Hixson v City of Lodi, et al

Filing 24

STIPULATION and ORDER 22 signed by Judge Morrison C. England, Jr., on 5/13/11, the parties are directed to contact Magistrate Judge Drozd for available settlement conference dates. The reference to VDRP is withdrawn. (Kastilahn, A)

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1 2 3 4 5 6 LOUIS A. LEONE, ESQ. (SBN: 099874) CLAUDIA LEED, ESQ. (SBN: 122676) STUBBS & LEONE A Professional Corporation 2175 N. California Blvd., Suite 900 Walnut Creek, CA 94596 Telephone: (925) 974-8600 Facsimile: (925) 974-8601 E-Mail: lleone@stubbsleone.com E-Mail: leedc@stubbsleone.com 7 8 9 10 11 12 13 14 15 16 17 Attorneys for Defendants The CITY OF LODI and the LODI UNIFIED SCHOOL DISTRICT, CATHY NICHOLS-WASHER, ART HAND and ERIK SANDSTROM RUSSELL S. HUMPHREY, ESQ. (SBN: 208744) 404 W. Pine Street, Suite 14 Lodi, CA 95240 Telephone: (209) 369-2751 Facsimile: (209) 369-3687 E-Mail: rshumprey@yahoo.com E-Mail: eagutierrezlaw@gmail.com Attorney for Plaintiff JEREMY HIXSON 18 UNITED STATES DISTRICT COURT 19 EASTERN DISTRICT OF CALIFORNIA 20 JEREMY HIXON, Plaintiff, 21 22 Case No.: 2:10-CV-01128-MCE-GGH STIPULATION AND ORDER REFERRING MATTER TO A MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE vs. 23 24 CITY OF LODI; LODI UNIFIED SCHOOL DISTRICT; AND DOES 1 through 20, 25 26 Defendants. 27 28 _________________________________________________________________________________________________________ STIPULATION FOR AN ORDER REFFERRING MATTER TO A 2:10-CV-01128-MCE-GGH MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE 1 1 2 The parties to the above captioned matter hereby stipulate by and through their undersigned counsel of record to request that this court issue an order referring this 3 matter to a Magistrate Judge for Settlement Conference. 4 WHEREAS, on February 21, 2011 the parties filed a Joint Status Report. The 5 6 parties requested that the court order the matter be referred to a Magistrate Judge for 7 the purposes of conducting a settlement conference. 8 WHEREAS, on March 1, 2011 the court ordered this matter to the Voluntary 9 10 Dispute Resolution Program but not to a Magistrate Judge for settlement conference. WHEREAS, good cause exists to grant the parties’ request that this matter be 11 12 referred to a Magistrate Judge for the purposes of a Settlement Conference. Counsel 13 for the parties have met and conferred regarding this issue on a number of occasions. 14 Counsel strongly believe that it is much more likely that this case will resolve through a 15 16 judicially supervised settlement conference then through the process of mediation 17 before a private attorney. In addition, the parties also believe that the Magistrate 18 Judge’s authority as a judicial officer will be more demonstratively more persuasive with 19 the plaintiff and the public entity defendants. 20 Therefore, counsel for the parties respectfully request that the Court reconsider 21 22 its original order and refer this matter to a Magistrate Judge for settlement conference. The parties respectfully request that this matter be referred to Magistrate Judge 23 24 Drozd. 25 IT IS SO STIPULATED. 26 \\\ 27 28 \\\ _________________________________________________________________________________________________________ STIPULATION FOR AN ORDER REFFERRING MATTER TO A 2:10-CV-01128-MCE-GGH MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE 2 1 Dated: May 6, 2011 STUBBS & LEONE 2 3 ________/s/___________________________ LOUIS A. LEONE, ESQ. CLAUDIA LEED, ESQ. Attorneys for Defendants THE CITY OF LODI, LODI UNIFIED SCHOOL DISTRICT, CATHY NICHOLS-WASHER, ART HAND and ERIK SANDSTROM 4 5 6 7 8 9 Dated: May 6, 20111 MARSHALL & MARSHALL 10 11 12 _________/s/________________________ RUSSELL HUMPREHY, ESQ. Attorney for Plaintiff Jeremy Hixson 13 14 ORDER 15 16 17 IT IS SO ORDERED. The parties are directed to contact Magistrate Judge Drozd for 18 available settlement conference dates. The reference to VDRP is withdrawn. 19 Dated: May 13, 2011 20 __________________________________ MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE 21 22 23 DEAC_Signature-END: 24 25 26 c4d6b0d3 27 28 _________________________________________________________________________________________________________ STIPULATION FOR AN ORDER REFFERRING MATTER TO A 2:10-CV-01128-MCE-GGH MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE 3

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