settlement

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conference should not continue as to Plaintiff, ALLAN BOWEN.

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RIVERA & ASSOCIATES

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DATED: October 27, 2011

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/s/ Jonathan B. Paul
JONATHAN B. PAUL
Attorney for Plaintiff Troy Gabrielson

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UNITED STATES ATTORNEY’S OFFICE
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DATED: October 27, 2011
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/s/ Jason Ehrlinspiel (auth’d on October 27, 2011 )
Jason Ehrlinspiel, Assistant U.S. Attorney
Attorney for Defendant United States
Postal Service

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FOR GOOD CAUSE SHOWN as stated in the above set forth reasons,

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IT IS SO ORDERED that the settlement conference scheduled for November 1, 2011 is

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vacated as to Plaintiff TROY GABRIELSON, only.

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DATED: October 27, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE