Gonzales v. Bank of America Corporation et al

Filing 65

ORDER signed by Judge Kimberly J. Mueller on 10/27/2011 ORDERING that this case is set for Settlement Conference on 12/15/2011 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan. The parties are directed to submit confidential settlement conference statements to chambers at least seven days prior to the settlement conference. Each party to file a signed waiver of disqualification at least seven days prior. (Zignago, K.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CARLOS GONZALES,

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Plaintiff,

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vs.
BANK OF AMERICA, et al.,
Defendants.

ORDER
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No. CIV S-10-2143 KJM-EFB

The court held a status conference for the above-captioned case on October 19,

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2011. Andrew Steinheimer appeared for plaintiff; Anna Molander appeared for defendant

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Miguel Palacios; and Golareh Mahdavi appeared for defendant Bank of America Corporation.

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Pro se defendant Yeanina Oliva was absent.

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At the status conference, the court set the following deadlines:

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Disclosure of expert witnesses:

December 19, 2011

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Expert discovery rebuttal:

January 18, 2012

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Deadline for expert discovery:

February 15, 2012

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Deadline for hearing dispositive motions:

June 20, 2012

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Final pretrial conference:

July 25, 2012

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Trial:

August 20, 2012
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Furthermore, plaintiff and defendant Palacios expressed their amenability to

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participating in a settlement conference. Defendant Oliva has also agreed to participate in a

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settlement conference. Accordingly, the court has determined this matter will benefit from a

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settlement conference. The assigned magistrate judge will preside over the settlement

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conference as the parties have indicated their willingness to waive disqualification.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. This case is set for a settlement conference before Magistrate Judge Edmund

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F. Brennan on December 15, 2011, at 10:00 a.m. at the U. S. District Court, 501 I Street,

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Sacramento, CA 95814 in Courtroom 24.

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2. The parties are directed to submit confidential settlement conference

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statements to chambers at least seven (7) days prior to the settlement conference. Such

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statements are neither to be filed with the clerk nor served on opposing counsel. However, each

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party shall file a one page document entitled Notice of Submission of Confidential Settlement

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Conference Statement. The parties may agree to serve each other with the settlement statements

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but this is not required.

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3. Each party is directed to file a signed waiver of disqualification at least seven
(7) days prior to the settlement conference. A form of waiver is attached to this order.
4. Each party is reminded of the requirement that it be represented in person at

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the settlement conference by a person able to dispose of the case or fully authorized to settle the

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matter at the settlement conference on any terms. See Local Rule 270.

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DATED: October 27, 2011.

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UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CARLOS GONZALES,

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Plaintiff,
vs.

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No. CIV S-10-2143 KJM-EFB

BANK OF AMERICA, et al.,
Defendants.

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Waiver of Disqualification
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Under Local Rule 16-270(b) of the Eastern District of California, the parties to

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the herein action affirmatively request that Magistrate Judge Brennan participate in the

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settlement conference scheduled for December 15, 2011. To the extent the parties consent to

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trial of the case before the assigned Magistrate Judge, they waive any claim of disqualification to

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the assigned Magistrate Judge trying the case thereafter.

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By:
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Attorney for ______________

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Dated:______________________
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By:
Attorney for _____________

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Dated:______________________
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By:
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Pro Se
Dated:______________________

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